JOURNAL OF THE HOUSE

SEVENTY-FOURTH  SESSION



ELEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 26, 1999

     The House convened at 2:00 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 Paul Kazmerzak.

     Roll Call: All members present except Rep. Earley who was excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the tenth 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,
ROGER W. HUNT, Chair

     Which motion prevailed and the report was adopted.
     Speaker Pro tempore Eccarius now presiding.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill be amended as follows:
t-1014

     On page 3 , line 21 of the printed bill , delete everything after " agent " .

     On page 3 , delete lines 22 to 24 , inclusive .

     On page 3 , line 25 , delete everything before " . " and insert " who sells such livestock shall hold the proceeds of the sale, and selling agent is financially responsible for the proceeds, of such livestock until such time as the board orders the money with account of sale, released to the owner or to the South Dakota livestock ownership inspection and theft prevention fund is financially responsible for the proceeds of the sale and shall hold the proceeds until the board orders the money, along with account of sale, released to the livestock owner or to the South Dakota livestock ownership inspection fund " .

     And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1033 and 1079 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1076 and returns the same with the recommendation that said bill be amended as follows:

d-1076

     On page 1 , line 9 of the printed bill , delete " thirty-one " and insert " ten " .

     And that as so amended said bill do pass.


Respectfully submitted,
Mitch Richter, Chair
Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1098 and SB 67 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1127 which was deferred to the 41st legislative day.


Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1043 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1058 and returns the same with the recommendation that said bill be amended as follows:

j-1058

     On page 2 , line 23 of the printed bill , remove the overstrikes from " who hold " .

     On page 2 , line 24 , remove the overstrikes from " current permits to practice public accountancy " .

     On page 2 , line 24 , before " The " insert " The board may maintain a registry of the names and addresses of all other licensees. " .

     On page 3 , line 25 , overstrike " quality " and insert " peer " .

     On page 4 , delete lines 4 to 13 , inclusive , and insert:

"     (13)      Rules specifying procedures and fees for proctoring applicants of from another jurisdiction;

             (14)      Rules specifying the procedures and fees for initial issuance or renewal of an individual or firm permit pursuant to §   36-20A-18; and

             (15)      Rules governing the application and fees for a modification of a suspension or reissue of a certificate , license, or permit pursuant to §   36-20A-25;
             (16)    Rules governing the methods, eligibility, and requirements for applying for examination and reexamination pursuant to §  36-20A-8;

             (17)    Rules specifying procedures and fees for renewal of certificates and individual and firm permits not filed in a timely manner; "

     On page 5 , line 16 , overstrike " shall " .

     On page 5 , line 17 , overstrike " be in writing, " .

     On page 5 , line 17 , after " annually " overstrike " , " .

     On page 5 , line 19 , delete " rules " and insert " rule " .

     On page 5 , line 21 , delete " rules " and insert " rule " .

     On page 6 , line 1 , delete " rules " and insert " rule " .

     On page 6 , line 5 , delete " rules " and insert " rule " .

     On page 6 , line 13 , delete " rules " and insert " rule " .

     On page 6 , line 20 , delete " rules " and insert " rule " .

     On page 6 , line 25 , delete " if " and insert " in " .

     On page 7 , line 3 , delete " rules " and insert " rule " .

     On page 7 , line 9 , delete " rules " and insert " rule " .

     On page 7 , line 21 , delete " rules " and insert " rule " .

     On page 8 , line 15 , delete " rules " and insert " rule " .

     On page 8 , line 18 , delete " rules " and insert " rule " .

     On page 9 , line 8 , delete " rules " and insert " rule " .

     On page 9 , line 15 , delete " rules " and insert " rule " .

     On page 10 , line 18 , after " certificate " insert " , license, " .

     On page 10 , line 24 , delete " , license, " .

     On page 12 , line 11 , delete " rules " and insert " rule " .

     On page 13 , line 24 , delete " issued pursuant " .
     On page 13 , line 25 , delete " to §  36-20A-8, " .

     On page 14 , line 1 , delete " rules " and insert " rule " .

     On page 14 , line 1 , delete " promulgates " and insert " promulgated " .

     On page 14 , line 2 , delete " is an " and insert " in " .

     On page 14 , line 15 , delete " rules " and insert " rule " .

     On page 14 , line 20 , after " may " insert " not " .

     On page 16 , line 17 , delete " rules " and insert " rule " .

     On page 17 , line 1 , delete " rules " and insert " rule " .

     On page 17 , line 4 , delete " rules " and insert " rule " .

     On page 17 , line 11 , delete " and " and insert " any " .

     On page 17 , line 12 , after " year " insert " but in any event expiring on the renewal date as established by the board by rule promulgated pursuant to chapter 1-26 " .

     On page 17 , line 12 , delete " rules " and insert " rule " .

     On page 17 , line 12 , delete " promulgates " and insert " promulgated " .

     On page 17 , line 13 , delete " rules " and insert " rule " .

     On page 17 , line 14 , after " license " insert " after it has expired " .

     On page 17 , line 15 , delete " rules " and insert " rule " .

     On page 17 , line 19 , delete " rules " and insert " rule " .

     On page 17 , line 19 , delete " type " and insert " kinds and subjects " .

     On page 17 , line 23 , delete " of " and insert " or " .

     On page 17 , line 24 , delete " rules " and insert " rule " .

     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 1042 and returns the same with the recommendation that said bill be amended as follows:
j-1042

     On page 1 , line 9 of the printed bill , delete " or " and insert " , " .

     On page 1 , line 10 , after " employment " insert " , or for attendance at school " .

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


Also MR. SPEAKER:

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

j-1045

     On page 2 , line 1 of the printed bill , delete " has a fiduciary relationship with " and insert " is acting in a fiduciary capacity for " .

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


Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1069 which was deferred to the 41st legislative day.


Respectfully submitted,
Robert Roe, Chair
Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1081 and 1088 and SB 35 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 1085 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1072 and 1074 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill be amended as follows:

c-1084

     On page 1 , line 16 of the printed bill , delete " ninety " and insert " one hundred eighty " .

     On page 1 , line 16 , before " board " insert " school " .

     On page 2 , line 1 , delete " one extension " and insert " two extensions " .

     And that as so amended said bill do pass.

Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 1, 40, 41, 50, and 70 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary


MOTIONS AND RESOLUTIONS


     HCR 1002:   A CONCURRENT RESOLUTION,   Endorsing and supporting international freedom from persecution for religious beliefs.

     Rep. Hunt moved that HCR 1002 as found on pages 82 to 84 and amended on page 123 of the House Journal be adopted.

     The question being on Rep. Hunt's motion that HCR 1002 be adopted as amended.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Earley

     Absent and Not Voting were:
Cutler; Duenwald; McNenny; Weber

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 as amended was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Judiciary on HB 1025 as found on pages 168 and 169 of the House Journal; also

     Transportation on HB 1053 as found on pages 169 and 170 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1161   Introduced by:  Representatives Kazmerzak, Broderick, Kooistra, and Solum and Senators Moore and Flowers

       FOR AN ACT ENTITLED, An Act to   increase the amount of motor vehicle liability insurance or proof of financial responsibility the owner of a motor vehicle must maintain to cover certain property damages occurring in an accident.

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


     HB 1162   Introduced by:  Representatives Brown (Richard), Brooks, Eccarius, Monroe, and Peterson and Senators Brown (Arnold), Everist, Ham, and Vitter

       FOR AN ACT ENTITLED, An Act to   establish the A+ Schools Program in the fine arts, and to make an appropriation therefor.

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

     HB 1163   Introduced by:  Representatives Wetz and Klaudt and Senators Vitter and Bogue

       FOR AN ACT ENTITLED, An Act to   increase the maximum amount allowable for the brand renewal fee.

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

     HB 1164   Introduced by:  Representatives Wetz, Klaudt, McNenny, and Young and Senators Brown (Arnold), Benson, and Bogue

       FOR AN ACT ENTITLED, An Act to   permit the referral of emergency temporary zoning ordinances.

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

     HB 1165   Introduced by:  Representatives Wetz, Eccarius, Jaspers, Klaudt, McNenny, and Young and Senators Brown (Arnold), Benson, Bogue, and Vitter

       FOR AN ACT ENTITLED, An Act to   provide certain injunctive relief against unwarranted emergency zoning ordinances.

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

     HB 1166   Introduced by:  Representatives Brown (Richard), Broderick, Brooks, Brown (Jarvis), Clark, Crisp, Fischer-Clemens, Garnos, Haley, Jaspers, Klaudt, Kooistra, Lucas, McCoy, and Wetz and Senators Brown (Arnold), Dennert, Hutmacher, Olson, and Reedy

       FOR AN ACT ENTITLED, An Act to   revise the index factor for purposes of distributing state aid to education.

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

     HB 1167   Introduced by:  Representatives Brown (Richard), Brown (Jarvis), Lucas, and Solum and Senators Brown (Arnold), Lange, and Lawler


       FOR AN ACT ENTITLED, An Act to   increase the tax on cigarettes and other tobacco products.

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

     HB 1168   Introduced by:  Representatives Brown (Richard), Brown (Jarvis), Fischer- Clemens, Lucas, and Solum and Senators Brown (Arnold), Albers, Lange, Lawler, and Vitter

       FOR AN ACT ENTITLED, An Act to   allow counties and municipalities to regulate use, distribution, marketing, promotion, and sale of tobacco products.

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

     HB 1169   Introduced by:  Representatives Kooistra, Apa, Cerny, Crisp, Diedtrich (Elmer), Engbrecht, Pummel, Waltman, and Weber and Senators Olson and Brown (Arnold)

       FOR AN ACT ENTITLED, An Act to   increase the motor vehicle excise tax and to provide for its distribution.

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

     HB 1170   Introduced by:  Representatives Cutler, Koskan, McNenny, and Weber and Senators Paisley, Duxbury, Rounds, and Symens

       FOR AN ACT ENTITLED, An Act to   require the Division of Criminal Investigation to provide criminal history background checks in certain circumstances.

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

     HB 1171   Introduced by:  Representatives Cutler, Diedrich (Larry), and Fischer-Clemens and Senators Everist, Albers, Brown (Arnold), and Lawler

       FOR AN ACT ENTITLED, An Act to   require insurance companies to reimburse the services of licensed professional counselors -- mental health.

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

     HB 1172   Introduced by:  Representatives Slaughter, Diedrich (Larry), Duenwald, Engbrecht, McNenny, Smidt, and Weber and Senators Brown (Arnold) and Halverson

       FOR AN ACT ENTITLED, An Act to   authorize boards of county commissioners to hold certain meetings at locations outside of the county seat.


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

     HB 1173   Introduced by:  Representatives Napoli, Apa, Duenwald, Koskan, McNenny, Monroe, Putnam, and Wetz and Senators Moore, Bogue, Flowers, Kloucek, and Rounds

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the requirement for children to be in a child passenger restraint system.

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

     HB 1174   Introduced by:  Representatives Kazmerzak, Burg, Chicoine, Davis, Fryslie, Haley, Hanson, Lockner, Lucas, McIntyre, Munson (Donald), Patterson, Waltman, Weber, and Wilson and Senators Reedy, Flowers, Frederick, Kloucek, Lange, and Symens

       FOR AN ACT ENTITLED, An Act to   increase the excise tax on certain motor fuels and to deposit the increased revenue in the local government highway and bridge fund.

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

     HB 1175   Introduced by:  Representatives Kazmerzak, Apa, Burg, Chicoine, Duenwald, Haley, Hanson, McIntyre, Munson (Donald), Nachtigal, Patterson, Waltman, Weber, and Wilson and Senators Lange, Frederick, Lawler, Reedy, and Symens

       FOR AN ACT ENTITLED, An Act to   increase and revise license fees for certain noncommercial vehicles and to revise the distribution of such fees.

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

     HB 1176   Introduced by:  Representatives Apa, Diedrich (Larry), and Napoli and Senators Flowers, Lawler, and Staggers

       FOR AN ACT ENTITLED, An Act to   require the secretary of revenue to establish certain fees that a county treasurer may charge for mailing licence plates and stickers.

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

     HB 1177   Introduced by:  Representatives Fischer-Clemens, Brown (Jarvis), Duniphan, Garnos, Napoli, and Wilson and Senators Daugaard, Everist, Flowers, Hainje, and Moore

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Examiners of Psychologists to dismiss certain complaints.

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

     HB 1178   Introduced by:  Representatives Richter, Broderick, Brooks, Brown (Richard), Cerny, Chicoine, Davis, Duniphan, Fiegen, Fischer-Clemens, Haley, Koetzle, Konold, Lucas, McIntyre, Michels, Monroe, Munson (Donald), Nachtigal, Peterson, Putnam, Roe, Slaughter, Solum, Sutton (Daniel), Sutton (Duane), Wilson, and Windhorst and Senators Everist, Albers, Brown (Arnold), Dunn (Jim), Flowers, Hainje, Ham, Hutmacher, Madden, Moore, Munson (David), Olson, Paisley, Shoener, Staggers, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the state aid for special education funding formula.

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

     HB 1179   Introduced by:  The Committee on Appropriations

       FOR AN ACT ENTITLED, An Act to   appropriate money for the expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and departments, for support and maintenance of the educational, charitable, and penal institutions, the South Dakota Veterans' Home, for maintenance of the state capitol, and for support and maintenance of the state guard.

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

     HB 1180   Introduced by:  Representatives Wetz, Brown (Jarvis), Diedrich (Larry), Duenwald, Garnos, Jaspers, and Koskan and Senators Albers and Duxbury

       FOR AN ACT ENTITLED, An Act to   revise the penalty for certain assaults in jails and juvenile detention facilities.

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

     HB 1181   Introduced by:  Representative Brown (Jarvis) and Senator Whiting

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to small claims proceedings.

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

     HB 1182   Introduced by:  Representatives Munson (Donald), Apa, Patterson, and Weber and Senators Duxbury, Dennert, Flowers, Lange, Moore, Reedy, and Symens

       FOR AN ACT ENTITLED, An Act to   provide for the deposit of unclaimed property funds into the unclaimed property trust fund.

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

     HB 1183   Introduced by:  Representatives Solum and Broderick and Senators Munson (David), Lawler, and Shoener

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding consumer installment sales contracts.

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

     HJR 1002   Introduced by:  Representatives Waltman, Cerny, Crisp, Haley, Kazmerzak, Koetzle, Lintz, Lockner, Lucas, McIntyre, Nachtigal, and Weber and Senators Lange, Dennert, and Moore

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, imposing an individual and corporate income tax; exempting food, utilities, residential heating fuel, certain intrastate transportation services, collection and disposal of solid waste, and auction goods from sales and use taxes; providing property tax relief through the general fund levy of a school district; and increasing state aid to education.

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

     HJR 1003   Introduced by:  Representatives Hunt, Broderick, Brooks, Cutler, Derby, Duniphan, Fitzgerald, Koskan, McNenny, and Richter and Senators Halverson, Brosz, Daugaard, Lange, Lawler, and Madden

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

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 16:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding receipts and reimbursement for inmate transports to the penitentiary.

     Was read the second time.


     The question being "Shall SB 16 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Richter

     Excused were:
Earley

     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.

     Speaker Hunt now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1040:   FOR AN ACT ENTITLED, An Act to   repeal certain restrictions regarding the hunting of black bears, mountain lions, and wolves and to establish civil damages for the unlawful taking of mountain lions.

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

t-1040b

     Rep. McNenny moved that HB 1040 be amended as follows:

     On page 2 , line 5 of the House Agriculture and Natural Resources committee engrossed bill , after " lion " insert " . Nothing in this section or any other provision of law prevents any person from taking any action necessary to protect the personal safety of that person or any other person who is in immediate danger of harm from a mountain lion or other animal specified in this section " .
    A roll call vote was requested and supported.

     The question being on Rep. McNenny's motion that HB 1040 be amended.

     And the roll being called:

     Yeas 52, Nays 15, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Brooks; Brown (Jarvis); Cerny; Chicoine; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Koskan; Lintz; Lockner; McCoy; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Broderick; Brown (Richard); Burg; Crisp; Derby; Fiegen; Fischer-Clemens; Haley; Koetzle; Kooistra; Lucas; McIntyre; Roe; Sutton (Daniel); Wilson

     Excused were:
Clark; Earley

     Absent and Not Voting were:
Putnam

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1040 was so amended.

     The question being "Shall HB 1040 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Haley; Kooistra; Lucas


     Excused were:
Earley

     Absent and Not Voting were:
Putnam

     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 1003:   FOR AN ACT ENTITLED, An Act to   provide for the recovery of certain expenses in an action brought to court by any governmental subdivision relative to the assessment of property.

     Was read the second time.

     Rep. Apa moved that HB 1003 be amended as follows:

    On page 1, line 6, of the House Judiciary Committee Engrossed bill, delete "shall" and insert "may".

    On page 1, line 6, after "including" insert "reasonable".

    A roll call vote was requested and supported.

     The question being on Rep. Apa's motion that HB 1003 be amended.

     And the roll being called:

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

     Yeas were:
Apa; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Davis; Engbrecht; Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Konold; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Patterson; Roe; Sebert; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Nays were:
Broderick; Brooks; Cerny; Chicoine; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Jaspers; Juhnke; Klaudt; Koehn; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Slaughter; Smidt; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Earley

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

f-1003a

     Rep. Wilson moved that HB 1003 be amended as follows:

     On page 1 , line 6 of the House Judiciary committee engrossed bill , after " including " insert " reasonable " .

    A roll call vote was requested and supported.

     The question being on Rep. Wilson's motion that HB 1003 be amended.

     And the roll being called:

     Yeas 45, Nays 23, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Konold; Kooistra; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Richter; Roe; Sebert; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Speaker Hunt

     Nays were:
Brown (Jarvis); Cutler; Duenwald; Eccarius; Fiegen; Fryslie; Jaspers; Juhnke; Klaudt; Koskan; Lintz; McCoy; McNenny; Monroe; Napoli; Peterson; Pummel; Putnam; Slaughter; Smidt; Wetz; Wudel; Young

     Excused were:
Earley

     Absent and Not Voting were:
Koehn

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1003 was so amended.

     The question now being "Shall HB 1003 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Jaspers; Kazmerzak; Klaudt; Koehn; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Burg; Clark; Crisp; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Koetzle; Konold; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Patterson; Sebert; Solum; Waltman; Wilson

     Excused were:
Earley; Juhnke

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

     HB 1071:   FOR AN ACT ENTITLED, An Act to   revise the residency requirement for magistrate judges.

     Was read the second time.

     The question being "Shall HB 1071 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Jaspers

     Excused were:
Earley; Michels


     Absent and Not Voting were:
Diedrich (Larry)

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1:   FOR AN ACT ENTITLED, An Act to   revise the procedure for the valuation of real property.

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

     SB 40:   FOR AN ACT ENTITLED, An Act to   establish certain prohibitions on use of temporary thirty-day snowmobile and boat license permits and to provide for a penalty thereof.

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

     SB 41:   FOR AN ACT ENTITLED, An Act to   revise and repeal certain provisions requiring court appearances for violations of game, fish and parks statutes.

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

     SB 50:   FOR AN ACT ENTITLED, An Act to   establish standards for the advertisement, solicitation, and sale of life and health insurance.

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

     SB 70:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to fees and mileage for witnesses.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 17:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the notification of victims of crime.

     Was read the second time.


     The question being "Shall SB 17 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Earley

     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   allow an inmate to waive a noncompliance hearing with the Board of Pardons and Paroles.

     Was read the second time.

     The question being "Shall SB 18 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Earley

     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. Klaudt moved that the House do now adjourn, which motion prevailed, and at 3:20 p.m. the House adjourned.

KAREN GERDES, Chief Clerk