JOURNAL OF THE HOUSE
SEVENTY-THIRD  SESSION



TWENTY-FIFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 14, 1998

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

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House page Allison Hamiel.

     Roll Call: All members present except Reps. Belatti, Hunt, Putnam, Sokolow, and Weber 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 twenty-fourth 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


     Rep. Wetz   introduced Junior Miss Rodeo South Dakota and Buffalo Regional High School Rodeo Queen, Nicole Strand, Lemmon, SD.

COMMUNICATIONS AND PETITIONS



Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1007, 1008, 1020, 1021, 1042, 1049, 1053, 1054, 1055, 1056, 1057, 1058, 1060, 1061, 1062, 1064, 1136, 1139, 1141, and 1167, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 104, 132, 133, and 150 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 154 and returns the same with the recommendation that said bill be amended as follows:

r-154

     On page 5 , line 15 of the printed bill , after " 57A-8-103. " insert " In this chapter: " .

R-154t

     On page 1 , line 2 of the printed bill , after " securities " insert " , including substantive amendments to Article 9 of the Uniform Commercial Code " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 54 and returns the same with the recommendation that said bill be amended as follows:

r-54

     On page 1 , delete the underscored material on lines 7 and 8 of the printed bill .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill be amended as follows:

r-96b

     On page 1 , line 10 of the printed bill , overstrike " Class 6 felony " and insert " Class 1 misdemeanor " .

     And that as so amended said bill do pass.

Respectfully submitted,
Rex Hagg, Vice-Chair

Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration SB 140, 171, and 67 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration SCR 4 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration SCR 3 which was deferred to the 36th legislative day.


Respectfully submitted,
John Koskan, Chair
Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 115 and 179 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SJR 2 and returns the same with the recommendation that said resolution be amended as follows:

o-j2

     Delete all Senate amendments, thus returning the resolution to its original printed form.

     On page 3 , line 8 of the printed resolution , overstrike " therefrom " .

     On page 3 , line 9 , after " act " insert " or where required under the Enabling Act " .

     On page 3 , line 12 , overstrike " The " and insert " Except as otherwise required by the Enabling Act, the " .

     On page 3 , line 12 , after " educational " insert " and charitable " .

     On page 3 , line 17 , after " educational " insert " and charitable " .

     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 SB 210 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations with a Do Pass Recommendation.


Respectfully submitted,
Larry Gabriel, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HCR 1008 and 1010 in which the Senate has concurred.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1101 and 1112 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1050, 1088, 1102, 1108, 1120, 1126, 1131, 1155, 1166, 1232, 1235, 1249, 1277, and HJR 1002 which have passed the Senate without change.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Gabriel moved that SB 210 be referred from the Committee on State Affairs to the Committee on Appropriations.

     Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Judiciary on SB 37 as found on page 641 of the House Journal; also

     Judiciary on SB 197 as found on page 641 of the House Journal; also

     Health and Human Services on SB 26 as found on pages 641 and 642 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 64:   FOR AN ACT ENTITLED, An Act   to revise the definition of real estate broker.

     Was read the second time.

     The question being "Shall SB 64 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

     SB 112:   FOR AN ACT ENTITLED, An Act   to change the number of days of notice that must be given to the county commissioners for special sessions.

     Was read the second time.

     The question being "Shall SB 112 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

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

     Was read the second time.

     The question being "Shall SB 10 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

     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 SB 14 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 15:   FOR AN ACT ENTITLED, An Act   to revise the restrictions on donation of leave by state employees.

     Was read the second time.

     The question being "Shall SB 15 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Windhorst

    Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

     SB 17:   FOR AN ACT ENTITLED, An Act   to provide for a procedure for transferring certain funds from the pooled income account of the investment council to the permanent school fund.

     Was read the second time.

     The question being "Shall SB 17 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

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

     Was read the second time.

     The question being "Shall SB 6 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

     Rep. Gabriel requested that SB 7 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 8:   FOR AN ACT ENTITLED, An Act   to revise the procedure for the renewal of certain school and public lands leases.

     Was read the second time.

     The question being "Shall SB 8 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

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

     Was read the second time.

     The question being "Shall SB 9 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

     SB 198:   FOR AN ACT ENTITLED, An Act   to provide for the establishment of certain rights and privileges with regard to mediation proceedings.

     Was read the second time.

     The question being "Shall SB 198 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

     SB 25:   FOR AN ACT ENTITLED, An Act   to codify the legislation passed in 1997.

     Was read the second time.

     The question being "Shall SB 25 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

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

     Was read the second time.

     The question being "Shall SB 42 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

     SB 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 second time.

     The question being "Shall SB 18 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Koetzle; Lucas; Moore

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

     SB 27:   FOR AN ACT ENTITLED, An Act   to repeal certain provisions regarding medication aides.

     Was read the second time.

     The question being "Shall SB 27 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

     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.


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Gabriel moved that SB 76, 73, 72, 60, and 12 be placed to follow SB 130 on today's calendar.

     Which motion prevailed and the bills were so placed.

     SB 57:   FOR AN ACT ENTITLED, An Act   to revise certain restrictions of activities of real estate licensees.

     Was read the second time.

     The question being "Shall SB 57 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; 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; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Johnson (Doug); Koskan

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

     Absent and Not Voting were:
Roe

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

     SB 3:   FOR AN ACT ENTITLED, An Act   to clarify the employment status of certain election workers.

     Was read the second time.

     The question being "Shall SB 3 pass?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Collier; Koetzle

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

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

     Was read the second time.

     The question being "Shall SB 130 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 5, Excused 5, Absent and Not Voting 0

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

     Nays were:
Apa; Duenwald; Johnson (Doug); Koskan; Monroe

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

     SB 76:   FOR AN ACT ENTITLED, An Act   to establish the last Friday in April as Arbor Day.

     Was read the second time.

     The question being "Shall SB 76 pass?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 5, Absent and Not Voting 0

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

     Nays were:
Fiegen; Hassard

     Excused were:
Belatti; Hunt; Putnam; Sokolow; Weber

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

     SB 73:   FOR AN ACT ENTITLED, An Act   to provide for the challenging of nonresidents attempting to vote in municipal or school elections.

     Was read the second time.

     Rep. Cutler moved that SB 73 be deferred until Tuesday, February 17th, the 26th legislative day.

     Which motion prevailed and the bill was so deferred.


     SB 72:   FOR AN ACT ENTITLED, An Act   to establish certain continuing education requirements for veterinary technicians.

     Was read the second time.

     Rep. Pederson (Gordon) moved that SB 72 be deferred until Tuesday, February 17, the 26th legislative day.

     Which motion prevailed and the bill was so deferred.

     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 second time.

     Rep. Rost moved that SB 60 be deferred until Tuesday, February 17th, the 26th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 12:   FOR AN ACT ENTITLED, An Act   to establish a uniform procedure for creating certain special districts and electing the first board of trustees.

     Was read the second time.

     Rep. Gabriel moved that SB 12 be deferred until Tuesday, February 17th, the 26th legislative day.

     Which motion prevailed and the bill was so deferred.

     Rep. Gabriel moved that SB 116, 30, 31, 62, 157, 2, 70, 84, 143, 149, 24, 103, 111, 238, 32, 36, 38, 41, and 88 be deferred until Tuesday, February 17th, the 26th legislative day.

     Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1050, 1088, 1102, 1108, 1120, 1126, 1131, 1155, 1166, 1232, 1235, 1249, 1277, and HJR 1002 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1050: FOR AN ACT ENTITLED, An Act  to revise certain provisions pertaining to the taxation of telecommunications property.

     HB 1088: FOR AN ACT ENTITLED, An Act  to increase the checkoff on sunflowers, safflowers, and canola.

     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.

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

     HB 1120: FOR AN ACT ENTITLED, An Act  to provide for a graduated licensing system.

     HB 1126: FOR AN ACT ENTITLED, An Act  to exempt employer plans with one employee from small business group health insurance regulations.

     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.

     HB 1155: FOR AN ACT ENTITLED, An Act  to exempt certain purchases and leases of communications and computer technologies and equipment from bidding requirements.

     HB 1166: FOR AN ACT ENTITLED, An Act  to revise the prohibition against certain alcoholic beverage manufacturers engaging in retail business.

     HB 1232: FOR AN ACT ENTITLED, An Act  to provide for confidentiality for trade secrets or commercial or financial information provided to municipalities.

     HB 1235: FOR AN ACT ENTITLED, An Act  to clarify when rural electric cooperative members may vote by mail.

     HB 1249: FOR AN ACT ENTITLED, An Act  revise certain provisions regarding credit life and credit health insurance.

     HB 1277: FOR AN ACT ENTITLED, An Act  to mandate control of weeds and pests on property owned or managed by state government agencies.

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

     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.

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

     SB 59: FOR AN ACT ENTITLED, An Act  to revise certain exemptions to real estate licensing requirements.

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

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

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

     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.

     SB 71: FOR AN ACT ENTITLED, An Act  to revise certain dates pertaining to references to the Internal Revenue Code.

     SB 101: FOR AN ACT ENTITLED, An Act  to repeal the requirement to provide certain guardrails on county and township bridges.

     SB 123: FOR AN ACT ENTITLED, An Act  to establish uniform charges against certain property to pay for the cost of publication.

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


     And signed the same in the presence of the House.

     Rep. Crisp moved that the House do now adjourn, which motion prevailed, and at 2:08 p.m. the House adjourned.
KAREN GERDES, Chief Clerk