JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION



TWENTY-NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 21, 1997

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of Allegiance led by House page Mike Lonneman.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-eighth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.
Respectfully submitted,
REX HAGG, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 124 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 125 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
Larry E. Gabriel, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 196 and returns the same with the recommendation that said bill do pass.



Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 127 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.



Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 145 and returns the same with the recommendation that said bill be amended as follows:

r-145

     On page 5 , line 11 of the printed bill , delete " as a memorial " .

     On page 5 , line 11 , delete " title on which a " and insert " release. "

     On page 5 , delete line 12 , and insert " The " .


r-145b

     On page 5 , line 20 of the printed bill , delete " may" and insert "shall " .

r-145c

     On page 6 , line 3 of the printed bill , delete " actual damage " and insert " damages " .

     On page 6 , line 4 , after " release " insert " , including reasonable attorney fees " .

r-145d

     On page 1 , line 8 of the printed bill , delete " in the original principal amount of five hundred thousand " .

     On page 1 , line 9 , delete " dollars or less " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 43 and returns the same with the recommendation that said bill be amended as follows:

r-43a

     On page 2 , line 8 of the Senate Judiciary committee engrossed bill , delete " receipt " .

     On page 2 , line 9 , delete " of such prize on payment to the sponsor for the prize " .

r-43b

     On page 6 , line 9 of the Senate Judiciary committee engrossed bill , delete " 6 " and insert " 11 " .

     On page 6 , line 10 , delete " 6 " and insert " 11 " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 242 and returns the same with the recommendation that said bill be referred to the Committee on Agriculture & Natural Resources.


Respectfully submitted,
Roger Hunt, Chair
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1013, 1074, 1076, 1105, 1140, 1184, and 1241 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 24, 72, 121, 126, 137, 154, 170, 175, 187, 214, 254, and 268 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Gabriel moved that the rules be suspended for the sole purpose of placing HB 1273 on the calendar of Monday, February 24th, the 30th legislative day.

     The question being on Rep. Gabriel's motion that the rules be suspended for the sole purpose of placing HB 1273 on the calendar of Monday, February 24th, the 30th legislative day.

     And the roll being called:

     Yeas 65, Nays 3, Excused 0, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Moore; Sokolow; Volesky

     Absent and Not Voting were:
Fiegen; Schrempp

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried, the rules were suspended and HB 1273 was so placed.

     Rep. Hunt moved that SB 242 be referred from the Committee on Judiciary to the Committee on Agriculture & Natural Resources.

     Which motion prevailed and the bill was so referred.

     Rep. Hunt moved that SB 184 be referred from the Committee on Judiciary to the Committee on Transportation.

     Which motion prevailed and the bill was so referred.

     Rep. Hunt moved that SB 112, 178, and 261 be referred from the Committee on Judiciary to the Committee on State Affairs.

     Which motion prevailed and the bills were so referred.

     SCR 4   :   A CONCURRENT RESOLUTION,   Urging the Environmental Protection Agency to reaffirm certain air quality standards.

     Was read and referred to the Committee on Agriculture & Natural Resources.


CONSIDERATION OF REPORTS OF COMMITTEES



     Rep. Gabriel moved that the reports of the Standing Committees on

     Local Government on SB 152 as found on page 600 of the House Journal; also

     Education on SB 194 as found on page 601 of the House Journal; also

     Taxation on SB 101 as found on page 601 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Davis requested that HCR 1010 be removed from the Consent Calendar.

     Which request was granted and the resolution was so removed.

     Rep. Gabriel requested that SB 186 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Koskan requested that SB 269 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 148   :   FOR AN ACT ENTITLED, An Act   to revise the requirements for number and filing of copies concerning the apportionment of foundation program funds.

     Was read the second time.

     The question being "Shall SB 148 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Volesky

     Excused were:
Brown (Jarvis)

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 146   :   FOR AN ACT ENTITLED, An Act   to revise the dates when the auditor reconciles the unpaid taxes.

     Was read the second time.

     The question being "Shall SB 146 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Volesky

     Excused were:
Brown (Jarvis)

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

    Speaker Pro tempore Hunt now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1227   :   FOR AN ACT ENTITLED, An Act   to establish the policy that will guide and direct the creation of a new advanced telecommunication infrastructure across South Dakota.

     Was read the second time.

     The question being "Shall HB 1227 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 13, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Smidt; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Collier; Fiegen; Hagen; Kazmerzak; Koetzle; Lockner; Lucas; Moore; Roe; Schrempp; Sokolow; Waltman; Windhorst

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1279   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the regulation and the taxation of trust companies.

     Was read the second time.

     Rep. Broderick moved that HB 1279 be placed to follow HB 1081 on today's calendar.

     Which motion prevailed and HB 1279 was so placed.

     HB 1242   :   FOR AN ACT ENTITLED, An Act   to allow reciprocal interstate shipments of wine.

     Was read the second time.

     The question being "Shall HB 1242 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 39, Excused 0, Absent and Not Voting 0

     Yeas were:
Belatti; Brown (Richard); Collier; Crisp; Cutler; de Hueck; DeMersseman; Diedrich; Duniphan; Eccarius; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Lee; Madden; McNenny; Monroe; Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Waltman; Wetz; Windhorst; Speaker Hagg

     Nays were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Chicoine; Davis; Derby; Duenwald; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lockner; Lucas; Matthews; Moore; Munson (Donald); Pederson (Gordon); Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wick

     So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

     Rep. Hagg announced his intention to reconsider the vote by which HB 1242 was lost.

     HB 1215   :   FOR AN ACT ENTITLED, An Act   to provide for the appeal and resolution of certain zoning decisions.

     Was read the second time.

     The question being "Shall HB 1215 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 14, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lee; Lockner; Lucas; Madden; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Brosz; de Hueck; DeMersseman; Duenwald; Fitzgerald; Gabriel; Hassard; Kredit; Matthews; McNenny; Pederson (Gordon); Putnam; Richter; Rost
    
     Absent and Not Voting were:
Cutler

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1044   :   FOR AN ACT ENTITLED, An Act   to make an appropriation for certain higher education grant programs.

     Was read the second time.

     The question being "Shall HB 1044 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 14, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Duenwald; Fiegen; Fitzgerald; Gabriel; Hassard; Jaspers; Johnson (Doug); Koskan; McNenny; Monroe; Napoli; Putnam; Richter; Windhorst

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1081   :   FOR AN ACT ENTITLED, An Act   to appropriate money for adult basic education programs.

     Was read the second time.

     The question being "Shall HB 1081 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Gabriel; Hassard

     Absent and Not Voting were:
Diedrich

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1279   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the regulation and the taxation of trust companies.

     Having had its second reading was up for consideration and final passage.

f-1279a

     Rep. Broderick moved that HB 1279 be amended as follows:

     On page 1 , line 13 of the House Taxation committee engrossed bill , after " year. " insert " Any trust company which is a related corporation, as defined in §  10-43-1, of a depository institution subject to the provisions of chapter 10-43 is exempt from the charter fee imposed by this section. " .

     On page 2 , delete lines 6 to 9 , inclusive .

     On page 6 , after line 19 , insert:

"      Section 17. That § 10-43-88 be amended to read as follows:

     10-43-88.   For the purpose of this section and § §   10-43-89 and 10-43-90, financial institution means a financial institution defined in §   10-43-1(4) but is one which is authorized to engage in the trust business and has not been authorized to accept deposits by the director, comptroller of the currency, or the office of thrift supervision and is not a related corporation of a depository institution subject to the tax imposed by this chapter . "



     Which motion prevailed and HB 1279 was so amended.

     The question being "Shall HB 1279 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Koskan; Monroe; Schrempp; Windhorst

     Excused were:
Fiegen; Roe

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     Rep. Hagg moved that the House do now reconsider the vote by which HB 1242 was lost.

    Rep. Schaunaman rose to a point of order that Rep. Windhorst was not speaking to the question.

    Speaker Pro tempore Hunt requested the remarks be on the question to reconsider HB 1242.

     The question being on Rep. Hagg's motion to reconsider the vote by which HB 1242 was lost.

     And the roll being called:

     Yeas 41, Nays 27, Excused 2, Absent and Not Voting 0

     Yeas were:
Brown (Richard); Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fitzgerald; Gabriel; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lockner; Moore; Munson (Donald); Schrempp; Smidt; Sokolow; Van Gerpen; Volesky

     Excused were:
Fiegen; Roe

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1242 was up for reconsideration and final passage.

     HB 1242   :   FOR AN ACT ENTITLED, An Act   to allow reciprocal interstate shipments of wine.

     Having had its second reading was up for reconsideration and final passage.

o-1242

     Rep. Apa moved that HB 1242 be amended as follows:

     On page 2 , line 13 of the House Commerce committee engrossed bill , delete " thirty " and insert " seventy-five " .

     Which motion prevailed and HB 1242 was so amended.

     The question being "Shall HB 1242 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 27, Excused 2, Absent and Not Voting 0

     Yeas were:
Belatti; Brown (Jarvis); Brown (Richard); Collier; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Barker; Broderick; Brooks; Brosz; Cerny; Chicoine; Davis; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lockner; Moore; Munson (Donald); Schrempp; Smidt; Sokolow; Van Gerpen; Volesky

     Excused were:
Fiegen; Roe

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 24   :   FOR AN ACT ENTITLED, An Act   to clarify payment of state aid to education by defining which schools are included in computation of average daily membership.

     Was read the first time and referred to the Committee on Education.

     SB 72   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to state aid to education and to require a legislative interim study of educational opportunities and to declare an emergency.

     Was read the first time and referred to the Committee on Appropriations.

     SB 121   :   FOR AN ACT ENTITLED, An Act   to define medical indigence.

     Was read the first time and referred to the Committee on State Affairs.

     SB 126   :   FOR AN ACT ENTITLED, An Act   to permit the Department of Commerce and Regulation to provide the driving record of policyholders to insurance companies.

     Was read the first time and referred to the Committee on Commerce.

     SB 137   :   FOR AN ACT ENTITLED, An Act   to provide for the issuance of big game licenses to the dependent children of certain armed services members.

     Was read the first time and referred to the Committee on Agriculture & Natural Resources.

     SB 154   :   FOR AN ACT ENTITLED, An Act   to revise certain school district funds.

     Was read the first time and referred to the Committee on Education.

     SB 170   :   FOR AN ACT ENTITLED, An Act   to establish statewide content standards of learning for all public schools.

     Was read the first time and referred to the Committee on Education.

     SB 175   :   FOR AN ACT ENTITLED, An Act   to provide for the regulation of certain intrastate motor carriers.

     Was read the first time and referred to the Committee on Transportation.

     SB 187   :   FOR AN ACT ENTITLED, An Act   to increase the amount of money or damage that is under the jurisdiction of small claims court and to clarify that a party may be represented by an attorney in small claims or magistrate court.

     Was read the first time and referred to the Committee on Judiciary.

     SB 214   :   FOR AN ACT ENTITLED, An Act   to exempt law enforcement officers from the requirement of the use of motor vehicle lights under certain circumstances.

     Was read the first time and referred to the Committee on Transportation.

     SB 254   :   FOR AN ACT ENTITLED, An Act   to appropriate money for memorial education cost equalization grants and to declare an emergency.

     Was read the first time and referred to the Committee on Appropriations.

     SB 268   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the civil liability of drug dealers.

     Was read the first time and referred to the Committee on Judiciary.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Gabriel moved that SB 163, 190, 90, 59, 162, 205, 92, 150, 155, 160, 57, 122, 54, 86, 77, 99, 221, 232, 166, 223, 142 and 156 be deferred until Monday, February 24th, the 30th legislative day.

     Which motion prevailed and the bills were so deferred.

    There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1058, 1067, and 1117 and finds the same correctly enrolled.

Respectfully submitted,
Rex Hagg, Chair
Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration SB 116 and returns the same with the recommendation that said bill be amended as follows:

q-116A

     On page 1 , line 8 of the Senate Judiciary committee engrossed bill, delete " administrator " and insert " program director " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration SB 63 and returns the same with the recommendation that said bill be amended as follows:
q-63

     On page 2 , line 4 of the printed bill , after " for medical assistance " insert " , who has not divorced the medical assistance recipient, " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 62 which was tabled.


Respectfully submitted,
Kristie Fiegen, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Staggers, Thompson, and Flowers as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two Houses on HB 1084.

Respectfully,
PATRICIA ADAM, Secretary
SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1058: FOR AN ACT ENTITLED, An Act  to authorize certain production of malt beverage and wine for personal or family use.

     HB 1067: FOR AN ACT ENTITLED, An Act  to revise the period of time a bank is allowed to hold overdrafts as an asset.

    HB 1117   :   FOR AN ACT ENTITLED, An Act   to authorize a county to create a depreciation reserve for capital acquisitions.     

    And signed the same in the presence of the House.

     Rep. Belatti moved that the House do now adjourn, which motion prevailed, and at 2:25 p.m. the House adjourned.

KAREN GERDES, Chief Clerk