JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION



THIRTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 24, 1997

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor David Mack, followed by the Pledge of Allegiance led by House page Naomi Torberson.

     Roll Call: All members present except Rep. Koetzle who was excused.

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-ninth 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.
     The oath of office was administered by Speaker Hagg to the following named pages: Andrew Bliss, Jordan Clark, Michelle Foster, Johnathan Handcock, Shawn Larson, Trisha Leimkuhl, Carrie Longwood, Sara Loyd, Ryan Miller, Karin Simon, Sarah Sunde, Naomi Torberson, and Betsey Wick.

    Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS


Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1041, 1061, 1062, 1065, 1099, 1107, and 1141, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 183 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 182 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
John Koskan, Chair


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 262 and 264 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 263 and returns the same with the recommendation that said bill be amended as follows:

o-263

     On page 4 , after line 4 of the Senate engrossed bill , insert:

"
     Section 8. That chapter 1-16A be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this chapter, the term, community, means a municipality as defined by § 9-1-1. "

     And that as so amended said bill do pass.

Respectfully submitted,
Larry E. Gabriel, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 16 and 91 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 15 which was tabled.


Respectfully submitted,
Roger Hunt, Chair



MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1038, 1047, 1055, 1079, 1080, 1095, 1097, 1112, 1125, 1148, 1153, and 1178 which have passed the Senate without change.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1035, 1046, 1049, 1068, and 1102 which have been amended by the Senate and your concurrence in the amendment is respectfully requested.


Respectfully,
PATRICIA ADAM, Secretary


MOTIONS AND RESOLUTIONS


     HCR 1010   :   A CONCURRENT RESOLUTION,   Requesting the appointment of an interim legislative committee to study water development districts, county drainage laws, conservation districts, and other natural resource districts.

     Rep. Putnam moved that HCR 1010 as found on page 484 of the House Journal be adopted.

     And the roll being called:

     Yeas 59, Nays 10, Excused 1, Absent and Not Voting 0

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

     Nays were:
Collier; Davis; Haley; Kazmerzak; Lockner; Pederson (Gordon); Richter; Roe; Wetz; Wick

     Excused were:
Koetzle

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1010 was adopted.

     Rep. Hunt moved that SB 211 and 138 be referred from the Committee on Judiciary to the Committee on Commerce.

     Which motion prevailed and the bills were so referred.

    
CONSIDERATION OF REPORTS OF COMMITTEES



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

     Judiciary on SB 145 as found on page 626 of the House Journal; also

     Judiciary on SB 43 as found on page 627 of the House Journal; also

     Health and Human Services on SB 116 as found on page 640 of the House Journal; also

     Health and Human Services on SB 63 as found on page 640 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 125   :   FOR AN ACT ENTITLED, An Act   to revise the membership of the commission on uniform legislation.

     Was read the second time.

     The question being "Shall SB 125 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, 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; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; 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

     Excused were:
Koetzle

     Absent and Not Voting were:
Gabriel

     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 127   :   FOR AN ACT ENTITLED, An Act   to revise the eligibility for workers compensation to any person providing voluntary services to a fire department, ambulance service, or rescue squad and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 127 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 (Jarvis); 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; 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; Speaker Hagg

     Nays were:
Windhorst

     Excused were:
Koetzle

     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1222   :   FOR AN ACT ENTITLED, An Act   to establish a universal telecommunications service fund.

     Was read the second time.

     Rep. Richard Brown moved that the rules be suspended for the sole purpose of placing HB 1222 on the calendar of Tuesday, February 25th, the 31st legislative day.


     The question being on Rep. Richard Brown's motion that the rules be suspended for the sole purpose of placing HB 1222 on the calendar of Tuesday, February 25th, the 31st legislative day.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Jarvis); 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; 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

     Excused were:
Koetzle

     Absent and Not Voting were:
Belatti

     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 1222 was so placed.

     HB 1243   :   FOR AN ACT ENTITLED, An Act   to establish a telecommunications gross receipts tax, provide certain credits, revise certain tax rates on gross receipts, and revise certain exemptions to taxes levied on property.

     Was read the second time.

f-1243h

     Rep. Gabriel moved that HB 1243 be amended as follows:

     On page 1 of the House State Affairs committee engrossed bill , between lines 9 and 10 , insert:

"

             (4)    "Private communications service," any service provided to a customer pursuant to a contractual arrangement where the customer pays a charge on a per minute basis for dedicated telecommunications services through transmission devices which permit such services to originate or terminate in this state; "

     On page 1 , line 10 , delete " (4) " and insert " (5) " .

     On page 1 , line 11 , delete lines 11 to 13, inclusive.

     On page 2 , line 6 , delete " , " and insert " or " .

     On page 2 , line 7 , delete " and television " and insert " , television, and satellite " .

     On page 2 , line 8 , delete everything after "Commission" and insert " and one-way cable television services. The term includes " .

     On page 2 , line 9 , delete " television services, " .

     On page 2 , delete lines 13 to 24 , inclusive , and insert:

"     Section 2. The term, gross receipts, as used in this Act is defined in § 10-33-2.

    Section 3. There is hereby imposed a tax of four percent on the gross receipts of any telecommunications company providing telecommunications service. "


     On page 3 , delete line 1 .

     On page 3 , line 5 , delete " sales " and insert " gross receipts " .

     On page 3 , line 6 , delete " selling " and insert " providing " .

     On page 3 , line 6 , after " telecommunications " insert " service " .

     On page 3 , line 7 , delete " sales price of " and insert " gross receipts from " .

     On page 3 , delete lines 10 to 18 , inclusive , and insert:

"     Section 7. No telecommunications company may list the tax imposed by section 3 of this Act or § 10-33-21 as a separate line item on any contract or bill.

    Section 8. That chapter 10-33 be amended by adding thereto a NEW SECTION to read as follows:

    Any property of a company providing radio common carrier services, mobile services, and radio paging services shall be assessed and taxed in the same manner as telephone company property is assessed and taxed pursuant to chapter 10-33. "


     On page 3 , line 21 , delete " sales price " and insert " gross receipts " .

     On page 4 , line 8 , delete " sales " and insert " gross receipts " .

     On page 8 , line 16 , delete " §  10- " and insert " §  10-33-16 " .

     On page 8 , line 17 , delete " 33-17 " .

     On page 8 , line 17 , delete " or § 10-33-21 and " and insert " . The tax credit shall be " .

     On page 8 , line 18 , after " liability " insert " the year the taxes are imposed by §  10-33-16 are paid " .

     On page 8 , line 19 , delete " §  10-33-17 " and insert " §  10-33-16 " .

     On page 8 , delete lines 21 to 24 , inclusive .

     On page 9 , delete lines 1 to 8 , inclusive .

     On page 10 , delete lines 12 to 24 , inclusive .

     On page 11 , line 4, delete "and §  10-33-21".

     On page 11, after line 9, insert:
    
     "Section 31. That § 10-33-10 be amended to read as follows:

     10-33-10.   All property, real and personal, which is actually and necessarily used in the operation and maintenance of telephone lines in this state, and which belongs to any telephone company in this state which is not subject to the provisions of § §   10-33-21 and 10-33-22 with annual gross receipts in excess of twenty-five million dollars shall be assessed for the purpose of taxation by the Department of Revenue, and not otherwise.

     Section 32. That § 10-33-16 be amended to read as follows:

     10-33-16.   After such date of hearing, and on or before the fourth Monday of August, the Department of Revenue shall finally equalize the assessments and notify each company thereof by mail. The Department of Revenue shall certify the value finally determined to the county auditor of each county in which the company assessed owns property. The value shall be entered on the tax lists of the county and levies shall be extended on the property in the same manner as other property is taxed.

     Section 33. That § 10-33-17 be repealed.

     10-33-17.   All telephone property so assessed by the department of revenue shall be taxed in the following manner:

             (1)      Property within corporate limits shall be subject to all taxes that other property within the same corporate limits is subject to for the current year;

             (2)      Property without corporate limits shall be subject to a rate of taxation which shall be equal to the average rate of taxation borne by other property outside the corporate limits for the current year, which rate shall be the average rate of all state, county,

school, municipal, road, bridge, and other local taxes on other property, which tax so levied and extended shall be in lieu of all other taxes.

     Section 34. That § 10-33-20 be repealed.

     10-33-20.   When taxes on telephone property located within a municipality are collected, the amount due each municipality, or school district shall be paid over by the county treasurer to the treasurer of such municipality, or school district and the treasurer shall credit the remainder to the several state and county funds. When collecting taxes on property located without the corporate limits of any municipality, the treasurer shall use a tax receipt to be called the "telephone tax receipt," and shall credit the proper amount to the state funds and the balance to the county general fund.

     Section 35. The county may increase the revenue payable from taxes on real property above limitations provided in § 10-13-35 by the amount of revenue that is lost by the county as a result of this Act for taxes payable in calendar year 1998."



     Rep. Gabriel moved that HB 1243 be placed to follow HB 1273 on today's calendar.

     Which motion prevailed and HB 1243 was so placed.

     HB 1273   :   FOR AN ACT ENTITLED, An Act   to increase the penalty for speeding in a highway construction work zone and to authorize agents or employees of the Department of Transportation to issue citations for certain motor vehicle violations.

     Was read the second time.

j-1273f

     Rep. Koskan moved that HB 1273 be amended as follows:

     On page 1 , line 10 of the House Transportation committee engrossed bill , after " §  32-25- 19.1 " insert " when highway construction workers are present " .


     Which motion prevailed and HB 1273 was so amended.

     The question being "Shall HB 1273 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 26, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Eccarius; Fischer- Clemens; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Matthews; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Richter; Rost; Schaunaman; Smidt; Van Gerpen; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Collier; Davis; Duniphan; Duxbury; Fiegen; Gleason; Hagen; Haley; Kazmerzak; Kooistra; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Moore; Napoli; Putnam; Roe; Schrempp; Sokolow; Sperry; Waltman; Weber

     Excused were:
Koetzle

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Koskan moved that the title to HB 1273 be amended as follows:

     On page 1 , line 1 of the House Transportation committee engrossed bill , delete everything after " to " .

     On page 1 , line 2 , delete " construction work zone and to " .

     Which motion prevailed and the title was so amended.

     HB 1243   :   FOR AN ACT ENTITLED, An Act   to establish a telecommunications gross receipts tax, provide certain credits, revise certain tax rates on gross receipts, and revise certain exemptions to taxes levied on property.

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

     The question now being on Rep. Gabriel's pending motion that HB 1243 be amended.

     Which motion prevailed and HB 1243 was so amended.


m-1243

     Rep. Volesky moved that HB 1243 be further amended as follows:

     On page 11 , line 4 of the House State Affairs committee engrossed bill , delete " state general " and insert " property tax reduction " .


     Which motion prevailed and HB 1243 was so amended.

     The question being "Shall HB 1243 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Barker; Collier; Davis; Derby; Hassard; Lockner; Moore; Napoli; Schrempp; Sokolow; Sperry; Volesky; Waltman; Windhorst

     Excused were:
Koetzle

     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


    SB 163   :   FOR AN ACT ENTITLED, An Act   to authorize certain counties to issue one additional on-sale liquor license under certain conditions.

    Was read the second time.

f-163h

     Rep. Moore moved that SB 163 be amended as follows:
     On page 1 , line 8 of the Senate Commerce committee engrossed bill , delete " two " and insert " thirty-eight " .

     On page 1 , line 10 , delete " sixty " and insert " forty " .

f-163g

     Rep. Apa moved that Rep. Moore's pending amendment to SB 163 be amended as follows:

     On line 3 of the pending amendment , delete " forty " and insert " one hundred " .


     Rep. Richter rose to a point of order that Rep. Van Gerpen's comments were not germane to the amendment.

     Speaker Hagg ruled the comments germane.



     The question being on Rep. Apa's motion that Rep. Moore's pending amendment to SB 163 be amended.

     Which motion lost.


     The question now being on Rep. Moore's motion that SB 163 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 32, Nays 37, Excused 1, Absent and Not Voting 0

     Yeas were:
Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; DeMersseman; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Konold; Lee; Lockner; Lucas; Matthews; Moore; Munson (Donald); Napoli; Putnam; Schaunaman; Schrempp; Sperry; Waltman; Weber; Windhorst

     Nays were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cutler; de Hueck; Derby; Diedrich; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Jorgensen; Kazmerzak; Kooistra; Koskan; Kredit; Madden; McNenny; Monroe; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Smidt; Sokolow; Van Gerpen; Volesky; Wetz; Wick; Speaker Hagg

     Excused were:
Koetzle

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     The question being "Shall SB 163 pass?"

     And the roll being called:

     Yeas 35, Nays 33, Excused 1, Absent and Not Voting 1

     Yeas were:
Belatti; Brown (Jarvis); Brown (Richard); Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Eccarius; Gabriel; Gleason; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Madden; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Barker; Broderick; Brooks; Brosz; Cerny; Chicoine; Collier; Crisp; Duenwald; Fiegen; Fischer-Clemens; Fitzgerald; Hagen; Hunt; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; Moore; Putnam; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber

     Excused were:
Koetzle

     Absent and Not Voting were:
Duxbury

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

     Rep. de Hueck announced her intention to reconsider the vote by which SB 163 was lost.

     SB 190   :   FOR AN ACT ENTITLED, An Act   to provide legislative approval of certain operations of the Sioux Falls/Regional Sanitary Landfill.

     Was read the second time.

     The question being "Shall SB 190 pass?"

     And the roll being called:


     Yeas 61, Nays 5, Excused 1, Absent and Not Voting 3

     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; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Gabriel; Hassard; Kazmerzak; McNenny; Napoli

     Excused were:
Koetzle

     Absent and Not Voting were:
Hagen; Lee; Sperry

     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 90   :   FOR AN ACT ENTITLED, An Act   to provide for jury districts.

     Was read the second time.

     The question being "Shall SB 90 pass?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 2, 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; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

     Nays were:
McNenny; Monroe; Wetz

     Excused were:
Jaspers; Koetzle

     Absent and Not Voting were:
Gabriel; Sperry

     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 59   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the elimination of railroad crossings.

     Was read the second time.

     The question being "Shall SB 59 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 1, 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; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; 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; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Koetzle

     Absent and Not Voting were:
Duniphan; Sperry

     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 162   :   FOR AN ACT ENTITLED, An Act   to require disclosure of certain information involving the sale, transfer, or merger of the assets of a nonprofit corporation.

     Was read the second time.


r-162

     Rep. de Hueck moved that SB 162 be amended as follows:

     On page 1 , line 7 of the printed bill , after " shall " insert " , within sixty days of such sale, transfer, or merger, " .

     On page 1 , after line 13 , insert:

"     The information shall be submitted on forms provided by the secretary of state. "



     Which motion prevailed and SB 162 was so amended.

     The question being "Shall SB 162 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, 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; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Hunt; Monroe; Munson (Donald)

     Excused were:
Koetzle; Pederson (Gordon)

     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 205   :   FOR AN ACT ENTITLED, An Act   to authorize the use of photo radar equipment to identify motor vehicles violating limited speed zones in highway work areas.

     Was read the second time.

     Rep. Hunt moved that SB 205 be placed to follow SB 196 on today's calendar.

     Which motion prevailed and SB 205 was so placed.

     SB 92   :   FOR AN ACT ENTITLED, An Act   to increase certain fees for a clerk of court records search.

     Was read the second time.

     The question being "Shall SB 92 pass?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); 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:
Cutler; Hagen; Hassard; Koskan; Moore; Napoli

     Excused were:
Brooks; Koetzle

     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.

     SB 150   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to a commercial driver's instruction permit and to clarify the issuance of a commercial driver's license work permit.

     Was read the second time.

     The question being "Shall SB 150 pass?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Crisp; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; 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; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Collier; Cutler; Gabriel; Hagen; Schrempp

     Excused were:
Brown (Jarvis); Koetzle

     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 155   :   FOR AN ACT ENTITLED, An Act   to revise the responsibilities of counties providing for prisoner care and the liability of prisoners for reimbursing the county for costs incurred.

     Was read the second time.

     The question being "Shall SB 155 pass?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 2, Absent and Not Voting 1

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

     Nays were:
Barker; Hagen; Hassard; Koskan; Sperry

     Excused were:
Koetzle; Munson (Donald)


     Absent and Not Voting were:
Davis

     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 160   :   FOR AN ACT ENTITLED, An Act   to prohibit any person under the age of eighteen to drive a motor vehicle after consuming alcoholic beverages.

     Was read the second time.

     Rep. Hunt moved that SB 160 be deferred until Tuesday, February 25th, the 31st legislative day.

     Which motion lost.

     The question being "Shall SB 160 pass?"

     And the roll being called:

     Yeas 23, Nays 42, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Brosz; Brown (Jarvis); Chicoine; Collier; Davis; DeMersseman; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Hassard; Hunt; Jorgensen; Kredit; Lucas; Rost; Sperry; Van Gerpen; Volesky; Speaker Hagg

     Nays were:
Broderick; Brooks; Brown (Richard); Cerny; Crisp; de Hueck; Derby; Diedrich; Duenwald; Fiegen; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Schaunaman; Schrempp; Sokolow; Waltman; Weber; Wetz; Wick; Windhorst

     Excused were:
Koetzle; Putnam; Smidt

     Absent and Not Voting were:
Barker; Cutler

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

     Rep. Belatti announced his intention to reconsider the vote by which SB 160 was lost.


     Rep. de Hueck moved to reconsider the vote by which SB 163 was lost.

     The question being on Rep. de Hueck's motion to reconsider the vote by which SB 163 was lost.

     And the roll being called:

     Yeas 57, Nays 10, Excused 2, Absent and Not Voting 1

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

     Nays were:
Chicoine; Collier; Crisp; Fiegen; Kazmerzak; Kooistra; Kredit; Lockner; Van Gerpen; Weber

     Excused were:
Koetzle; Smidt

     Absent and Not Voting were:
Barker

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 163 was up for reconsideration and final passage.

     SB 163   :   FOR AN ACT ENTITLED, An Act   to authorize certain counties to issue one additional on-sale liquor license under certain conditions.

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

f-163i

     Rep. Moore moved that SB 163 be amended as follows:

     On page 1 , line 8 of the Senate Commerce committee engrossed bill , delete " two " and insert " twelve " .

     On page 1 , line 10 , delete " sixty " and insert " forty " .

    The Speaker, being in doubt on the voice vote, requested a roll call vote.


     The question being on Rep. Moore's motion that SB 163 be amended.

     And the roll being called:

     Yeas 32, Nays 36, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Brosz; Brown (Jarvis); Cerny; Chicoine; Cutler; DeMersseman; Duenwald; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Lee; Lockner; Lucas; Moore; Munson (Donald); Napoli; Schaunaman; Schrempp; Sperry; Waltman; Weber; Windhorst; Speaker Hagg

     Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Richard); Crisp; Davis; de Hueck; Derby; Diedrich; Duniphan; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Sokolow; Van Gerpen; Volesky; Wetz; Wick

     Excused were:
Koetzle

     Absent and Not Voting were:
Collier

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     The question being "Shall SB 163 pass?"

     And the roll being called:

     Yeas 46, Nays 23, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brown (Jarvis); Brown (Richard); Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Jorgensen; Lee; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Brooks; Brosz; Cerny; Chicoine; Collier; Crisp; Duxbury; Fiegen; Fitzgerald; Hunt; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Moore; Smidt; Van Gerpen; Weber


     Excused were:
Koetzle

     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 57   :   FOR AN ACT ENTITLED, An Act   to reduce the legal blood alcohol limits for motor vehicle drivers under twenty-one years of age.

     Was read the second time.

     The question being "Shall SB 57 pass?"

     And the roll being called:

     Yeas 25, Nays 41, Excused 2, Absent and Not Voting 2

     Yeas were:
Belatti; Broderick; Brooks; Brosz; Duniphan; Eccarius; Fiegen; Fitzgerald; Hassard; Hunt; Jorgensen; Konold; Kooistra; Koskan; Kredit; Matthews; Pummel; Rost; Smidt; Sperry; Van Gerpen; Volesky; Wetz; Wick; Speaker Hagg

     Nays were:
Apa; Barker; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Kazmerzak; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Richter; Schaunaman; Schrempp; Sokolow; Waltman; Weber; Windhorst

     Excused were:
Koetzle; Putnam

     Absent and Not Voting were:
Duxbury; Roe

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

     SB 122   :   FOR AN ACT ENTITLED, An Act   to eliminate the requirement of a transfer hearing in certain proceedings against a delinquent child.

     Was read the second time.

r-122
     Rep. Jaspers moved that SB 122 be amended as follows:

     On page 4 , delete lines 1 to 11 of the printed bill , inclusive , and insert:

"     An apparent or alleged delinquent child may be held in an adult lockup or jail for up to six hours for purposes of identification, processing, interrogation, transfer to juvenile facility, or release to parents if the delinquent child is physically separated from adult prisoners.

     Any apparent, alleged, or adjudicated child in need of supervision or adjudicated delinquent child between the ages of fourteen and seventeen years of age may be held in an adult lockup or jail for up to seven days if physically separated from adult prisoners.

     A child who has been formally transferred to adult court pursuant to § 26-11-4 may be held in an adult lockup or jail if the child is fifteen, sixteen, or seventeen years old and the child is alleged to have committed an offense defined as a crime of violence under subdivision 22-1-2(9) or of sexual contact under §   22-22-7.

     An apparent, alleged, or adjudicated child in need of supervision or an apparent, alleged, or adjudicated delinquent child fourteen years of age or older may be held in detention in an adult lockup or jail if physically separated from adult prisoners subject to any restrictions under this chapter or chapter 26-8A, 26-8B, or 26-8C.

     A child who has been transferred to adult court pursuant to §  26-11-4 or a child who is being tried in circuit court as an adult pursuant to section 1 of this Act may be held in detention in an adult lockup or jail if physically separated from adult prisoners.

     A child who has attained the age of majority who is under the continuing jurisdiction of the court may be held in detention in an adult jail or lockup. "


     Which motion prevailed and SB 122 was so amended.

     The question being "Shall SB 122 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 17, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Smidt; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Collier; Davis; Hagen; Haley; Jorgensen; Kooistra; Lee; Lockner; Lucas; Munson (Donald); Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

     Excused were:
Koetzle; Putnam

     Absent and Not Voting were:
Belatti

     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.

     Rep. Gabriel moved that the House do now recess until 5:17 p.m., which motion prevailed and at 5:07 p.m., the House recessed.

RECESS


     The House reconvened at 5:17 p.m. the Speaker presiding.

     SB 54   :   FOR AN ACT ENTITLED, An Act   to revise the violations which are cause for the revocation of a person's hunting, trapping, or fishing privileges and to extend the duration of the revocation.

     Was read the second time.

t-54

     Rep. de Hueck moved that SB 54 be amended as follows:

     On the Senate Judiciary committee engrossed bill, delete everything after the enacting clause and insert:

"      Section  1.  That § 41-6-74 be repealed.

     41-6-74.   In any case where a person is convicted of a violation of a game and fish law punishable as a felony or Class 1 misdemeanor or a violation of §   41-12-12 or §   41-12-13 or a violation of any other law or regulation pertaining to fishing, hunting or possessing game without license or during closed season the court shall revoke the person's hunting, trapping, or fishing privilege for a period of one year following such conviction and if such person is the holder of a license to hunt, trap, or fish, the court shall require such license holder to surrender and deliver such license into court and the same shall be canceled and revoked and returned to the department of game, fish and parks. For the purpose of this section, "conviction" shall be defined as provided in §   32-12-53.


     Section  2.  That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

     The court shall revoke a person's hunting, fishing, or trapping privilege for a period of one year following the conviction for any one of the following offenses:
             (1)    Violation of any game and fish law punishable as a felony or Class 1 misdemeanor;
             (2)    Violation of §  41-12-12;
             (3)    Violation of any other law or rule pertaining to fishing, hunting, or possessing game without a license or during a closed season;
             (4)    Taking or possessing in excess of the lawful daily or possession limit:
             (a)    One or two paddlefish;
             (b)    Two or three turkeys;
             (c)    Four to six, inclusive, of any one game fish as regulated other than paddlefish;
             (d)    Four to six, inclusive, of any one small game animal as regulated.

     Section  3.  That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

     The court shall revoke a person's hunting, fishing, or trapping privilege for a period of two to five years, inclusive, following the conviction for taking or possessing in excess of the lawful daily or possession limit any of the following:
             (1)    Three or more paddlefish;
             (2)    Four or more turkeys;
             (3)    Seven or more of any one game fish as regulated other than paddlefish;
             (4)    Seven or more of any one small game animal as regulated.

     Section  4.  That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

     If a person's license has been revoked pursuant to sections 2 or 3 of this Act, the court shall require the license holder to surrender and deliver the license to the court at which time the revocation shall be noted on the face of the license and the license returned to the Department of Game, Fish and Parks. If the person has a combination license, the revocation shall be noted on the face of the license and the license shall be returned to the person to remain valid for the other purposes permitted by the license. For the purposes of this Act, the term, conviction, is defined as provided in §  32-12-53. "


     Which motion prevailed and SB 54 was so amended.

     The question being "Shall SB 54 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Barker; Duenwald; Kazmerzak

     Excused were:
Koetzle; Putnam

     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 86   :   FOR AN ACT ENTITLED, An Act   to revise the standard of proof concerning whether certain acts of physicians are within the scope of their practice.

     Was read the second time.

     The question being "Shall SB 86 pass?"

     And the roll being called:

     Yeas 58, Nays 10, Excused 2, Absent and Not Voting 0

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

     Nays were:
Apa; Cutler; Diedrich; Fiegen; Jorgensen; Koskan; McNenny; Monroe; Wetz; Speaker Hagg

     Excused were:
Koetzle; Putnam

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Hunt moved that the title to SB 86 be amended as follows:

     On page 1 , line 2 of the Senate Judiciary committee engrossed bill , delete " physicians " and insert " practitioners of the healing arts " .


     Which motion prevailed and the title was so amended.

     SB 77   :   FOR AN ACT ENTITLED, An Act   to require the licensure of nonresident pharmacies.

     Was read the second time.

     Rep. Lee moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 77 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, 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; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Speaker Hagg

     Nays were:
Diedrich; Hassard; Jaspers; Johnson (Doug); Koskan; Matthews; McNenny; Napoli; Rost; Wetz; Windhorst

     Excused were:
Koetzle


     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. Gabriel moved that SB 232 be placed to precede SB 99 on today's calendar.

     Which motion prevailed and SB 232 was so placed.

     SB 232   :   FOR AN ACT ENTITLED, An Act   to impose a fee on certain wireless communications devices to support telecommunications services for the deaf and for persons with other disabilities.

     Was read the second time.

     The question being "Shall SB 232 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 (Jarvis); 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; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); 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:
Napoli

     Excused were:
Koetzle

     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.

     SB 99   :   FOR AN ACT ENTITLED, An Act   to revise the grounds upon which a judge may waive consent of a parent to termination of parental rights for adoption.

     Was read the second time.


     The question being "Shall SB 99 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 7, Excused 1, Absent and Not Voting 0

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

     Nays were:
Cutler; de Hueck; Moore; Napoli; Sokolow; Sperry; Volesky

     Excused were:
Koetzle

     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.

     Rep. Gabriel moved that SB 221, 166, 223, 142, 156, 269, 186, 152, 194, 101, 124, 196, and 205 be deferred until Tuesday, February 25th, the 31st legislative day.

     Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1013, 1074, 1076, 1105, 1140, and 1241 and finds the same correctly enrolled.

Respectfully submitted,
Rex Hagg, Chair


SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1013: FOR AN ACT ENTITLED, An Act  to clarify that a local school board or governing body may set the school term for kindergarten programs and to revise certain requirements regarding the school term established by a local school board.

     HB 1074: FOR AN ACT ENTITLED, An Act  to provide for the legal description of certain plats.

     HB 1076: FOR AN ACT ENTITLED, An Act  to provide that the school district of residence of certain foster children is the resident district of the foster parent.

     HB 1105: FOR AN ACT ENTITLED, An Act  to revise certain provisions concerning the printing and disposition of legislative bills.

     HB 1140: FOR AN ACT ENTITLED, An Act  to revise the definition of a financial institution for nonprobate transfers.

     HB 1241: FOR AN ACT ENTITLED, An Act  to clarify the notice requirement in certain estate matters.

     SB 89: FOR AN ACT ENTITLED, An Act  to allow circuit judges from one or more circuits to share law library resources.

     SB 141: FOR AN ACT ENTITLED, An Act  to revise the recall provisions for elected municipal officials.

     SB 204: FOR AN ACT ENTITLED, An Act  to revise the number of days that a temporary snowmobile license permit is valid.

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed, and at 5:58 p.m. the House adjourned.

KAREN GERDES, Chief Clerk