House Journal 02/06/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 6, 1998

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

     The prayer was offered by the Chaplain, Reverend Charles Walker, Deacon, followed by the Pledge of Allegiance led by House page Josh Lewis.

     Roll Call: All members present except Reps. Eccarius, Gabriel, Hagg, and Haley 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 eighteenth 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,

STEVE CUTLER, Acting Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1263 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 1281 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 16 of the printed bill , delete " real property, plant, or " .

On page 2 , line 1 , before " equipment " insert " adaptive " .

On the previous amendment, delete " adaptive " and insert " assistive technology " .

On page 2 , line 1 of the printed bill , delete " equipment " .

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 1104 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 11 of the printed bill , after " receive " insert " or accept " .

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

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1225 which was deferred to the 36th legislative day.

Respectfully submitted,
Richard “Dick” Brown, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1025 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 16 of the printed bill , delete " State hearing examiners and any " and insert " Any " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1105, 1230, 1264, and 1303 which were deferred to the 36th legislative day.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1173 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , remove the overstrikes from " ~~written~~ " .

On page 1 , line 7 , overstrike " of " and insert " in the form of a letter of agency from " .

On page 1 , line 7 , delete " in conformity with the " and insert " or confirmation by a third- party verification company. The third-party verification company shall meet each of the following criteria:

(1) Be independent of the telecommunications company that seeks to provide the consumer's new service;

(2) Not be directly managed, controlled, or directed, or owned wholly or in part, by the telecommunications company that seeks to provide the consumer's new service;

(3) Operate from facilities physically separate from those of the telecommunications company that seeks to provide the consumer's new service; and

(4) Not derive commissions or compensation based upon the number of sales confirmed.

The telecommunications company that seeks to provide the consumer's new service shall connect the consumer by telephone to the third-party verification company or shall arrange for the third-party verification company to call the consumer to confirm the change. The third-party verification company shall obtain the consumer's oral confirmation regarding the change and shall record that confirmation. The record shall include the information requested by the third- party verification company and the consumer's responses. The third-party verification company shall retain that record for twelve months. The record shall be available to the Public Utilities Commission and to the consumer at no cost. No information obtained from the consumer may be used for marketing purposes. If the telecommunications company or a third-party verification company acting on its behalf fails to comply with these third-party verification provisions, the Public Utilities Commission may revoke the telecommunication company's certificate of authority and may impose a civil fine of not less than two hundred dollars nor more than one thousand dollars for each offense. "

On page 1 , delete line 8 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1005 and returns the same with the recommendation that said resolution be amended as follows:

On page 143 , delete lines 18 to 30 of the House Journal , inclusive , and insert:

WHEREAS, expenditures for campaigns for federal candidates have been rising each election year; and

WHEREAS, in the 1996 elections, federal candidates accepted and solicited campaign donations from foreign nationals and foreign governments, which is in clear violation of current federal election law; and

WHEREAS, the continued abuse of federal campaign election laws tarnishes the idea of ethical fair government and helps fuel voter apathy; and

WHEREAS, the United States Supreme Court has ruled that political contributions represent a form of free speech and as such are guaranteed by the First Amendment of the United States Constitution; and

WHEREAS, the preservation of a United States citizen's right to criticize those who govern us and our governing institutions through political donations should not be infringed upon by any level of government; and

WHEREAS, the Congress should pass meaningful campaign finance reform to help restore voter confidence in our federal process:

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 Congress of the United States is urged to pass campaign election finance reform which should encompass the following principles:

(1) There should be full and prompt disclosure of any type of political donations made to an individual candidate, an individual's election committee, or the candidate's political action committee in such a time prior to the general election so that a voter will know who is supporting a particular candidate;

(2) Political contributions are and should remain constitutionally protected forms of free speech;

(3) No member of a union or stockholder or employee of a business should be forced to give compulsory contributions as part of their dues or paychecks without first providing annual detailed written permission; and

(4) Contributions from foreign governments and foreign nationals must be guarded against to ensure that current federal election laws are not violated; and

Be it further resolved, that the Attorney General and the Department of Justice and its investigatory organs aggressively and impartially investigate allegations that federal candidates violated election laws during the 1996 elections, such as receiving money from foreign governments or foreign nationals, and soliciting campaign contributions while on federal property; and

Be it further resolved, that the Federal Elections Commission should increase its efforts to ensure that all candidates comply with existing federal campaign election laws and aggressively prosecute any candidate who violates these laws. "

On page 144 , delete lines 1 to 15 , inclusive .

And that as so amended said resolution be adopted.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1008 and returns the same with the recommendation that said joint resolution be amended as follows:

On page 1 , line 15 of the printed resolution , overstrike " five cents for every mile of " and insert " mileage for " .

On page 2 , line 5 of the printed resolution , remove the overstrikes from " ~~1993~~ " .

On page 2 , line 5 , delete " 2001 " .

And that as so amended said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1192 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1180 and 1191 which were deferred to the 36th legislative day.

Respectfully submitted,
Gordon Pederson, Vice Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1285 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1299 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , delete everything after " chapter. " and insert " Any applicant granted a temporary permit shall practice as an athletic trainer only under the supervision or oversight of a licensed physician, a licensed physical therapist, or a licensed athletic trainer. "

On page 1 , line 8 , delete " practice as an athletic trainer. "

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

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1194, 1240 and 1302 which were deferred to the 36th legislative day.

Respectfully submitted,
Kristie Fiegen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1087 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1007, 1041, and 1042 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

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

Also MR. SPEAKER:

I have the honor to transmit herewith SB 200 and 223 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Yesterday, Rep. Fiegen announced her intention to reconsider the vote by which HB 1272 was lost.

     Rep. Fiegen moved to reconsider the vote by which HB 1272 was lost.

     The question being on Rep. Fiegen's motion to reconsider the vote by which HB 1272 was lost.

     And the roll being called:

     Yeas 39, Nays 26, Excused 4, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Hunt; Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Matthews; Munson (Donald); Peterson (Bill); Richter; Roe; Rost; Schaunaman; Smidt; Sperry; Volesky; Weber; Windhorst

Nays were:
Apa; Brown (Richard); Cerny; Chicoine; de Hueck; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Koetzle; Lucas; Madden; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Pummel; Putnam; Schrempp; Sokolow; Solum; Waltman; Wetz; Wick

Excused were:
Eccarius; Gabriel; Haley; Speaker Hagg

Absent and Not Voting were:
Van Gerpen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1272 was up for reconsideration and final passage.

Rep. Fiegen moved that HB 1272 be deferred until Tuesday, February 10th, the 21st legislative day.

Which motion prevailed and the bill was so deferred.

SCR 4: A CONCURRENT RESOLUTION, Requesting the United States Congress and certain federal agencies to require reflectors on interstate railroad cars.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on HB 1116 as found on page 396 of the House Journal; also

     Agriculture and Natural Resources on HB 1217 as found on pages 396 and 397 of the House Journal; also

     Commerce on HB 1153 as found on page 398 of the House Journal; also

     Commerce on HB 1221 as found on pages 399 to 402 of the House Journal; also

     Taxation on HB 1189 as found on pages 402 to 405 of the House Journal; also

     Local Government on HB 1268 as found on pages 405 and 406 of the House Journal; also

     Local Government on HB 1271 as found on page 406 of the House Journal; also

     Local Government on HB 1323 as found on page 406 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

     Rep. Volesky moved to place HB 1189 on the calendar of Monday, February 9th, the 20th legislative day.

     The question being on Rep. Volesky's motion to place HB 1189 on the calendar of Monday, February 9th, the 20th legislative day.

     And the roll being called:

     Yeas 54, Nays 12, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; de Hueck; Diedrich; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Napoli; Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Brown (Gary); Davis; Derby; Fiegen; Hassard; Madden; Moore; Munson (Donald); Pederson (Gordon); Richter; Sokolow; Solum

Excused were:
Eccarius; Gabriel; Haley; Speaker Hagg

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1189 was so placed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that HB 1137 be placed to precede HB 1157 on today's calendar.

Which motion prevailed and the bill was so placed.

Rep. Cutler moved that HB 1244 be placed to follow HB 1009 on today's calendar.

Which motion prevailed and the bill was so placed.

Rep. Cutler moved that HB 1206, 1174 and 1216 be deferred until Monday, February 9th, the 20th legislative day.

Which motion prevailed and the bills were so deferred.

HB 1137: FOR AN ACT ENTITLED, An Act to repeal the video lottery and to increase the sales and use tax.

Was read the second time.

Rep. Wick moved that HB 1137 be amended as follows:

On page 5 , delete lines 10 to 12 of the printed bill , inclusive , and insert:

" Section 14. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

There is imposed a tax of four percent upon the gross receipts from all sales of food, as defined by the Food Stamp Act of 1977 (P.L. 95-113), codified at 7 U.S.C. § 2012(g), as amended through January 1, 1998.

Section 15. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

Section 16. The rate of taxation imposed on the gross receipts pursuant to § § 10-45-2, 10- 45-5, 10-45-6, 10-45-6.1, 10-45-8, 10-45-70, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-57, and 10- 46-58 shall be reduced from five percent according to the following schedule:

(1) From July 1, 1999, to June 30, 2000, inclusive, four and ninety-three hundredths percent;

(2) From July 1, 2000, to June 30, 2001, inclusive, four and eighty-seven hundredths percent;

(3) From July 1, 2001, to June 30, 2002, inclusive, four and eighty hundredths percent;

(4) From July 1, 2002, to June 30, 2003, inclusive, four and seventy-three hundredths percent;

(5) From July 1, 2003, to June 30, 2004, inclusive, four and sixty-seven hundredths percent;

(6) From July 1, 2004, to June 30, 2005, inclusive, four and sixty hundredths percent;

(7) From July 1, 2005, to June 30, 2006, inclusive, four and fifty-three hundredths percent;

(8) From July 1, 2006, to June 30, 2007, inclusive, four and forty-seven hundredths percent;

(9) From July 1, 2007, to June 30, 2008, inclusive, four and forty hundredths percent;

(10) From July 1, 2008, to June 30, 2009, inclusive, four and thirty-three hundredths percent;

(11) From July 1, 2009, to June 30, 2010, inclusive, four and twenty-seven hundredths percent;

(12) From July 1, 2010, to June 30, 2011, inclusive, four and twenty hundredths percent;

(13) From July 1, 2011, to June 30, 2012, inclusive, four and thirteen hundredths percent;

(14) From July 1, 2012, to June 30, 2013, inclusive, four and seven hundredths percent;

(15) From July 1, 2013, and thereafter, four percent.

Section 17. The rate of taxation imposed on the gross receipts pursuant to § § 10-45-3, 10- 45-5, and 10-45-5.3 shall be reduced from four percent according to the following schedule:

(1) From July 1, 1999, to June 30, 2000, inclusive, three and ninety-three hundredths percent;

(2) From July 1, 2000, to June 30, 2001, inclusive, three and eighty-seven hundredths percent;

(3) From July 1, 2001, to June 30, 2002, inclusive, three and eighty hundredths percent;

(4) From July 1, 2002, to June 30, 2003, inclusive, three and seventy-three hundredths percent;

(5) From July 1, 2003, to June 30, 2004, inclusive, three and sixty-seven hundredths percent;

(6) From July 1, 2004, to June 30, 2005, inclusive, three and sixty hundredths percent;

(7) From July 1, 2005, to June 30, 2006, inclusive, three and fifty-three hundredths percent;

(8) From July 1, 2006, to June 30, 2007, inclusive, three and forty-seven hundredths percent;

(9) From July 1, 2007, to June 30, 2008, inclusive, three and forty hundredths percent;

(10) From July 1, 2008, to June 30, 2009, inclusive, three and thirty-three hundredths percent;

(11) From July 1, 2009, to June 30, 2010, inclusive, three and twenty-seven hundredths percent;

(12) From July 1, 2010, to June 30, 2011, inclusive, three and twenty hundredths percent;

(13) From July 1, 2011, to June 30, 2012, inclusive, three and thirteen hundredths percent;

(14) From July 1, 2012, to June 30, 2013, inclusive, three and seven hundredths percent;

(15) From July 1, 2013, and thereafter, three percent.

Section 18. If the amount of revenue received by the State of South Dakota from the tax imposed pursuant to chapters 10-45 and 10-46 does not increase by more than four percent or one percent over the rate of inflation whichever is greater from one fiscal year to the next fiscal year, the reduction in the rate of taxation listed in sections 16 and 17 of this Act shall be suspended for the following year and then the reduction in the rate of taxation shall be implemented again after the amount of revenue received by the state from the tax imposed pursuant to chapters 10-45 and 10-46 increases by more than three percent from one fiscal year to the next fiscal year. The rate of inflation shall be measured by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics, United States Department of Labor. "

Rep. Cutler moved that HB 1137 with pending amendment be deferred until Monday, February 9th, the 20th legislative day.

Which motion prevailed and the bill with pending amendment was so deferred.

HB 1157: FOR AN ACT ENTITLED, An Act to allow aldermanic municipalities to set the term of office by ordinance.

Was read the second time.

Rep. Crisp moved that HB 1157 be amended as follows:

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

" Section 1. That § 9-8-4 be amended to read as follows:

9-8-4. The common council shall consist of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality ~~, who shall hold office for two years and~~ . The term of office shall be for two years, unless a municipality adopts an ordinance establishing the term of office to be three, four, or five years. The mayor and alderman shall hold office until ~~their~~ successors are elected and qualified ~~; except that at~~ . At the first election of aldermen ~~one shall be elected for one year and one for two years~~ , the council shall stagger the initial terms of the alderman in each ward to provide that the two aldermen are not up for reelection in the same year. A person may hold office for more than one term . "

Which motion prevailed and HB 1157 was so amended.

     The question being "Shall HB 1157 pass as amended?"

     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; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; 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

Nays were:
Hassard

Excused were:
Eccarius; Gabriel; Haley; Speaker Hagg

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 1211: FOR AN ACT ENTITLED, An Act to allow for the revocation or suspension of law enforcement certification for conduct unbecoming an officer.

Was read the second time.

     The question being "Shall HB 1211 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; 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

Excused were:
Eccarius; Gabriel; Haley; Speaker Hagg

Absent and Not Voting were:
Duxbury

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 1082: FOR AN ACT ENTITLED, An Act to revise the permissible number of county commissioners.

Was read the second time.

     The question being "Shall HB 1082 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 25, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; de Hueck; Duenwald; Fitzgerald; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Roe; Rost; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Barker; Brown (Gary); Cerny; Cutler; Davis; Derby; Diedrich; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hunt; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Moore; Pederson (Gordon); Richter; Schaunaman; Sokolow; Volesky

HB 1195: FOR AN ACT ENTITLED, An Act to revise certain organizational and administrative procedures for consumers power districts.

Was read the second time.

     The question being "Shall HB 1195 pass as amended?"

     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; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; 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

Nays were:
Matthews

Excused were:
Eccarius; Gabriel; Haley; Speaker Hagg

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.

HB 1253: FOR AN ACT ENTITLED, An Act to require the testimony of any witness before any grand jury be recorded.

Was read the second time.

     The question being "Shall HB 1253 pass as amended?"

     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; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Moore

HB 1286: FOR AN ACT ENTITLED, An Act to provide the court with discretion, under limited circumstances, when ordering restitution to victims of certain crimes.

Was read the second time.

     The question being "Shall HB 1286 pass as amended?"

     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; Chicoine; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; 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

Nays were:
de Hueck

HB 1267: FOR AN ACT ENTITLED, An Act to provide for scholarships for certain persons receiving workers' compensation benefits.

Was read the second time.

     The question being "Shall HB 1267 pass as amended?"

     And the roll being called:

     Yeas 45, Nays 21, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Duxbury; Fischer-Clemens; Gleason; Hagen; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Koskan; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Munson (Donald); Peterson (Bill); Pummel; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Brown (Gary); Derby; Diedrich; Duenwald; Duniphan; Fiegen; Fitzgerald; Hassard; Hunt; Jorgensen; Konold; Kredit; Madden; McNenny; Napoli; Pederson (Gordon); Putnam; Richter; Roe; Rost; Van Gerpen

Rep. Roe now presiding.

HB 1313: FOR AN ACT ENTITLED, An Act to allow an owner, operator, or manager of a cemetery to apply for a disinterment permit.

Was read the second time.

     The question being "Shall HB 1313 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 32, Excused 4, Absent and Not Voting 3

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Duenwald; Duniphan; Fiegen; Fitzgerald; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Richter; Roe; Sperry; Van Gerpen; Wetz; Windhorst

Nays were:
Apa; Barker; Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duxbury; Fischer-Clemens; Gleason; Hagen; Kazmerzak; Kooistra; Kredit; Lockner; Moore; Munson (Donald); Pummel; Putnam; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Volesky; Waltman; Weber; Wick

Excused were:
Eccarius; Gabriel; Haley; Speaker Hagg

Absent and Not Voting were:
Koetzle; Lee; Lucas

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 1313 was lost.

HB 1009: FOR AN ACT ENTITLED, An Act to establish a coupon bounty program for coyotes.

Was read the second time.

Rep. Koskan moved that HB 1009 be amended as follows:

On page 2 , line 8 of the printed bill , overstrike " the state animal damage " .

On page 2 , line 9 , overstrike " control fund " and insert " funds available to the Department of Game, Fish and Parks " .

On page 5 , line 7 , delete " damage " .

On page 5 , line 7 , overstrike everything after " therefor " .

A roll call vote was requested and supported.

    The question being on Rep. Koskan's motion to amend HB 1009.

     And the roll being called:

     Yeas 19, Nays 44, Excused 5, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Broderick; Brown (Jarvis); Crisp; Duenwald; Fitzgerald; Jaspers; Johnson (Doug); Jorgensen; Koskan; Madden; McNenny; Monroe; Munson (Donald); Pummel; Schrempp; Weber; Wetz

Nays were:
Barker; Brooks; Brown (Gary); Brown (Richard); Cerny; Chicoine; Collier; Cutler; de Hueck; Derby; Diedrich; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hagen; Hassard; Hunt; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; Moore; Napoli; Peterson (Bill); Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wick; Windhorst

Excused were:
Duniphan; Eccarius; Gabriel; Haley; Speaker Hagg

Absent and Not Voting were:
Davis; Pederson (Gordon)

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

Rep. Sokolow moved the previous question.

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

     The question being on Rep. Sokolow's motion to move the previous question.

     And the roll being called:

     Yeas 36, Nays 28, Excused 5, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Diedrich; Duxbury; Fiegen; Fischer-Clemens; Gleason; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Madden; Moore; Pederson (Gordon); Rost; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber; Windhorst

Nays were:
Broderick; Brown (Richard); Cutler; de Hueck; Derby; Duenwald; Fitzgerald; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koskan; Lucas; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Volesky; Wetz; Wick

Excused were:
Duniphan; Eccarius; Gabriel; Haley; Speaker Hagg

Absent and Not Voting were:
Hagen

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 1009 pass?"

     And the roll being called:

     Yeas 29, Nays 35, Excused 5, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Cerny; Chicoine; Davis; Duenwald; Fischer-Clemens; Fitzgerald; Gleason; Hunt; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lockner; Madden; Monroe; Moore; Peterson (Bill); Putnam; Schrempp; Smidt; Sokolow; Solum; Sperry; Waltman; Weber

Nays were:
Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Collier; Crisp; Cutler; de Hueck; Derby; Diedrich; Duxbury; Fiegen; Hassard; Jaspers; Kazmerzak; Koetzle; Lee; Lucas; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Richter; Roe; Rost; Schaunaman; Van Gerpen; Volesky; Wetz; Wick; Windhorst

Excused were:
Duniphan; Eccarius; Gabriel; Haley; Speaker Hagg

Absent and Not Voting were:
Hagen

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

Rep. Koskan announced his intention to reconsider the vote by which HB 1009 was lost.

HB 1244: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of pharmacy.

Was read the second time.

Rep. Collier moved that HB 1244 be amended as follows:

On page 2 , after line 4 of the House Health and Human Services committee engrossed bill , insert:

" Section 2. Any pharmacist or pharmacy utilizing this statute as the basis for a refusal to act shall post a public notice in a clear and conspicuous place in or near the pharmacy listing all pharmaceutical products and prescription medications which said pharmacy or pharmacist refuses to provide to the public pursuant to a valid prescription. "

Rep. Hunt requested that Joint Rule 5-17 be invoked on HB 1244.

Which requested was supported and HB 1244 with Rep. Collier's pending motion to amend was deferred until Tuesday, February 10th, the 21st legislative day.

Speaker Pro tempore Hunt now presiding.

Rep. Cutler moved that HB 1262 be deferred until Tuesday, February 10th, the 21st legislative day.

Which motion prevailed and the bill was so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 200: FOR AN ACT ENTITLED, An Act to repeal the waiver of academic achievement tests for special education students.

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

SB 223: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance coverage for and after delivery of a baby.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 181 be deferred until Monday, February 9th, the 20th legislative day.

Which motion prevailed and the bill was so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1004, 1005, 1006, 1032, 1033, and 1078 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., February 6, 1998.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1030, 1038, 1039, 1044, 1047, 1048, 1075, 1081, 1087, 1156, and 1172 and finds the same correctly enrolled.

Respectfully submitted,
STEVE CUTLER, Acting Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1030: FOR AN ACT ENTITLED, An Act to revise and remove certain segments of the state trunk highway system.

     HB 1038: FOR AN ACT ENTITLED, An Act to repeal certain requirements regarding school bus stop arm signals.

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

     HB 1044: FOR AN ACT ENTITLED, An Act to define certain bank dividends.

     HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of marriage and family therapists.

     HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Board of Counselor Examiners and the regulation of counseling.

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

     HB 1081: FOR AN ACT ENTITLED, An Act to allow certain older motor vehicles with out-of-state titles to be sold at public auctions under certain conditions.

     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.

     HB 1156: 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.

     HB 1172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the filing of financing statements and continuation statements.

     SB 81: FOR AN ACT ENTITLED, An Act to define the roads shown on the map prepared by the county auditor.

     And signed the same in the presence of the House.

Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 3:00 p.m. the House adjourned.

KAREN GERDES, Chief Clerk