House Journal 01/29/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

THIRTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 29, 1998

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by House page Andrea Schneider.

     Roll Call: All members present except Reps. Barker, Jorgensen, and Rost 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 twelfth 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 Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1009 and 1010 and returns the same with the recommendation that said resolutions be adopted.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1008 and returns the same with the recommendation that said resolution be amended as follows:

t-c1008

On page 221 , line 6 of the House Journal , delete " , " .

On page 221 , line 17 , delete " : " and insert " ; and " .

On page 221 , after line 17 , insert:

WHEREAS, landowners will respond to voluntary, incentive-based conservation programs rather than additional regulatory burdens: "

On page 221 , line 21 , delete " . " and insert " ; and " .

On page 221 , after line 21 , insert:

BE IT FURTHER RESOLVED, that the Legislature encourages the development of voluntary, cooperative agreements by the United States Fish and Wildlife Service and the affected parties as a preferred alternative to listing. "

t-c1008a

On page 220 , line 27 of the House Journal , after " postpone " insert " indefinitely " .

On page 221 , line 20 , after " postpone " insert " indefinitely " .

And that as so amended said resolution be adopted.

Respectfully submitted,
Cheryl Madden, Vice- Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1070, 1136 and 1166 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 1135, 1165 and 1248 and returns the same with the recommendation that said bills 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 1229 and returns the same with the recommendation that said bill be amended as follows:

j-1229

On page 3 , after line 6 of the printed bill , insert:

Section 5. The provisions of this Act are effective January 1, 1999. "

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 1308 which was tabled.

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1050 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 1150 which was tabled.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1220, 1255 and 1274 which were deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill be amended as follows:

c-1090

On page 1 , line 5 of the printed bill , after " regent " insert " appointed after July 1, 1998 " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1106 and 1243 which were deferred to the 36th legislative day.

Respectfully submitted,
Richard “Dick” Brown, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1031 and finds the same correctly enrolled.

Respectfully submitted,
Rex Hagg, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 96, 116, 130, 148, 150, 154, 168, and 181 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1007 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1031 which has passed the Senate without change.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Yesterday, Rep. Brown (Richard) announced his intention to reconsider the vote by which HB 1084 was lost.

     Rep. Brown (Richard) moved to reconsider the vote by which HB 1084 was lost.

     The question being on Rep. Brown 's motion to reconsider the vote by which HB 1084 was lost.

     And the roll being called:

     Yeas 52, Nays 12, Excused 4, Absent and Not Voting 2

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Collier; Crisp; Cutler; de Hueck; Derby; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Koskan; Kredit; Lee; Lucas; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Speaker Hagg

Nays were:
Apa; Chicoine; Davis; Diedrich; Kooistra; Lockner; Madden; Moore; Smidt; Weber; Wetz; Windhorst

Excused were:
Barker; Jorgensen; Pederson (Gordon); Rost

Absent and Not Voting were:
Duxbury; Wick

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1084 was up for reconsideration and final passage.

Rep. Brown (Richard) moved that HB 1084 be deferred until Monday, February 2nd, the 15th legislative day.

Which motion prevailed and the bill was so deferred.

HCR 1011 Introduced by: Representatives Volesky and Haley and Senators Flowers and Staggers

A CONCURRENT RESOLUTION, Supporting the Dakota, Minnesota & Eastern Railroad's renovation and expansion project.

WHEREAS, the Dakota, Minnesota & Eastern Railroad announced a $1.2 billion dollar renovation and expansion project; and

WHEREAS, the Dakota, Minnesota & Eastern Railroad will be renovating existing tracks to accommodate increased train speeds and expanding its rail system into the Powder River coal basin in Wyoming; and

WHEREAS, this renovation and expansion project will mean more jobs for South Dakota residents; and

WHEREAS, this renovation and expansion project will mean a better transportation system to get South Dakota grain products to market and will result in higher grain prices for the grain producers of the state:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- third Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature proclaims its support of the Dakota, Minnesota & Eastern Railroad's renovation and expansion project.

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

Rep. Brooks moved that HB 1223 be referred from the Committee on State Affairs to the Committee on Agriculture and Natural Resources.

Which motion prevailed and the bill was so referred.

Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 30th, the 14th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Appropriations on HB 1020 as found on page 270 of the House Journal; also

     Judiciary on HB 1093 as found on pages 270 and 271 of the House Journal; also

     State Affairs on HB 1212 as found on pages 271 and 272 of the House Journal; also

     State Affairs on HB 1226 as found on page 272 of the House Journal; also

     Transportation on HB 1254 as found on page 273 of the House Journal; also

     Transportation on HB 1309 as found on pages 273 and 274 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1139: FOR AN ACT ENTITLED, An Act to revise the procedures for conducting an auction sale of new merchandise.

Was read the second time.

     The question being "Shall HB 1139 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 5, Absent and Not Voting 1

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

Excused were:
Barker; Jaspers; Jorgensen; Pederson (Gordon); Rost

Absent and Not Voting were:
Koskan

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. Collier requested that HB 1204 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 1067: FOR AN ACT ENTITLED, An Act to clarify that certain communications between school psychologists and students are privileged.

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

Rep. Kredit moved that HB 1067 be placed to follow HB 1108 on today's calendar.

Which motion prevailed and the bill was so placed.

HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the types, procedures and qualifications for issuance, eligibility, privileges, and fees of certain hunting and fishing licenses issued by the Department of Game, Fish and Parks.

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

o-1029a

Rep. Gabriel moved that HB 1029 be amended as follows:

On page 5 , delete lines 23 and 24 of the House Agriculture & Natural Resources committee engrossed bill , and insert:

" Section 5. That § 41-2-34.1 be amended to read as follows:

41-2-34.1. All revenue received from the sale of the wildlife habitat stamp provided for in § § 41-6-16 and 41-6-17 shall be deposited in the game, fish and parks fund and shall be used for the purpose of restoring the state pheasant and wildlife population. An amount equal to thirty-five percent of the resident small game license revenue shall be used for the purpose of restoring the state pheasant and wildlife population. Any land purchased with such funds ~~collected pursuant to this section~~ shall be identified as game production areas. Any such purchase shall be from a willing seller and shall be approved by the Governor. No acquisition

of land made pursuant to this section may be accomplished through the state's power of eminent domain. "

On page 6 , delete lines 1 to 6 , inclusive .

Which motion prevailed and HB 1029 was so amended.

t-1029g

Rep. Roe moved that HB 1029 be further amended as follows:

On page 6 , line 21 of the House Agriculture & Natural Resources committee engrossed bill , delete " (12) " .

On page 6 , line 21 , overstrike " Nonresident shooting preserve license; " .

On page 7 , line 22 , delete " ; " .

On page 7 , line 22 , after " licenses " insert " ; " .

On page 15 , line 5 , overstrike " nonresident shooting preserve license " .

On page 15 , line 5 , delete " or a " .

On page 15 , overstrike lines 6 and 7 .

    A roll call vote was requested and supported.

     The question being on Rep. Roe's motion to amend HB 1029.

     And the roll being called:

     Yeas 37, Nays 29, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Collier; Cutler; Davis; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Peterson (Bill); Richter; Roe; Schaunaman; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wick; Windhorst; Speaker Hagg

Nays were:
Belatti; Chicoine; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Gabriel; Hassard; Hunt; Johnson (Doug); Kazmerzak; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Schrempp; Sokolow; Weber; Wetz

Excused were:
Barker; Jaspers; Jorgensen; Rost

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.

     The question now being "Shall HB 1029 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 18, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; Monroe; Munson (Donald); Pummel; Richter; Roe; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Belatti; Brown (Gary); Collier; de Hueck; Diedrich; Hassard; Johnson (Doug); Kazmerzak; Konold; Koskan; Madden; McNenny; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Sokolow

Excused were:
Barker; Jaspers; Jorgensen; Rost; Windhorst

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

HB 1115: FOR AN ACT ENTITLED, An Act to allow school districts to sell real property by using a real estate agent.

Was read the second time.

j-1115f

Rep. Napoli moved that HB 1115 be amended as follows:

On page 1 , line 8 of the printed bill , delete " agent " .

On page 1 , line 9 , after " services, " insert " auction services, " .

On page 2 , line 1 , before " by " insert " at public auction or " .

On page 2 , line 1 , delete " agents " and insert " brokers " .

On page 2 , line 4 , after " property " insert " by public auction or " .

On page 2 , line 4 , delete " agent " and insert " broker " .

Which motion prevailed and HB 1115 was so amended.

     The question being "Shall HB 1115 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; 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; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
de Hueck; Hassard

Excused were:
Barker; Jorgensen; Rost

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. Napoli moved that the title to HB 1115 be amended as follows:

On page 1 , line 1 of the printed bill , after " property " insert " by public auction or " .

On page 1 , line 2 , delete " agent " and insert " broker " .

Which motion prevailed and the title was so amended.

HB 1245: FOR AN ACT ENTITLED, An Act to allow an owner-occupant of a manufactured or mobile home to be eligible for an owner-occupied dwelling classification if the

owner-occupant fails to list the home with the director of equalization by the required date or within the specified time frame.

Was read the second time.

     The question being "Shall HB 1245 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duenwald; 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; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Barker; de Hueck; Jorgensen; Rost

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 1131: FOR AN ACT ENTITLED, An Act to exempt locksmiths and locksmith shops from the contractor's excise tax and to make them subject to sales and use tax.

Was read the second time.

     The question being "Shall HB 1131 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 4, Absent and Not Voting 0

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

Nays were:
Gleason; Kazmerzak; Windhorst

Excused were:
Barker; de Hueck; Jorgensen; Rost

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 1209: FOR AN ACT ENTITLED, An Act to require the training and certification of 911 telecommunicators, to increase certain liquidated costs, and to appropriate that increase for such training and certification.

Was read the second time.

     The question being "Shall HB 1209 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 17, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schrempp; Smidt; Solum; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Cerny; Davis; Duenwald; Duxbury; Fitzgerald; Gleason; Kazmerzak; Koetzle; Koskan; McNenny; Monroe; Moore; Napoli; Schaunaman; Sokolow; Sperry; Windhorst

Rep. Cutler now presiding.

HB 1021: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase a tract of land in Vermillion, Clay County, and to make an appropriation.

Was read the second time.

Rep. Putnam moved that HB 1021 be deferred until Friday, January 30th, the 14th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1102: FOR AN ACT ENTITLED, An Act to allow any person who is not the head of a family to claim an exemption in certain bankruptcy proceedings.

Was read the second time.

     The question being "Shall HB 1102 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent and Not Voting 0

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

Nays were:
Broderick

Excused were:
Barker; de Hueck; Johnson (Doug); Jorgensen; Peterson (Bill); Rost

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 1112: FOR AN ACT ENTITLED, An Act to provide for a statute of limitations in certain negligence actions against regional airports.

Was read the second time.

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Rep. Hagg moved that HB 1112 be amended as follows:

On page 1 , line 8 of the printed bill , after " . " insert " The provisions of chapter 3-21 do not apply to any regional airport authority. " .

Which motion prevailed and HB 1112 was so amended.

     The question being "Shall HB 1112 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 30, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hunt; Jaspers; Kooistra; Koskan; Matthews; Monroe; Moore; Napoli; Pummel; Richter; Roe; Solum; Volesky; Weber; Wick; Windhorst

Nays were:
Collier; Crisp; Davis; de Hueck; Derby; Fischer-Clemens; Hagen; Haley; Hassard; Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Munson (Donald); Pederson (Gordon); Putnam; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Wetz; Speaker Hagg

Excused were:
Barker; Johnson (Doug); Jorgensen; Peterson (Bill); Rost

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

Rep. Hunt announced his intention to reconsider the vote by which HB 1112 was lost.

HB 1087: FOR AN ACT ENTITLED, An Act to repeal a prohibition on certain municipalities regarding ownership and operation of medical clinics and to declare an emergency.

Was read the second time.

The question being "Shall HB 1087 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 5, Absent and Not Voting 1

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

Excused were:
Barker; Jorgensen; Lee; Rost; Van Gerpen

Absent and Not Voting were:
Duniphan

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.

Speaker Pro tempore Hunt now presiding.

HB 1108: FOR AN ACT ENTITLED, An Act to revise the supervision requirements of certified registered nurse anesthetists by physicians.

Was read the second time.

     The question being "Shall HB 1108 pass?"

     And the roll being called:

     Yeas 37, Nays 30, Excused 3, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Brown (Richard); Cerny; Collier; Davis; de Hueck; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Jaspers; Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; McNenny; Monroe; Moore; Napoli; Pummel; Putnam; Schrempp; Smidt; Sokolow; Solum; Van Gerpen; Volesky; Weber; Wetz; Speaker Hagg

Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Chicoine; Crisp; Cutler; Derby; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Johnson (Doug); Kooistra; Koskan; Madden; Matthews; Munson (Donald); Pederson (Gordon); Peterson (Bill); Richter; Roe; Schaunaman; Sperry; Waltman; Wick; Windhorst

Excused were:
Barker; Jorgensen; Rost

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. Cutler announced his intention to reconsider the vote by which HB 1108 was passed.

c-1067b

Rep. Kooistra moved that HB 1067 be amended as follows:

On page 1 , line 10 of the House Education committee engrossed bill , delete " or an " .

On page 1 , line 11 , delete " adult offering the communication or information " .

On page 1 , line 12 , delete " or the adult offering the " .

On page 1 , line 13 , delete " communication or information " .

On page 2 , line 2 , delete " person " and insert " persons " .

On page 2 , line 2 , overstrike " has " and insert " have " .

On page 2 , line 3 , after " health " insert " or the physical or mental health of other persons " .

Which motion prevailed and HB 1067 was so amended.

c-1067a

Rep. Monroe moved that HB 1067 be further amended as follows:

On page 1 , line 12 of the House Education committee engrossed bill , after " student " insert " if the student is at least fourteen years old, or the student's parent or guardian if the student is less than fourteen years old, " .

Which motion lost.

The question being "Shall HB 1067 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 9, Excused 7, Absent and Not Voting 0

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

Nays were:
Apa; Brown (Gary); Crisp; Cutler; Eccarius; Fiegen; Konold; Koskan; Wetz

Excused were:
Barker; de Hueck; Derby; Duenwald; Hassard; Jorgensen; Rost

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 Local Government respectfully reports that it has had under consideration HB 1082, 1117, and 1232 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 1141 and 1167 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1178 and returns the same with the recommendation that said bill be amended as follows:

f-1178

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That § 8-3-1.1 be amended to read as follows:

8-3-1.1. The board of supervisors of a township may, by ordinance, require a candidate for township office to file a nominating petition pursuant to § 8-3-1.2. If, however, a petition is filed by twelve freeholders of the township by January first requesting that nomination petitions be filed by all candidates for township office, then the Board of Supervisors shall, by ordinance, require nominating petitions to be filed pursuant to § 8-3-1.2.

Section 2. That chapter 8-3 be amended by adding thereto a NEW SECTION to read as follows:

If nominating petitions are required pursuant to § 8-3-1.1, then any voter qualified to vote in a township election may vote by absentee ballot as prescribed in chapter 12-19. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1235 and returns the same with the recommendation that said bill be amended as follows:

f-1235

On page 1 , line 12 of the printed bill , delete " § 41-21-45 " and insert " § 47-21-45 " .

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

Respectfully submitted,
J. P. Duniphan, Vice Chair

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 96: FOR AN ACT ENTITLED, An Act to prohibit assaults by any person held in a county or municipal jail or a juvenile detention facility.

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

SB 116: FOR AN ACT ENTITLED, An Act to authorize dealers of manufactured homes and mobile homes to operate certain auxiliary lots.

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

SB 130: FOR AN ACT ENTITLED, An Act to provide for the regulation of certain motor carriers.

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

SB 148: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to employee group insurance.

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

SB 150: FOR AN ACT ENTITLED, An Act to adopt and amend certain provisions of the Uniform Commercial Code relating to letters of credit.

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

SB 154: FOR AN ACT ENTITLED, An Act to adopt and amend certain provisions of the Uniform Commercial Code relating to investment securities.

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

SB 168: FOR AN ACT ENTITLED, An Act to allow organizations subject to the provisions of the insurance laws of this state to incorporate as a nonprofit organization.

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

SB 181: FOR AN ACT ENTITLED, An Act to revise the state auditor's authority to allow the restoration of a fund from which a loan is made.

Was read the first time and referred to the Committee on Government Operations & Audit.

Speaker Hagg now presiding.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1031: FOR AN ACT ENTITLED, An Act to exclude hours paid to patient employees under the control of the Department of Military and Veterans Affairs from the definition of full- time equivalent.

And signed the same in the presence of the House.

Rep. Sperry moved that the House do now adjourn, which motion prevailed, and at 4:50 p.m. the House adjourned.

KAREN GERDES, Chief Clerk