House Journal 01/22/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

EIGHTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 22, 1998

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

     The prayer was offered by the Chaplain, Father Darrell Lamberty, followed by the Pledge of Allegiance led by House page Tasha Hofer.

     Roll Call: All members present except Rep. Collier 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 seventh 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.

HONORED GUESTS

Mr. Speaker introduced the Honorable Tim Johnson, United States Senator from South Dakota, who spoke briefly.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1088 and 1110 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1029 and returns the same with the recommendation that said bill be amended as follows:

t-1029b

On page 4 , line 16 of the printed bill , after " marmot, " insert " unbanded undomesticated " .

On page 5 , line 5 of the printed bill , overstrike " commonly known as " and insert " referring specifically to " .

On page 12 , line 10 , after " starling, " insert " unbanded undomesticated " .

On page 12 , line 16 , after " starling, " insert " unbanded undomesticated " .

On page 13 , line 7 , after " starling, " insert " unbanded undomesticated " .

On page 13 , line 11 , after " starling, " insert " unbanded undomesticated " .

On page 15 , line 10 , after " bird, " insert " unbanded undomesticated " .

And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1158 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 1080 and returns the same with the recommendation that said bill be amended as follows:

f-1080

On page 1 , line 8 of the printed bill , delete " sixteen " and insert " fourteen " .

On page 1 , line 10 , delete " twenty " and insert " eighteen " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1119 which was tabled.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1008 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Kay Jorgensen, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1042 and returns the same with the recommendation that said bill be amended as follows:

j-1042a

On page 1 , delete line 7 of the printed bill .

On page 1 , delete lines 13 to 16 , inclusive .

On page 2 , delete line 1 .

On page 2 , delete lines 10 to 17 , inclusive .

On page 3 , delete lines 3 and 4 .

On page 4 , delete lines 10 to 12 , inclusive , and insert:

" Section 7. If the application of an existing licensee is for an additional location, the application need only include the location and identity of the location manager, plus any changes from the existing license, or such other information the director may consider necessary. "

On page 3 , line 16 , after " days " insert " of receipt of any application. "

On page 3 , delete line 17 .

On page 4 , line 6 , delete " a hearing " insert " review " .

On page 4 , line 7 , delete everything after " findings. " .

On page 4 , delete lines 8 and 9 .

On page 4 , delete lines 10 to 12 , inclusive , and insert:

" Section 11. After procuring such license from the Division of Banking, the licensee may engage in the business of making loans and may contract for and receive interest charges and other fees at rates, amounts, and terms as agreed to by the parties which may be included in the principal balance of the loan and specified in the contract. "

On page 7 , delete lines 19 to 24 , inclusive , and insert:

" Section 29. Any licensee may advertise in any medium. No licensee may advertise any statement or representation, including rates, terms, or conditions for making or negotiating loans that is false, misleading, or deceptive, or that refers to the supervision of business by the state. "

On page 8 , delete line 1 .

J-1042

On page 9 , after line 17 of the printed bill , insert:

" Section 36. The provisions of this Act do not apply to any person selling goods or services and providing financing for such goods or services. "

j-1042c

On page 1 , after line 6 of the printed bill , insert:

(1A) "Commission," the State Banking Commission;

(1B) "Director," the director of the Division of Banking of the Department of Commerce and Regulation;

(1C) "Division," the Division of Banking; "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1049 and returns the same with the recommendation that said bill be amended as follows:

j-1049

On page 4 , line 22 of the printed bill , after " standards " delete " , " .

On page 4 , line 23 , delete " procedures, and fees " .

On page 4 , line 23 , after " practice " overstrike " , " .

On page 4 , line 23 , after " ~~for the~~ " insert " and establish procedures and fees for " .

j-1049a

On page 2 , line 10 of the printed bill , overstrike " no more than " .

On page 2 , line 11 , delete " six hundred hours " and insert " all " .

On page 2 , line 11 , overstrike " may " and insert " shall " .

On page 2 , line 11 , overstrike " prior " and insert " subsequent " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1045 and returns the same with the recommendation that said bill be amended as follows:

j-1045a

On page 2 , line 21 of the printed bill , delete " state or national " .

And that as so amended 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 1048 and returns the same with the recommendation that said bill be amended as follows:

j-1048

On page 2 , delete lines 8 to 11 of the printed bill , inclusive , and insert " and which includes " .

On page 2 , line 12 , delete " lifestyle and career development and " .

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

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1067 and returns the same with the recommendation that said bill be amended as follows:

r-1067

On page 2 , line 1 of the printed bill , after " student " insert " or some other person " .

And that as so amended said bill do pass.

Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 4, 13, 18, 26, 29, 31, 35, 52, 54, 60, 61, 62, 63, 65, 66, and 69 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

SCR 1: A CONCURRENT RESOLUTION, Supporting and encouraging negotiations concerning the mitigation of wildlife habitats on the Pick-Sloan reservoirs.

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

HCR 1005: A CONCURRENT RESOLUTION, Requesting the Congress of the United States to pass legislation providing election campaign finance reform.

Rep. Gabriel moved that HCR 1005 be referred to the Committee on State Affairs.

Which motion prevailed and the resolution was so referred.

     HCR 1006: A CONCURRENT RESOLUTION, Promoting increased public awareness and understanding in South Dakota concerning learning disabilities.

     Rep. Hunt moved that HCR 1006 as found on page 144 of the House Journal be adopted.

    The question being on the motion to adopt HCR 1006.

     And the roll being called:

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

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

Nays were:
Davis; Sokolow

Excused were:
Collier

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1026 as found on page 138 of the House Journal; also

     Transportation on HB 1081 as found on pages 140 and 141 of the House Journal; also

     Transportation on HB 1111 as found on page 141 of the House Journal; also

     State Affairs on HB 1083 as found on page 141 of the House Journal; also

     State Affairs on HJR 1002 as found on page 142 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1249 Introduced by: Representatives Lee, Crisp, Fischer-Clemens, Hagen, Kazmerzak, Schaunaman, Van Gerpen, and Weber and Senators Dennert and Drake

     FOR AN ACT ENTITLED, An Act revise certain provisions regarding credit life and credit health insurance.

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

     HB 1250 Introduced by: Representatives Smidt, Collier, Cutler, Duenwald, Konold, Pederson (Gordon), and Van Gerpen and Senators Brosz, Benson, Drake, and Reedy

     FOR AN ACT ENTITLED, An Act to revise the composition of the Board of Regents to include one faculty member.

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

HB 1251 Introduced by: Representatives Waltman, Cutler, Lockner, Roe, Schaunaman, Schrempp, and Sperry and Senators Lawler, Brown (Arnold), and Dennert

FOR AN ACT ENTITLED, An Act to provide a process for a manufacturer to place a lien on or dispose of a die, mold, form, or pattern.

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

     HB 1252 Introduced by: Representatives Fitzgerald, Belatti, Brooks, Collier, Duenwald, Matthews, Pederson (Gordon), Van Gerpen, Wetz, and Wick and Senators Lange, Brown (Arnold), Staggers, and Vitter

     FOR AN ACT ENTITLED, An Act to provide for the insertion of certain language in marriage licenses.

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

     HB 1253 Introduced by: Representatives Sokolow, Collier, and de Hueck and Senators Reedy and Flowers

     FOR AN ACT ENTITLED, An Act to require the testimony of any witness before any grand jury be recorded.

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

     HB 1254 Introduced by: Representative Richter and Senator Paisley

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to the sale of titled vehicles and to declare an emergency.

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

     HB 1255 Introduced by: Representatives Wetz, Brown (Jarvis), Duenwald, Jaspers, Koskan, Pummel, Solum, and Sperry and Senators Johnson (William), Drake, Kleven, and Vitter

     FOR AN ACT ENTITLED, An Act to revise the railroad tax credit.

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

HB 1256 Introduced by: Representatives Jaspers, Kooistra, Munson (Donald), Napoli, Wetz, and Wick and Senators Symens, Dennert, and Kleven

FOR AN ACT ENTITLED, An Act to require the successful completion of a driver education class prior to a person receiving a restricted minor's driving permit.

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

     HB 1257 Introduced by: Representatives Eccarius, Brown (Jarvis), Duenwald, Duniphan, Fitzgerald, Gabriel, Hagen, Madden, Peterson (Bill), Smidt, Van Gerpen, and Volesky and Senators Everist and Staggers

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to emergency commitment for drug or alcohol treatment.

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

     HB 1258 Introduced by: Representatives Eccarius, Davis, Fischer-Clemens, Peterson (Bill), and Richter and Senators Lawler, Albers, and Dunn (Jim)

     FOR AN ACT ENTITLED, An Act to allow adjustment training centers to check employees and prospective employees with the central registry.

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

     HB 1259 Introduced by: Representative Cutler and Senator Everist

     FOR AN ACT ENTITLED, An Act to provide for a penalty for failure to report certain information to the Department of Education and Cultural Affairs.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the taxation of manufactured housing as real property.

Was read the second time.

The question being "Shall HB 1051 pass as amended?"

And the roll being called:

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

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

Nays were:
de Hueck

Excused were:
Collier

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 1052: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the sale of a mobile home or manufactured homes by a dealer or a real estate salesperson or broker.

Was read the second time.

     The question being "Shall HB 1052 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); 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:
Jorgensen

Excused were:
Collier

Absent and Not Voting were:
Duenwald

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. de Hueck requested that HB 1025 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.

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

Rep. Hunt moved that HB 1027 be deferred until Monday, January 26th, the 10th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1034: FOR AN ACT ENTITLED, An Act to revise the rule-making authority of the Animal Industry Board, to provide for promulgation of certain rules with regard to chronic wasting disease in cervidae, and to declare an emergency.

Was read the second time.

     The question being "Shall HB 1034 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0

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

Excused were:
Collier

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

HB 1064: FOR AN ACT ENTITLED, An Act to revise certain statutes relating to the authority of the Supreme Court to provide for accounting systems for the accountability of fiduciary funds.

Was read the second time.

     The question being "Shall HB 1064 pass?"

     And the roll being called:

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

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

Excused were:
Collier

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 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the availability of circuit judges in county seats.

Was read the second time.

The question being "Shall HB 1071 pass?"

And the roll being called:

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

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

Nays were:
Cerny; Davis; Duenwald; Kooistra; Lockner; Monroe; Weber

Excused were:
Collier

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.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1043 and 1047 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Robert Roe, Chair

Rep. Roe moved that the House do now recess for the Joint Memorial Service, which motion prevailed and at 3:00 p.m., the House recessed.

RECESS

    Pursuant to the report of the Joint-Select Committee as found on page 37 of the House Journal, the House of Representatives and the Senate met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading the following Joint Memorial Resolution:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of seven former members of the South Dakota Legislature, namely: the Honorable Lloyd

Blomstrom, the Honorable Harvey M. Christensen, the Honorable William Charles "Charlie" Lacey, the Honorable Eugene R. Mahan, the Honorable Dorothy Nepstad, the Honorable Marvin Skie, and the Honorable Paul S. Tschetter; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Seventy-third Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Seventy-third Session of the Legislature of the State of South Dakota, now assembled this 22nd day of January, 1998, at Pierre, South Dakota.

The Joint Session was dissolved and the House reconvened at 3:35 p.m., Speaker Pro tempore Hunt now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HJR 1003 : A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to the length of the legislative session.

Was read the second time.

f-j1003a

Rep. Jorgensen moved that HJR 1003 be amended as follows:

On page 2 , line 6 of the printed resolution , overstrike " forty " and insert " thirty-seven " .

A roll call vote was requested and supported.

    The question now being on Rep. Jorgensen's motion to amend HJR 1003.

     And the roll being called:

     Yeas 20, Nays 49, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Cerny; Derby; Fiegen; Fischer-Clemens; Gabriel; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Lockner; Lucas; McNenny; Monroe; Napoli; Putnam; Waltman; Wetz; Wick

Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Davis; de Hueck; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fitzgerald; Gleason; Haley; Hunt; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Weber; Windhorst; Speaker Hagg

Excused 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 HJR1003 pass?"

     And the roll being called:

     Yeas 30, Nays 39, Excused 1, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Gary); Brown (Richard); Crisp; Cutler; de Hueck; Duenwald; Duniphan; Fitzgerald; Haley; Hunt; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Schaunaman; Sokolow; Sperry; Wetz; Wick; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Broderick; Brown (Jarvis); Cerny; Chicoine; Davis; Derby; Diedrich; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Lockner; Lucas; Monroe; Moore; Napoli; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Solum; Van Gerpen; Volesky; Waltman; Weber; Windhorst

Excused were:
Collier

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

     HB 1085: FOR AN ACT ENTITLED, An Act to allow emergency medical technicians to display flashing blue lights from their motor vehicles when responding to an emergency.

     Was read the second time.

x-1085

Rep. de Hueck moved that HB 1085 be amended as follows:

On page 2 , line 1 of the printed bill , after " member " insert " , or the emergency medical technician " .

Rep. Hagg requested that Joint Rule 5-17 be invoked on HB 1085.

Which request was supported and HB 1085 with Rep. de Hueck's pending motion to amend was deferred until January 26th, the 10th legislative day.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 4: FOR AN ACT ENTITLED, An Act to revise the requirements for providing voter registration lists.

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

SB 13: FOR AN ACT ENTITLED, An Act to revise the State Board of Elections' rule- making authority.

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

SB 18: FOR AN ACT ENTITLED, An Act to provide that any child placed in the Human Services Center is in the guardianship of the secretary of the Department of Human Services.

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

SB 26: FOR AN ACT ENTITLED, An Act to revise certain statutes regarding the operation and administration of crematories.

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

SB 29: FOR AN ACT ENTITLED, An Act to revise the circumstances under which a school district may charge a fee for school bus transportation services.

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

SB 31: FOR AN ACT ENTITLED, An Act to provide rule-making authority to the Department of Environment and Natural Resources to carry out the requirements of the federal Safe Drinking Water Act amendments of 1996.

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

SB 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the discharge of certain weapons at game while in or on a motor vehicle.

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

SB 52: FOR AN ACT ENTITLED, An Act to revise the powers and duties of the State Investment Council and the state investment officer with respect to the permanent school and other educational funds.

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

SB 54: FOR AN ACT ENTITLED, An Act to revise the definition of real estate salesperson.

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

SB 60: FOR AN ACT ENTITLED, An Act to revise the administrative rule process to reduce the number of document copies an agency must file when incorporating outside materials into administrative rules.

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

SB 61: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of fireworks.

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

SB 62: FOR AN ACT ENTITLED, An Act to establish the suspension periods for certain violations of traffic laws and for fraudulently using a driver license or nondriver identification card.

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

SB 63: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unprofessional conduct by real estate licensees.

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

SB 65: FOR AN ACT ENTITLED, An Act to revise the advertising restrictions for real estate licensees.

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

SB 66: FOR AN ACT ENTITLED, An Act to increase the number of days a notice of intent to revoke a driver's license may function as a temporary driver's license following an arrest involving a refusal to submit to chemical analysis.

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

SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the filing of contractor's excise tax returns and to declare an emergency.

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

There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 23rd, the 9th legislative day.

Which motion prevailed.

Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 4:54 p.m. the House adjourned.

KAREN GERDES, Chief Clerk