JOURNAL OF THE HOUSE

SEVENTY-THIRD  SESSION



SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 20, 1998

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by House page Jim Wasson.

     Roll Call: All members present except Reps. Chicoine, Collier, and Derby who were 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 fifth 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 Appropriations respectfully reports that it has had under consideration HB 1031 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
J.E. “Jim” Putnam, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1024 and returns the same with the recommendation that said bill do pass.


Respectfully submitted,
Richard “Dick” Brown, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1069 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1074 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 Taxation respectfully reports that it has had under consideration HB 1051 and returns the same with the recommendation that said bill be amended as follows:

f-1051

     On page 1 , after line 8 of the printed bill , insert:

"      Section 2. That § 10-4-2.6 be amended to read as follows:

     10-4-2.6.   If a manufactured home with a manufactured statement of origin dated after October 31, model year of 1997 or newer , is sold by a licensed manufactured home dealer, the dealer shall complete the manufactured home listing form, as prescribed by the secretary of revenue, and send the completed form to the director of equalization of the county in which the

manufactured home was delivered. The form shall be sent within thirty days after the delivery of the manufactured home. "


     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1006, 1007, 1036 and 1077 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1004 and 1005 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Respectfully submitted,
Kay Jorgensen, Chair


Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1034 and returns the same with the recommendation that said bill be amended as follows:

t-1034b

     On page 2 , line 22 of the printed bill , delete " yCCWDSI " and insert " CCWDSI " .

     On page 3 , line 17 , after " cervids " insert " eighteen months of age or greater " .

     On page 5 , line 2 , after " cervidae " insert " eighteen months of age or greater " .

     On page 5 , line 4 , delete " section 2 of this chapter " and insert " § 12:68:25:01 " .

     On page 5 , line 24 , after " chapter " insert " or as directed by the state veterinarian in consultation with the designated epidemiologist " .

     On page 6 , line 7 , delete " a monitored CWD cervid herd or " .

     On page 6 , line 20 , delete " under common ownership " and insert " in the cervid herd " .
     On page 7 , line 7 , delete " section 2 of this chapter " and insert " § 12:68:25:01 " .

     On page 8 , line 17 , after " certificate " insert " are offspring from or " .

     On page 8 , line 21 , delete " Animal Health Official of the state of origin " and insert " state veterinarian " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1003 which was deferred to the 36th legislative day.


Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1041 and 1046 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1044 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 Commerce respectfully reports that it has had under consideration HB 1052 and returns the same with the recommendation that said bill be amended as follows:

j-1052

     On page 1 , line 7 of the printed bill , overstrike " 36-21 " and insert " 36-21A " .

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Robert Roe, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 6, 7, 9, 10, 37, 40, 42, and 55 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1003:   A CONCURRENT RESOLUTION,   Requesting that construction of the National World War II Memorial proceed expeditiously.

     Rep. Cerny moved that HCR 1003 as found on pages 62 and 63 of the House Journal be adopted.

     The question being on Rep. Cerny's motion that HCR 1003 be adopted.

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker

     Excused were:
Chicoine; Collier; Derby

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted.


HONORED GUESTS


     Rep. Kooistra   introduced Linda Hartman, Outstanding School Board Member, from Hartford.

     Rep. Van Gerpen   introduced Miss Aesli Grandi, Tabor Czech Days Queen.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1112   Introduced by:  Representative Hunt and Senator Everist

     FOR AN ACT ENTITLED, An Act   to provide for a statute of limitations in certain negligence actions against regional airports.

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

     HB 1113   Introduced by:  Representatives Diedrich, Chicoine, Crisp, de Hueck, Derby, Jaspers, Kooistra, Schaunaman, Sperry, and Waltman and Senators Frederick, Daugaard, Dunn (Jim), Hainje, Hutmacher, Olson, Reedy, and Symens

     FOR AN ACT ENTITLED, An Act   to authorize certain insurance transactions related to the provision of financial assurance for the closure of certain agricultural operations.

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

     HB 1114   Introduced by:  Representatives Diedrich, Chicoine, Crisp, de Hueck, Derby, Jaspers, Kooistra, Schaunaman, Sperry, and Waltman and Senators Frederick, Daugaard, Dunn (Jim), Hainje, Halverson, Hutmacher, Olson, Reedy, and Symens

     FOR AN ACT ENTITLED, An Act   to regulate the closure of manure and wastewater storage facilities for certain concentrated swine feeding facilities.

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

     HB 1115   Introduced by:  Representatives Hunt, Brooks, Cutler, Davis, and Richter and Senators Hainje and Dunn (Rebecca)

     FOR AN ACT ENTITLED, An Act   to allow school districts to sell real property by using a real estate agent.

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

     HB 1116   Introduced by:  Representatives Schrempp, Apa, Duenwald, Fitzgerald, Koskan, Lee, Pummel, Waltman, and Weber and Senators Kloucek and Benson

     FOR AN ACT ENTITLED, An Act   to allow the shooting of coyotes from snowmobiles.

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

     HB 1117   Introduced by:  Representatives Belatti, Apa, Chicoine, Fischer-Clemens, Lee, and Weber and Senators Halverson, Albers, Drake, Hutmacher, and Johnson (William)

     FOR AN ACT ENTITLED, An Act   to revise the county bonding authority.

     Was read the first time and referred to the Committee on Local Government.

     HB 1118   Introduced by:  Representatives Chicoine, Broderick, and Collier and Senator Albers

     FOR AN ACT ENTITLED, An Act   to revise the time period in which a preliminary hearing in certain misdemeanor cases must be held.

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

     HB 1119   Introduced by:  Representatives Kooistra, Brooks, Chicoine, Duenwald, Kazmerzak, Lee, Matthews, Moore, Schrempp, Sperry, and Weber and Senators Flowers, Halverson, Hutmacher, Reedy, and Vitter

     FOR AN ACT ENTITLED, An Act   to repeal certain restrictions concerning the use of revenue from the wheel tax.

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

     HB 1120   Introduced by:  Representatives Brown (Richard), Apa, Broderick, Brooks, Chicoine, Cutler, Fiegen, Fischer-Clemens, Fitzgerald, Jorgensen, Matthews, Moore, Peterson (Bill), Richter, and Roe and Senators Aker, Albers, Brosz, Dunn (Rebecca), Everist, Flowers, Halverson, Hunhoff, Hutmacher, Munson (David), Shoener, and Whiting

     FOR AN ACT ENTITLED, An Act   to provide for a graduated licensing system.

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


     HB 1121   Introduced by:  Representatives Schaunaman, Cutler, and Waltman and Senators Flowers, Aker, Dennert, Hutmacher, and Lawler

     FOR AN ACT ENTITLED, An Act   to provide for the contracting of legal services for indigent defense and to create a lien in support thereof.

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

     HB 1122   Introduced by:  Representatives Hunt and Koskan and Senator Johnson (William)

     FOR AN ACT ENTITLED, An Act   to affirm the right of family members to assist in certain births.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1123   Introduced by:  Representatives Hunt and Koskan and Senator Johnson (William)

     FOR AN ACT ENTITLED, An Act   to affirm the right of a parent to have a child born without consulting or utilizing a practitioner of the healing art.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1124   Introduced by:  Representatives Hunt, Brooks, Brown (Jarvis), Brown (Richard), Crisp, Cutler, Konold, Kooistra, Koskan, Kredit, Matthews, Peterson (Bill), Sperry, Weber, and Wick and Senators Lange, Dennert, and Lawler

     FOR AN ACT ENTITLED, An Act   to increase sales and use taxes, repeal the video lottery, and dedicate any additional revenue to reducing property taxes or increasing the per student allocation.

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

     HB 1125   Introduced by:  Representatives Fischer-Clemens, Crisp, Davis, Duniphan, Duxbury, Gleason, Jorgensen, Moore, Munson (Donald), Van Gerpen, and Weber and Senators Olson, Albers, Hunhoff, Morford, and Munson (David)

     FOR AN ACT ENTITLED, An Act   to require health benefit plans to cover previously uninsurable individuals.

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

     HB 1126   Introduced by:  Representatives Fischer-Clemens, Cutler, Diedrich, Duniphan, Duxbury, Gleason, Jorgensen, Matthews, and Van Gerpen and Senators Olson and Albers


     FOR AN ACT ENTITLED, An Act   to exempt employer plans with one employee from small business group health insurance regulations.

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

     HB 1127   Introduced by:  Representatives Fischer-Clemens, Apa, Crisp, Cutler, Diedrich, Matthews, and Weber and Senators Olson, Albers, and Flowers

     FOR AN ACT ENTITLED, An Act   to revise certain statutes pertaining to the power of municipalities to contract for planning and zoning services.

     Was read the first time and referred to the Committee on Local Government.

     HB 1128   Introduced by:  Representative Moore and Senator Hutmacher

     FOR AN ACT ENTITLED, An Act   to require the repayment of certain financial assistance provided to John Morrell and Company.

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

     HB 1129   Introduced by:  Representative Moore and Senator Hutmacher

     FOR AN ACT ENTITLED, An Act   to repeal the financial assistance

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

     HB 1130   Introduced by:  Representatives Cutler and Moore and Senator Paisley

     FOR AN ACT ENTITLED, An Act   to remove the property tax exemption provided to certain congregate housing facilities.

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

     HB 1131   Introduced by:  Representatives Cutler, Apa, Brown (Gary), Diedrich, Jorgensen, Koskan, Moore, Napoli, and Peterson (Bill) and Senators Paisley, Brosz, Brown (Arnold), Flowers, and Shoener

     FOR AN ACT ENTITLED, An Act   to exempt locksmiths, locksmith shops, and locks made to individual order from the contractor's excise tax and to make them subject to sales and use tax.

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


     HB 1132   Introduced by:  Representative Cutler and Senator Everist

     FOR AN ACT ENTITLED, An Act   to revise the reduction in state aid to special education based upon a school district's ending special education fund balance.

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

     HB 1133   Introduced by:  Representative Cutler and Senator Everist

     FOR AN ACT ENTITLED, An Act   to limit the amount of state aid to special education to local school districts.

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

     HB 1134   Introduced by:  Representative Cutler and Senator Everist

     FOR AN ACT ENTITLED, An Act   to require a school district to levy the maximum special education tax levy to qualify for state aid to special education.

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

     HB 1135   Introduced by:  Representatives Cutler, Brooks, Crisp, Diedrich, Duxbury, Haley, Jaspers, Johnson (Doug), Kazmerzak, Putnam, Schaunaman, Smidt, and Sperry and Senators Munson (David), Aker, Albers, Daugaard, Drake, Dunn (Jim), Flowers, Frederick, Hainje, Morford, and Symens

     FOR AN ACT ENTITLED, An Act   to authorize production incentive payments for ethanol derived from biomass.

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

     HB 1136   Introduced by:  Representatives Cutler, Brooks, Crisp, Diedrich, Duxbury, Haley, Jaspers, Johnson (Doug), Kazmerzak, Putnam, Schaunaman, Smidt, and Sperry and Senators Munson (David), Albers, Daugaard, Drake, Flowers, Frederick, Hainje, Morford, and Symens

     FOR AN ACT ENTITLED, An Act   to revise certain requirements for the denaturing of ethanol alcohol.

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

     HB 1137   Introduced by:  Representatives Cutler, Brooks, Brown (Richard), Collier, Crisp, Fiegen, Fitzgerald, Hunt, Konold, Kooistra, Kredit, Matthews, Peterson (Bill), Pummel, Sperry, Van Gerpen, Waltman, and Wick and Senators Paisley, Dennert, Dunn (Jim), Lawler, Morford, and Symens

     FOR AN ACT ENTITLED, An Act   to repeal the video lottery and to increase the sales and use tax.

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

     HB 1138   Introduced by:  Representatives Cutler, Crisp, Diedrich, Duxbury, Haley, Jaspers, Johnson (Doug), Kazmerzak, Putnam, Smidt, and Sperry and Senators Munson (David), Albers, Dennert, Flowers, Frederick, and Symens

     FOR AN ACT ENTITLED, An Act   to revise the transfer of money from the state capital construction fund.

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

     HB 1139   Introduced by:  Representatives Napoli, Gabriel, Monroe, Schaunaman, and Windhorst and Senators Flowers, Benson, Kloucek, Morford, and Staggers

     FOR AN ACT ENTITLED, An Act   to revise the procedures for conducting an auction sale of new merchandise.

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

     HB 1140   Introduced by:  Representatives Napoli and Lee and Senators Vitter, Hutmacher, and Reedy

     FOR AN ACT ENTITLED, An Act   to require boats registered by the Department of Revenue to be titled at the time of registration.

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

     HB 1141   Introduced by:  Representatives Peterson (Bill), Davis, Koetzle, and Richter and Senators Hainje and Dunn (Rebecca)

     FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to the publication of certain public employees' salaries.

     Was read the first time and referred to the Committee on Local Government.

     HB 1142   Introduced by:  Representatives Gabriel, Duxbury, Jorgensen, and Pederson (Gordon) and Senators Morford, Drake, and Johnson (William)

     FOR AN ACT ENTITLED, An Act   to allow joint ventures and other arrangements among telecommunications companies to assist in the provisioning of the South Dakota Public Communications Network Infrastructure.

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

     HB 1143   Introduced by:  Representatives Gabriel, Brown (Richard), Koetzle, and Peterson (Bill) and Senators Everist and Shoener

     FOR AN ACT ENTITLED, An Act   to make school district and municipal boundaries coterminous.

     Was read the first time and referred to the Committee on Local Government.

     HB 1144   Introduced by:  Representative Cutler and Senator Everist

     FOR AN ACT ENTITLED, An Act   to require a school district to obligate all money in its special education fund before it may receive money for extraordinary expenses.

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

     HB 1145   Introduced by:  Representatives Richter, Duniphan, Peterson (Bill), and Rost and Senators Ham, Brosz, and Everist

     FOR AN ACT ENTITLED, An Act   to establish a date by which application to a school board for alternative instruction must be made.

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

     HB 1146   Introduced by:  Representatives Richter, Brooks, Brown (Richard), Duniphan, Eccarius, Fischer-Clemens, Gabriel, Haley, Hunt, Koetzle, Lucas, Madden, Peterson (Bill), and Rost and Senators Everist, Aker, Brosz, Hainje, Ham, Hutmacher, Munson (David), Olson, and Shoener

     FOR AN ACT ENTITLED, An Act   to mandate transferability of certain postsecondary credit hours.

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

     HB 1147   Introduced by:  Representatives Wick, Crisp, Duniphan, Fiegen, Fitzgerald, Kooistra, Peterson (Bill), Smidt, and Wetz and Senators Albers, Shoener, and Staggers

     FOR AN ACT ENTITLED, An Act   to provide for the suspension of driving privileges of persons under the age of twenty-one who have committed certain alcohol-related offenses.

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

     HB 1148   Introduced by:  Representatives Wick, Duniphan, Fiegen, Fitzgerald, Kooistra, Peterson (Bill), Smidt, Van Gerpen, and Wetz and Senators Paisley and Shoener

     FOR AN ACT ENTITLED, An Act   to provide for the suspension of driving privileges for persons under the age of eighteen who have certain tobacco-related offenses.

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

     HB 1149   Introduced by:  Representatives Wetz, de Hueck, Duniphan, Fitzgerald, Hassard, Jaspers, Koskan, Madden, Pederson (Gordon), Rost, and Wick and Senators Whiting, Johnson (William), Kleven, and Symens

     FOR AN ACT ENTITLED, An Act   to prohibit the possession of certain articles in a jail or juvenile detention facility, to prohibit the delivery of certain articles to a jail or juvenile detention facility, and to provide a penalty therefor.

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

     HB 1150   Introduced by:  Representatives Schrempp, Cerny, Chicoine, Fischer-Clemens, Hagen, Lee, and Waltman and Senators Lange, Dennert, Dunn (Rebecca), Hutmacher, Kloucek, Lawler, Olson, Reedy, Symens, and Valandra

     FOR AN ACT ENTITLED, An Act   to exempt transportation services, veterinarian services, and animal specialty services from sales and use tax.

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

     HB 1151   Introduced by:  Representative Kredit and Senator Shoener

     FOR AN ACT ENTITLED, An Act   to provide for notification and hearing when motor vehicle franchise agreements are modified or replaced.

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

     HB 1152   Introduced by:  Representatives Kredit and Barker and Senators Shoener, Hutmacher, and Munson (David)

     FOR AN ACT ENTITLED, An Act   to allow truck tractors to be sold at a temporary special events lot.

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

     HB 1153   Introduced by:  Representative Kredit and Senator Shoener

     FOR AN ACT ENTITLED, An Act   to provide for the succession to a vehicle dealership by a legal heir or devisee.

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

     HB 1154   Introduced by:  Representatives Kredit and Koskan and Senators Staggers and Hutmacher

     FOR AN ACT ENTITLED, An Act   to revise the maximum allowable length of certain automobile and boat transporters.

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

     HB 1155   Introduced by:  Representatives Barker, Apa, Hagen, and Schrempp and Senators Munson (David), Drake, Everist, Hainje, Johnson (William), Kloucek, and Staggers

     FOR AN ACT ENTITLED, An Act   to exempt certain purchases of communications and computer technologies and equipment from bidding requirements.

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

     HB 1156   Introduced by:  Representatives Monroe, Fiegen, Koskan, Napoli, Van Gerpen, and Windhorst and Senators Hutmacher, Drake, Lawler, and Rounds

     FOR AN ACT ENTITLED, An Act   to repeal the recording of certain licenses at the register of deeds office and to require the licenses and renewal certificates to be displayed.

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

     HB 1157   Introduced by:  Representatives Crisp, Barker, Pummel, and Schaunaman and Senators Aker, Ham, Hutmacher, Olson, and Vitter

     FOR AN ACT ENTITLED, An Act   to allow aldermanic municipalities to set the term of office by ordinance.

     Was read the first time and referred to the Committee on Local Government.

     HB 1158   Introduced by:  Representatives Apa and Napoli and Senators Lange, Albers, and Shoener

     FOR AN ACT ENTITLED, An Act   to revise the requirements for issuing a property tax receipt.

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

     HB 1159   Introduced by:  Representatives Apa, Belatti, Brooks, Duniphan, Kooistra, Pummel, and Wetz and Senators Aker, Staggers, and Vitter

     FOR AN ACT ENTITLED, An Act   to limit the recovery of certain damages in cases involving noncompliance with financial liability laws of this state.

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

     HB 1160   Introduced by:  Representatives Schaunaman, Gabriel, Hagen, and Pederson (Gordon) and Senators Olson, Halverson, and Johnson (William)

     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the regulation of telecommunication companies.

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

     HB 1161   Introduced by:  Representatives Hunt, Apa, Belatti, Brooks, Cerny, Chicoine, Diedrich, Fitzgerald, Hassard, Jaspers, Kazmerzak, Koskan, Kredit, Lucas, Madden, Matthews, McNenny, Monroe, Pederson (Gordon), Pummel, Putnam, Roe, Rost, Schrempp, Smidt, Solum, Van Gerpen, Weber, Wetz, and Wick and Senators Lawler, Aker, Albers, Drake, Dunn (Jim), Dunn (Rebecca), Flowers, Frederick, Hainje, Halverson, Hutmacher, Johnson (William), Kleven, Kloucek, Lange, Reedy, Rounds, Staggers, Symens, and Vitter

     FOR AN ACT ENTITLED, An Act   to provide for the disposition of the remains of human fetuses.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1162   Introduced by:  Representatives Hunt, Belatti, Brooks, Brown (Jarvis), Cerny, Chicoine, Crisp, Diedrich, Fitzgerald, Hassard, Jaspers, Kazmerzak, Koskan, Kredit, Lucas,

Madden, Matthews, McNenny, Monroe, Pederson (Gordon), Pummel, Putnam, Roe, Rost, Schrempp, Smidt, Solum, Van Gerpen, Weber, Wetz, and Wick and Senators Lawler, Aker, Albers, Drake, Dunn (Jim), Dunn (Rebecca), Flowers, Frederick, Hainje, Halverson, Hutmacher, Johnson (William), Kleven, Kloucek, Lange, Reedy, Rounds, Staggers, Symens, and Vitter

     FOR AN ACT ENTITLED, An Act   to require the systematic reporting of information concerning abortions, informed consent, and parental notice.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1163   Introduced by:  Representatives McNenny, Duenwald, Jaspers, Koskan, Pummel, and Schrempp and Senators Benson and Kleven

     FOR AN ACT ENTITLED, An Act   to repeal the continuous appropriation of money in the Department of Game, Fish, and Parks Fund.

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

     HB 1164   Introduced by:  Representative Peterson (Bill)

     FOR AN ACT ENTITLED, An Act   to remove the responsibility of titling and registering motor vehicles from county officials.

     Was read the first time and referred to the Committee on Local Government.

     HB 1165   Introduced by:  Representatives Pummel, Barker, Duniphan, and Schaunaman and Senators Vitter, Hutmacher, and Olson

     FOR AN ACT ENTITLED, An Act   to adopt the current edition of the Uniform Building Code.

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

     HB 1166   Introduced by:  Representatives Cutler, Jorgensen, Peterson (Bill), and Schaunaman and Senators Whiting, Flowers, Munson (David), and Shoener

     FOR AN ACT ENTITLED, An Act   to revise the prohibition against certain alcoholic beverage manufacturers engaging in retail business.

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

     HB 1167   Introduced by:  Representatives de Hueck, Brown (Jarvis), Crisp, Diedrich, and Moore and Senator Daugaard


     FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning appeals from decisions of county boards of equalization and to declare an emergency.

     Was read the first time and referred to the Committee on Local Government.

     HB 1168   Introduced by:  Representatives de Hueck, Brown (Jarvis), Crisp, Diedrich, and Moore and Senator Daugaard

     FOR AN ACT ENTITLED, An Act   to clarify certain provisions concerning the right of a party to request a different hearing examiner in contested cases.

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

     HB 1169   Introduced by:  Representatives de Hueck, Crisp, Duxbury, and Gabriel and Senators Dunn (Jim), Halverson, Hunhoff, and Johnson (William)

     FOR AN ACT ENTITLED, An Act   to exclude all brand board employees from the career personnel management system.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1055:   FOR AN ACT ENTITLED, An Act   to revise the membership of the judicial conference.

     Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; de Hueck; 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; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg


     Nays were:
Monroe

     Excused were:
Chicoine; Collier; Derby; Putnam

     Absent and Not Voting were:
Richter

     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 1057:   FOR AN ACT ENTITLED, An Act   to revise the method of compiling the driver's license list for purposes of jury selection.

     Was read the second time.

     The question being "Shall HB 1057 pass?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; de Hueck; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; 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; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Gleason

     Excused were:
Chicoine; Collier; Derby; 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.

     HB 1058:   FOR AN ACT ENTITLED, An Act   to revise certain statutes relating to jury districts.

     Was read the second time.

     The question being "Shall HB 1058 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; de Hueck; 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; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Chicoine; Collier; Derby; 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.

     HB 1059:   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding residence and voting qualifications of magistrate judges.

     Was read the second time.

     The question being "Shall HB 1059 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Chicoine; Collier; Derby

     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 1060:   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding who may administer oaths.

     Was read the second time.

     The question being "Shall HB 1060 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Chicoine; Collier; Derby

     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 1061:   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding where proof or acknowledgment may be made before a magistrate.

     Was read the second time.

     The question being "Shall HB 1061 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Chicoine; Collier; Derby

     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 1062:   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding proof or acknowledgment of an instrument.

     Was read the second time.

     The question being "Shall HB 1062 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Chicoine; Collier; Derby

     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. Monroe requested that HB 1028 be removed from the Consent Calendar.


     Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1027:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the collection of child support.

     Was read the second time.

     Rep. Hunt moved that HB 1027 be deferred until Thursday, January 22, the 8th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1039:   FOR AN ACT ENTITLED, An Act   to repeal the prohibition against operating a motor vehicle with parking lights.

     Was read the second time.

     The question being "Shall HB 1039 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent and Not Voting 0

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

     Nays were:
Cerny; Hunt; Kazmerzak; Moore; Pederson (Gordon)

     Excused were:
Chicoine; Collier; Derby

     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 1018:   FOR AN ACT ENTITLED, An Act   to raise the minimum driving age.

     Was read the second time.

     Rep. Kooistra moved that HB 1018 be deferred until Monday, February 2, the 15th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1075:   FOR AN ACT ENTITLED, An Act   to authorize the towing of certain vehicles in combination by farm implement dealers under certain conditions.

     Was read the second time.

     The question being "Shall HB 1075 pass?"

     And the roll being called:

     Yeas 52, Nays 15, Excused 3, Absent and Not Voting 0

     Yeas were:
Barker; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst

     Nays were:
Apa; Belatti; Broderick; de Hueck; Duniphan; Eccarius; Fiegen; Hassard; Hunt; Konold; Pederson (Gordon); Richter; Rost; Wetz; Speaker Hagg

     Excused were:
Chicoine; Collier; Derby

     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 6:   FOR AN ACT ENTITLED, An Act   to specifically exempt lake sediment from certain state mineral lease provisions.

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


     SB 7:   FOR AN ACT ENTITLED, An Act   to revise certain provisions pertaining to the sale of small tracts of public land.

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

     SB 9:   FOR AN ACT ENTITLED, An Act   to repeal certain restrictions on agricultural leases of school and public lands.

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

     SB 10:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to the annual sale of state school and endowment lands.

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

     SB 37:   FOR AN ACT ENTITLED, An Act   to provide a penalty for failing to annually register as a sex offender.

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

     SB 40:   FOR AN ACT ENTITLED, An Act   to permit contractors to offer and provide design-build services.

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

     SB 42:   FOR AN ACT ENTITLED, An Act   to clarify the disposition of certain funds collected from inmates.

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

     SB 55:   FOR AN ACT ENTITLED, An Act   to revise certain real estate licensing application and examination procedures and to authorize the increase of license application fees.

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

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed, and at 2:45 p.m. the House adjourned.

KAREN GERDES, Chief Clerk