JOURNAL OF THE HOUSE

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SEVENTEENTH DAY

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STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 3, 1999

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

     The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of Allegiance led by House page Michael Pierson.

     Roll Call: All members present except Reps. Davis and Lockner who were excused.

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 sixteenth 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.

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     Rep. Richard Brown introduced Roger Fritz, Colman-Egan, School Superintendents Association; Barbara Littel, Edgemont, Business Officials Association; Janet Luce, Rapid City, Elementary School Principals Association; Bruce Jordan, Hill City, Secondary School Principals Association; Grace Christianson, Lennox, Supervision and Curriculum Development Association; and Judy Osburn, Rapid City, South Dakota Council of Administrators of Special Education; the 1997-1998 Outstanding School Administrators of South Dakota.

     Rep. Jarvis Brown introduced Rachel Meyers, 1999 South Dakota Snow Queen, from Highmore, South Dakota.

MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration SB 22 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 1135 and returns the same with the recommendation that 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 1130 and returns the same with the recommendation that said bill be amended as follows:

j-1130

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

"      Section  1.  That chapter 27A-10 be amended by adding thereto a NEW SECTION to read as follows:

     If any person presents to a facility licensed by the state as a hospital, other than the Human Services Center, and after an examination by a qualified mental health professional it is determined that the person is severely mentally ill and in such condition that immediate intervention is necessary to protect the person from physical harm to self or others, the qualified mental health professional may initiate a twenty-four hour hold on the person and retain the person at the hospital for purposes of observation and emergency treatment. The hospital or the

qualified mental health professional shall notify the chair of the county board of mental illness of the twenty-four hour hold. The qualified mental health professional shall petition for commitment of the person according to § §  27A-10-1 and 27A-10-4. The person shall be afforded rights according to §  27A-10-5. If a petition for emergency commitment pursuant to §  27A-10-1 is not filed within twenty-four hours, the person shall be released. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1136 and returns the same with the recommendation that said bill be amended as follows:

j-1136

     On page 1 , line 11 of the printed bill , after " inform " insert " , upon request, " .

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

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1259 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1199 and returns the same with the recommendation that said bill be amended as follows:

r-1199

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

"      Section 1. That § 35-9-1 be amended to read as follows:

     35-9-1.   It is a Class 1 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person under the age of eighteen years unless it is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age while in the home of such parent, guardian, or spouse or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.

     Section 2. That § 35-9-1.1 be amended to read as follows:

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     35-9-1.1.   It is a Class 2 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person who is eighteen years of age or older but less than twenty-one years of age unless it is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age while in the home of such parent, guardian, or spouse or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes. "

r-1199a

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

"      Section 1. That § 35-9-1 be amended to read as follows:

     35-9-1.   It is a Class 1 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person under the age of eighteen years unless it is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes :

             (2)    It is done by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes .

     Section 2. That § 35-9-1.1 be amended to read as follows:

     35-9-1.1.   It is a Class 2 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person who is eighteen years of age or older but less than twenty-one years of age unless it is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes :

             (2)    It is done by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes . "

r-1199t

     On page 1 , line 1 of the printed bill , delete " prohibit " and insert " restrict " .

     And that as so amended said bill do pass.

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Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 94 and returns the same with the recommendation that said bill be amended as follows:

r-94

     On page 2 , line 1 of the printed bill , after " image " insert " in the possession of the Department of Social Services " .

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

r-76

     On page 1 , line 10 of the printed bill , after " corporation " insert " , except as provided in §  51A-4-11, " .

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

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 114 which was tabled.

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1170 and 1187 which were deferred to the 41st legislative day.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1168 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1104 and returns the same with the recommendation that said bill be amended as follows:

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o-1104

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

"      Section 1. That chapter 7-7 be amended by adding thereto a NEW SECTION to read as follows:

     No person may hold any county office who is a defaulter to the county.

     Section 2. That chapter 7-7 be amended by adding thereto a NEW SECTION to read as follows:

     A defaulter is a person who is delinquent in paying the person's property taxes as defined in §  10-21-23. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has reconsidered HB 1132 and returns the same with the recommendation that said bill do not pass.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1182, 1185, and 1202 which were deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration SB 40 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1116 and returns the same with the recommendation that said bill be amended as follows:

f-1116a

     On page 1 , line 10 of the printed bill , delete " , is subject to " and insert " provided by law for such offense, shall be assessed " .

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     On page 2 , line 8 , delete " Any civil penalty collected pursuant to " .

     On page 2 , delete lines 9 and 10 .

F-1116tb

     On page 1 , line 1 of the printed bill , delete " to replace criminal " .

     On page 1 , line 2 , delete " penalties " .

     On page 1 , line 2 , delete " and to provide for the disposition of such civil " .

     On page 1 , line 3 , delete " penalties " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1193 and returns the same with the recommendation that said bill be amended as follows:

f-1193

     On page 1 , line 8 of the printed bill , delete " twenty-five " and insert " ten " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill be amended as follows:

o-66

     On page 1 , line 10 of the printed bill , delete everything after " standards " .

     On page 1 , line 11 , delete " was originally assembled, " .

     On page 1 , delete line 16 .

     On page 2 , delete lines 1 to 3 , inclusive .

     And that as so amended said bill do pass.

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Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1173 which was deferred to the 41st legislative day.

Respectfully submitted,
B. Michael Broderick, Jr., Chair

MR. SPEAKER:

    I have the honor to return herewith HB 1059 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 2, 49, 79, 106, 107, 115, and 150 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 33.

Respectfully,
PATRICIA ADAM, Secretary

     Yesterday, Rep. Cutler announced his intention to reconsider the vote by which HB 1106 was lost.

     Rep. Cutler moved to reconsider the vote by which HB 1106 was lost.

     The question being on Rep. Cutler's motion to reconsider the vote by which HB 1106 was lost.

     And the roll being called:

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     Yeas 40, Nays 27, Excused 3, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Clark; Cutler; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fitzgerald; Fryslie; Garnos; Jaspers; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Waltman; Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Apa; Brown (Richard); Burg; Cerny; Chicoine; Crisp; Derby; Diedrich (Larry); Fiegen; Fischer- Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Kooistra; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Roe; Sutton (Daniel); Volesky; Weber; Wilson

     Excused were:
Brown (Jarvis); Davis; Lockner

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1106 was up for reconsideration and final passage.

     Rep. Cutler moved that HB 1106 be deferred until Tuesday, February 9th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     HCR 1007   Introduced by:  Representatives Patterson, Diedrich (Larry), Diedtrich (Elmer), Fischer-Clemens, Hagen, Lucas, Nachtigal, Peterson, Wilson, Windhorst, and Wudel and Senators Flowers, Moore, and Munson (David)

A CONCURRENT RESOLUTION,  Requesting federal legislation that prohibits the federal     government from recouping any of the state tobacco settlement funds.

     WHEREAS,  South Dakota and forty-five other states settled their litigation against the tobacco industry on November 23, 1998; and

     WHEREAS,  states are presently in the midst of finalizing the settlement, carrying out the terms of the settlement agreement, and making initial fiscal determinations about how to most responsibly expend settlement funds; and

     WHEREAS,  the federal government has declined to bring its own lawsuit against the tobacco industry yet has notified states of its intention to recoup the federal match from funds states received through suits brought against tobacco manufacturers; and

     WHEREAS,  states, without the help of the federal government, have provided all of the leadership, taken all of the risks, and consumed significant resources in resolving these tobacco related suits:

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     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the United States Congress is urged to enact and the President is encouraged to sign legislation that explicitly prohibits the federal government from seizing or recouping any state tobacco settlement funds.

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

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

     Health and Human Services on HB 1009 as found on page 306 of the House Journal; also

     Health and Human Services on HB 1010 as found on page 307 of the House Journal; also

     Health and Human Services on HB 1011 as found on pages 307 and 308 of the House Journal; also

     Health and Human Services on HB 1012 as found on pages 308 and 309 of the House Journal; also

     Health and Human Services on HB 1013 as found on page 309 of the House Journal; also

     Judiciary on HB 1183 as found on page 310 of the House Journal; also

     Judiciary on HB 1186 as found on pages 310 and 311 of the House Journal; also

     Judiciary on HB 1217 as found on page 311 of the House Journal; also

     Commerce on HB 1056 as found on pages 312 and 313 of the House Journal; also

     Commerce on HB 1107 as found on page 313 of the House Journal; also

     Education on HB 1203 as found on page 314 of the House Journal; also

     Local Government on HB 1077 as found on pages 314 and 315 of the House Journal; also

     Local Government on HB 1096 as found on page 315 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

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     Rep. Fischer-Clemens requested that HB 1189 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1208:   FOR AN ACT ENTITLED, An Act to   provide for the termination of a spousal joint tenancy by an interested person.

     Was read the second time.

     The question being "Shall HB 1208 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; 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:
Brown (Jarvis); Davis; Lockner

     Absent and Not Voting were:
Brown (Richard); Koehn

     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. Wetz requested that SB 41 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 43:   FOR AN ACT ENTITLED, An Act to   remove certain licensing exemptions regarding money lenders and mortgage lenders.

     Was read the second time.

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     The question being "Shall SB 43 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 2, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; 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:
Davis; Lockner

     Absent and Not Voting were:
Brown (Richard); Koehn

     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 1015:   FOR AN ACT ENTITLED, An Act to   revise certain election procedures for the formation of certain special districts and the election of directors, managers, or trustees.

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

f-1015c

     Rep. Young moved that HB 1015 be amended as follows:

     On page 1 , delete line 16 of the House Local Government committee engrossed bill .

     On page 2 , delete lines 1 to 25 , inclusive .

     On page 3 , delete lines 1 to 10 , inclusive .

     On page 3 , remove the overstrikes from line 15 .

     On page 3 , line 16 , remove the overstrikes from " district " .

     On page 3 , remove the overstrikes from line 18 .

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     On page 3 , remove the overstrikes from lines 23 to 25 , inclusive .

     On page 4 , delete lines 4 to 25 , inclusive .

     On page 5 , delete lines 1 to 22 , inclusive .

     On page 6 , delete lines 5 to 20 , inclusive .

     On page 7 , delete lines 21 to 25 , inclusive .

     On page 8 , delete line 25 .

     Delete page 9 .

     Which motion prevailed and HB 1015 was so amended.

     Rep. Young moved that HB 1015 be deferred until Thursday, February 4th, the 18th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1137:   FOR AN ACT ENTITLED, An Act to   revise the definition of outdoor recreation purpose for political subdivisions.

     Was read the second time.

     The question being "Shall HB 1137 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 2, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; 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; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Haley; Koetzle

     Excused were:
Davis; Lockner

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     Absent and Not Voting were:
Richter; Wilson

     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 1065:   FOR AN ACT ENTITLED, An Act to   exempt certain transportation services from sales and use tax.

     Was read the second time.

     The question being "Shall HB 1065 pass?"

     And the roll being called:

     Yeas 28, Nays 38, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Brown (Jarvis); Burg; Chicoine; Crisp; Diedrich (Larry); Fischer-Clemens; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Lintz; Lucas; McCoy; McIntyre; Monroe; Nachtigal; Napoli; Patterson; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Nays were:
Broderick; Brooks; Brown (Richard); Clark; Cutler; Derby; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Konold; Kooistra; Koskan; McNenny; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Davis; Duenwald; Lockner

     Absent and Not Voting were:
Cerny

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

     Rep. Volesky announced his intention to reconsider the vote by which HB 1065 was lost.

     HB 1111:   FOR AN ACT ENTITLED, An Act to   repeal certain recycling requirements.

     Was read the second time.

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j-1111

     Rep. Napoli moved that HB 1111 be amended as follows:

     On page 7 , after line 16 of the printed bill , insert:

"     Section 14. The Legislature finds that solid waste source reduction, reuse, recycling, and composting is preferable to land disposal and in the best interests of the state and encourages counties and municipalities to achieve a statewide aggregate goal of a fifty percent reduction in the waste stream disposed of in landfills. "

     Which motion prevailed and HB 1111 was so amended.

     Rep. Jaspers moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1111 pass as amended?"

     And the roll being called:

     Yeas 45, Nays 22, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Brooks; Brown (Jarvis); Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fitzgerald; Fryslie; Garnos; Hagen; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Engbrecht; Fiegen; Fischer- Clemens; Hanson; Kazmerzak; Koetzle; Lucas; McIntyre; Patterson; Peterson; Roe; Volesky; Waltman; Weber; Wilson

     Excused were:
Davis; Lockner

     Absent and Not Voting were:
Haley

     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.

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     HB 1207:   FOR AN ACT ENTITLED, An Act to   increase the time period for which a driver's license is revoked for certain drug offenses.

     Was read the second time.

     The question being "Shall HB 1207 pass?"

     And the roll being called:

     Yeas 61, Nays 1, Excused 4, Absent and Not Voting 4

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hanson; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; 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; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Cerny

     Excused were:
Davis; Hennies; Koetzle; Lockner

     Absent and Not Voting were:
Diedtrich (Elmer); Hagen; Haley; Wilson

     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 1221:   FOR AN ACT ENTITLED, An Act to   require that certain persons having contact with pupils in school have a certification of health.

     Was read the second time.

     The question being "Shall HB 1221 pass?"

     And the roll being called:

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     Yeas 53, Nays 14, Excused 2, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lucas; McCoy; McIntyre; Michels; Nachtigal; Napoli; Patterson; Peterson; Pummel; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel

     Nays were:
Duniphan; Eccarius; Fiegen; Jaspers; Klaudt; Koskan; McNenny; Monroe; Munson (Donald); Putnam; Richter; Wetz; Young; Speaker Hunt

     Excused were:
Davis; Lockner

     Absent and Not Voting were:
Apa

     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 1158:   FOR AN ACT ENTITLED, An Act to   allow counties to participate in a simulated election.

     Was read the second time.

     The question being "Shall HB 1158 pass?"

     And the roll being called:

     Yeas 48, Nays 20, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Kooistra; Lintz; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Roe; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel

     Nays were:
Brooks; Clark; Cutler; Earley; Eccarius; Engbrecht; Koehn; Konold; Koskan; McNenny; Monroe; Napoli; Putnam; Richter; Sebert; Solum; Wetz; Windhorst; Young; Speaker Hunt

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     Excused were:
Davis; Lockner

     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 2:   FOR AN ACT ENTITLED, An Act to   provide for the recovery of certain expenses in an action brought by an appellant relative to the assessment, allocation, or distribution of centrally assessed property.

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

     SB 49:   FOR AN ACT ENTITLED, An Act to   repeal the subsequent injury fund.

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

     SB 79:   FOR AN ACT ENTITLED, An Act to   revise the liability for misdemeanor violations of certain provisions concerning the illegal sale or distribution of tobacco products.

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

     SB 106:   FOR AN ACT ENTITLED, An Act to   increase the penalty for failure to stop for an emergency vehicle.

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

     SB 107:   FOR AN ACT ENTITLED, An Act to   require the Corrections Commission to review any proposal to establish or increase mandatory minimum sentences.

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

     SB 115:   FOR AN ACT ENTITLED, An Act to   require a landowner to apply to the director of equalization and to request the use of the marshland soils rating classification to value certain agricultural land.

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

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     SB 150:   FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of resisting arrest.

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

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

     Was read the second time.

     The question being "Shall SB 70 pass?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 2, Absent and Not Voting 1

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

     Nays were:
Apa; McNenny; Munson (Donald); Wilson

     Excused were:
Davis; Lockner

     Absent and Not Voting were:
Kooistra

     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 44:   FOR AN ACT ENTITLED, An Act to   allow collection of delinquent installments to be provided for in the installment loan contract.

     Was read the second time.

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     The question being "Shall SB 44 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; 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:
Koehn; McCoy; Patterson

     Excused were:
Davis; Lockner

     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.

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1059 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

     The Speaker publicly read the title to

     HB 1059: FOR AN ACT ENTITLED, An Act to  provide a procedure for assigning certain staggered terms for the elected board members of an improvement district.

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     SB 33: FOR AN ACT ENTITLED, An Act to  create a procedure for challenging certain nominating, initiative, or referendum petitions and to require the Board of Elections to report to the secretary of state concerning changes in election laws.

     And signed the same in the presence of the House.

     Rep. Wilson moved that the House do now adjourn, which motion prevailed, and at 4:41 p.m. the House adjourned.