Joint Journal 02/09/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 9, 1999

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

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

     Roll Call: All members present except Rep. Napoli 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 twentieth 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.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1024, 1062, 1063, and 1064, and the same have 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 Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill be amended as follows:

t-1082a

On page 3 , line 9 of the printed bill , delete " his " and insert " this " .

On page 5 , line 11 , after " immediately. " insert " However, in a case involving an animal that has not become property of the impounding jurisdiction under this Act, the impounding jurisdiction shall provide written notice via certified mail to the owner or custodian of the animal of its intention to euthanize the animal. The impounding authority shall then wait seventy-two hours after sending the notice before euthanization of the animal, unless the owner or custodian agrees to have the animal euthanized. No veterinarian licensed pursuant to chapter 36-12 or any person assisting a veterinarian licensed pursuant to chapter 36-12 is liable for any civil damages arising out of the euthanization of the impounded animal. " .

And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1177 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 Commerce respectfully reports that it has had under consideration HB 1271 and returns the same with the recommendation that said bill be amended as follows:

j-1271

On page 1 , line 10 of the printed bill , after " 1998. " insert " The provisions of this section apply only to applicants who successfully complete such program before July 1, 2000. " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill be amended as follows:

j-50a

On page 2 , line 2 of the Senate Commerce committee engrossed bill , delete " or " .

On page 2 , line 4 , after " account " insert " ; or

(6) Variable annuities under which the amount varies according to the investment experience " .

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 1129 which was deferred to the 41st legislative day.

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1145 which was tabled.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1174 and 1238 which were deferred to the 41st legislative day.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1160 and 1262 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 1257 and returns the same with the recommendation that said bill be amended as follows:

r-1257

On page 1 , after line 17 of the printed bill , insert:

" Section 2. That § 35-4-105 be amended to read as follows:

35-4-105. A license issued pursuant to § 35-4-104 shall be issued to the organization and location specified on the application , and in the case of an on-sale license under subdivision 35- 4-2(4), shall be exempt from the quotas established in § 35-4-11 . Notwithstanding subdivisions 35-4-2 (4), (12) , and (16), the fee for each license is one hundred dollars. Each application shall be accompanied by the fee prior to consideration by the governing body or board of county commissioners. Notwithstanding § 35-5-21.1, the fee provided for in this section shall be retained by the governing body or board of county commissioners issuing such license. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1164, 1165, and 1265 which were tabled.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1251 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill be amended as follows:

f-1184

On page 1 , line 6 of the printed bill , delete everything after " district " and insert " that contracts pursuant to § 13-15-11 " .

On page 1 , line 7 , delete " out of its special education fund or " .

On page 1 , line 8 , before " , " insert " in the school years ending June 30, 1993, and June 30, 1994 " .

On page 1 , line 9 , delete " previous general fund expenditures and " .

On page 1 , after line 10 , insert:

" Section 2. Section 1 of this Act is repealed on July 1, 2000. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1243 and returns the same with the recommendation that said bill be amended as follows:

t-1243a

On page 1 , line 7 of the printed bill , delete everything after " employed. " .

On page 1 , delete lines 8 to 12 , inclusive .

On page 1 , line 13 , delete everything before " No " .

On page 1 , line 13 , after " sell " insert " or promote, on school property where the officer or employee is employed, any item or service in which the officer or employee has a financial interest, including " .

On page 1 , line 15 of the printed bill , after " students " insert " or staff of the school " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1219 which was deferred to the 41st legislative day.

Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1040 and 1052 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1058 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 87, 103, 120, 153, 171, 193, and 221 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 76.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1088 was lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has approved SB 21 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on pages 360 and 361 of the Senate Journal.

We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 21.

Respectfully,
PATRICIA ADAM, Secretary

Speaker Pro tempore Eccarius now presiding.

MOTIONS AND RESOLUTIONS

     HCR 1007: A CONCURRENT RESOLUTION, Requesting federal legislation that prohibits the federal government from recouping any of the state tobacco settlement funds.

    Rep. Patterson moved that HCR 1007 as found on pages 347 and 348 of the House Journal be adopted.

     The question being on Rep. Patterson's motion that HCR 1007 be adopted.

     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; Davis; 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; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
McNenny

Excused were:
Napoli; Volesky

Absent and Not Voting were:
Cutler

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1007 was adopted.

     Yesterday, Rep. Hunt announced his intention to reconsider the vote by which HB 1077 was lost.

     Rep. Hunt moved to reconsider the vote by which HB 1077 was lost.

     The question being on Rep. Hunt's motion to reconsider the vote by which HB 1077 was lost.

     And the roll being called:

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

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Garnos; Hennies; Juhnke; Klaudt; Koehn; Kooistra; Koskan; Lintz; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Slaughter; Smidt; Solum; Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Apa; Brown (Richard); Burg; Cerny; Chicoine; Clark; Davis; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Jaspers; Kazmerzak; Koetzle; Konold; Lockner; Lucas; Nachtigal; Roe; Sebert; Sutton (Daniel)

Excused were:
Napoli; Volesky

Absent and Not Voting were:
Cutler

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1077 was up for reconsideration and final passage.

HB 1077: FOR AN ACT ENTITLED, An Act to clarify voting eligibility and procedures for certain municipal incorporation elections.

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

     The question being "Shall HB 1077 pass as amended?"

     And the roll being called:

     Yeas 36, Nays 30, Excused 2, Absent and Not Voting 2

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Burg; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Hennies; Juhnke; Klaudt; Koskan; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Slaughter; Smidt; Solum; Volesky; Waltman; Weber; Windhorst; Speaker Hunt

Nays were:
Apa; Brown (Richard); Cerny; Chicoine; Davis; Derby; Diedtrich (Elmer); Fryslie; Garnos; Hagen; Haley; Hanson; Jaspers; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; Nachtigal; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Wetz; Wilson; Wudel; Young

Excused were:
Clark; Napoli

Absent and Not Voting were:
Crisp; Cutler

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.

     Yesterday, Rep. Hunt announced his intention to reconsider the vote by which HB 1199 was lost.

     Rep. Hunt moved to reconsider the vote by which HB 1199 was lost.

     The question being on Rep. Hunt's motion to reconsider the vote by which HB 1199 was lost.

     And the roll being called:

     Yeas 52, Nays 16, Excused 1, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Cutler; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Apa; Cerny; Davis; Diedtrich (Elmer); Fischer-Clemens; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lockner; McNenny; Nachtigal; Roe; Sutton (Daniel); Waltman

Excused were:
Napoli

Absent and Not Voting were:
Crisp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1199 was up for reconsideration and final passage.

HB 1199: FOR AN ACT ENTITLED, An Act to restrict the distribution of alcoholic beverages to persons under twenty-one years of age by parents, guardians, or spouses over twenty-one years of age.

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

r-1199b

Rep. Hunt moved that HB 1199 be amended as follows:

On page 2 , delete lines 1 to 12 of the House Judiciary committee engrossed bill , inclusive .

Which motion prevailed and HB 1199 was so amended.

     The question being "Shall HB 1199 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 25, Excused 1, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Peterson; Richter; Sebert; Slaughter; Smidt; Solum; Weber; Wetz; Wilson; Young; Speaker Hunt

Nays were:
Apa; Cerny; Davis; Diedtrich (Elmer); Duniphan; Garnos; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lintz; Lockner; McNenny; Nachtigal; Patterson; Pummel; Putnam; Roe; Sutton (Daniel); Sutton (Duane); Waltman; Windhorst; Wudel

Excused were:
Napoli

Absent and Not Voting were:
Volesky

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Hunt moved that the title to HB 1199 be amended as follows:

On page 1 , line 2 of the House Judiciary committee engrossed bill , delete " under twenty- one " and insert " under eighteen " .

Which motion prevailed and the title was so amended.

Speaker Hunt now presiding.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Transportation on SB 93 as found on page 410 of the House Journal; also

     State Affairs on HB 1297 as found on pages 411 and 412 of the House Journal; also

     State Affairs on HJR 1007 as found on 412 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1266: FOR AN ACT ENTITLED, An Act to revise the requirements for certifying eligibility for owner-occupied classification.

Was read the second time.

The question being "Shall HB 1266 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Earley; 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; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Napoli; Waltman

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1106: FOR AN ACT ENTITLED, An Act to repeal certain tax benefits available to railroads.

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

o-1106a

Rep. Koskan moved that HB 1106 be amended as follows:

On page 1 , delete lines 13 to 16 of the printed bill , inclusive , and insert:

"Section 2. That § 10-28-21.1 be amended to read as follows:

credit available at five million gross ton miles per mile shall be reduced pro rata as the amount carried increases, until no credit is given at ten million gross tons per mile. The credit provided in this section shall be applied ~~proportionally across the railroad's entire mainline within this state~~ to the lines on which the replacement or repair took place . The credit shall be applied to tax liability over a three-year period in an amount equal to thirty-three and one-third percent the first year following certification; thirty-three and one-third percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's carryover shall be accumulated as a tax credit with other years' annual tax credits. No credit may be given for the repair or replacement of railway line necessitated by washout, fire, or train derailment. No rail line carrying over ten million gross ton miles per mile annually may receive a credit pursuant to this section. Any rail line which carries between five million and ten million gross ton miles per mile annually shall receive a credit for only one-half of the expenses certified pursuant to this section. The provisions of this section do not affect credits certified prior to January 30, 1994.

Section 3. That § 10-28-21.1 be amended to read as follows:

10-28-21.1. Any publicly operated railroad or railway corporation operating over rail lines located within this state may claim a credit against the tax levied on such rail lines for amounts which the railroad or railway corporation has certified as having been expended in the replacement and repair of such rail lines. Only those expenses of a capital nature may be certified as an expense eligible for a credit pursuant to this section. The certification required by this section shall be on forms provided by the Department of Revenue. The labor and material expenses certified pursuant to this section shall be itemized separately. Any rail line which carries five million gross ton miles per mile annually or less shall receive a credit for one-half of the expenses certified pursuant to this section. No rail line carrying ten million gross ton miles per mile or more annually may receive a credit pursuant to this section. For any rail line which carries between five million and ten million gross ton miles per mile annually, the credit available at five million gross ton miles per mile shall be reduced pro rata as the amount carried increases, until no credit is given at ten million gross tons per mile. The credit provided in this section shall be applied ~~proportionally across the railroad's entire mainline within this state~~ to the lines on which the replacement or repair took place . The credit shall be applied to the tax liability ~~over a three-year period in an amount equal to thirty-three and one-third percent the first~~ the year following certification ; thirty-three and one-third percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's carryover shall be accumulated as a tax credit with other years' annual tax credits . No credit may be given for the repair or replacement of railway line necessitated by washout, fire, or train derailment. No rail line carrying over ten million gross ton miles per mile annually may receive a credit pursuant to this section. Any rail line which carries between five million and ten million gross ton miles per mile annually shall receive a credit for only one-half of the expenses certified pursuant to this section. The provisions of this section do not affect credits certified prior to January 30, 1994.

Section 4. The effective date of section 3 of this Act is January 1, 2002."

On page 2 , delete lines 1 to 16 , inclusive .

Rep. Koetzle rose to a point of order, pursuant to JR 5-11.1, regarding Rep. Koskan's amendment.

The Speaker ruled Rep. Koskan's amendment out of order.

o-1106a

Rep. Cutler moved that HB 1106 be amended as follows:

On page 1 , delete lines 13 to 16 of the printed bill , inclusive , and insert:

"Section 2. That § 10-28-21.1 be amended to read as follows:

10-28-21.1. Any publicly operated railroad or railway corporation operating over rail lines located within this state may claim a credit against the tax levied on such rail lines for amounts which the railroad or railway corporation has certified as having been expended in the replacement and repair of such rail lines. Only those expenses of a capital nature may be certified as an expense eligible for a credit pursuant to this section. The certification required by this section shall be on forms provided by the Department of Revenue. The labor and material expenses certified pursuant to this section shall be itemized separately. Any rail line which carries five million gross ton miles per mile annually or less shall receive a credit for one-half of the expenses certified pursuant to this section. No rail line carrying ten million gross ton miles per mile or more annually may receive a credit pursuant to this section. For any rail line which carries between five million and ten million gross ton miles per mile annually, the credit available at five million gross ton miles per mile shall be reduced pro rata as the amount carried increases, until no credit is given at ten million gross tons per mile. The credit provided in this section shall be applied ~~proportionally across the railroad's entire mainline within this state~~ to the lines on which the replacement or repair took place . The credit shall be applied to tax liability over a three-year period in an amount equal to thirty-three and one-third percent the first year following certification; thirty-three and one-third percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's carryover shall be accumulated as a tax credit with other years' annual tax credits. No credit may be given for the repair or replacement of railway line necessitated by washout, fire, or train derailment. No rail line carrying over ten million gross ton miles per mile annually may receive a credit pursuant to this section. Any rail line which carries between five million and ten million gross ton miles per mile annually shall receive a credit for only one-half of the expenses certified pursuant to this section. The provisions of this section do not affect credits certified prior to January 30, 1994.

Section 3. That § 10-28-21.1 be amended to read as follows:

material expenses certified pursuant to this section shall be itemized separately. Any rail line which carries five million gross ton miles per mile annually or less shall receive a credit for one-half of the expenses certified pursuant to this section. No rail line carrying ten million gross ton miles per mile or more annually may receive a credit pursuant to this section. For any rail line which carries between five million and ten million gross ton miles per mile annually, the credit available at five million gross ton miles per mile shall be reduced pro rata as the amount carried increases, until no credit is given at ten million gross tons per mile. The credit provided in this section shall be applied ~~proportionally across the railroad's entire mainline within this state~~ to the lines on which the replacement or repair took place . The credit shall be applied to the tax liability ~~over a three-year period in an amount equal to thirty-three and one-third percent the first~~ the year following certification ; thirty-three and one-third percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's carryover shall be accumulated as a tax credit with other years' annual tax credits . No credit may be given for the repair or replacement of railway line necessitated by washout, fire, or train derailment. No rail line carrying over ten million gross ton miles per mile annually may receive a credit pursuant to this section. Any rail line which carries between five million and ten million gross ton miles per mile annually shall receive a credit for only one-half of the expenses certified pursuant to this section. The provisions of this section do not affect credits certified prior to January 30, 1994.

Section 4. The effective date of section 3 of this Act is January 2, 2002."

On page 2 , delete lines 1 to 16 , inclusive .

Rep. Peterson moved the previous question.

Which motion prevailed.

The question being on Rep. Cutler's motion that HB 1106 be amended.

Which motion prevailed and HB 1106 was so amended.

     The question being "Shall HB 1106 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 26, Excused 2, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fryslie; Jaspers; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Waltman; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Apa; Burg; Cerny; Chicoine; Crisp; Derby; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Kooistra; Lockner; Munson (Donald); Nachtigal; Patterson; Sutton (Daniel); Volesky; Weber; Wilson; Windhorst

Excused were:
Davis; Napoli

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 1039: FOR AN ACT ENTITLED, An Act to repeal the licensing of resident and nonresident professional dog trainers and to restrict the training of dogs on wild game birds.

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

j-1039

Rep. Brooks moved that HB 1039 be amended as follows:

On page 2 , line 3 of the House Agriculture and Natural Resources committee engrossed bill , after " on " insert " wild game birds on " .

On page 3 , overstrike line 19 .

Which motion prevailed and HB 1039 was so amended.

Rep. Koskan moved that HB 1039 be deferred until Thursday, February 11th, the 23rd legislative day.

Which motion lost.

     The question being "Shall HB 1039 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 13, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Nachtigal; Patterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Cerny; Cutler; Diedrich (Larry); Fiegen; Fitzgerald; Hanson; Jaspers; Koskan; McNenny; Munson (Donald); Peterson; Richter; Windhorst

Excused were:
Davis; Engbrecht; Koetzle; Napoli; Volesky

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 1067: FOR AN ACT ENTITLED, An Act to mandate driver's education, to increase certain fees, and to make a continuous appropriation to provide funding.

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

Rep. Richard Brown moved that HB 1067 be deferred until Wednesday, February 10th, the 22nd legislative day.

Which motion prevailed and the bill was so deferred.

Speaker Pro tempore Eccarius now presiding.

HB 1144: FOR AN ACT ENTITLED, An Act to increase the annual front footage assessment for certain township road maintenance and repairs.

Was read the second time.

     The question being "Shall HB 1144 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 5, Excused 4, Absent and Not Voting 0

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

Nays were:
Diedtrich (Elmer); Klaudt; Koehn; Lockner; Windhorst

Excused were:
Clark; Davis; Koetzle; Napoli

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 1172: 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 second time.

     The question being "Shall HB 1172 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; 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; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Klaudt; McCoy

Excused were:
Clark; Davis; Koetzle; Napoli

Absent and Not Voting were:
Volesky

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 1246: FOR AN ACT ENTITLED, An Act to provide a per diem allowance for county and municipal housing and redevelopment commissioners.

Was read the second time.

The question being "Shall HB 1246 pass as amended?"

And the roll being called:

Yeas 58, Nays 8, Excused 4, Absent and Not Voting 0

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

Nays were:
Diedrich (Larry); Duniphan; Jaspers; Klaudt; Peterson; Putnam; Richter; Wudel

Excused were:
Clark; Davis; Koetzle; Napoli

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 1230: FOR AN ACT ENTITLED, An Act to provide for the recovery of damages for checks, drafts, or orders not paid upon presentment.

Was read the second time.

f-1230a

Rep. Wilson moved that HB 1230 be amended as follows:

On page 1 , line 13 of the House Judiciary committee engrossed bill , delete " the court hearing " and insert " or at the time for answering the complaint " .

On page 1 , line 16 , delete " accrued interest and " .

On page 2 , line 25 , delete " conclusively " .

Which motion lost.

j-1230

Rep. Nachtigal moved that HB 1230 be amended as follows:

On page 1 , line 8 of the House Judiciary committee engrossed bill , delete " three " and insert " two " .

On page 3 , line 15 , delete " three " and insert " two " .

Which motion lost.

     The question being "Shall HB 1230 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 16, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Burg; Cerny; Fitzgerald; Hagen; Hanson; Kazmerzak; Koehn; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Roe; Waltman; Weber; Wilson

Excused were:
Davis; Koetzle; Napoli

Absent and Not Voting were:
Haley; Koskan

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

HB 1279: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding mechanics' liens.

Was read the second time.

     Rep. Brown (Richard) moved that HB 1279 be placed to follow HB 1196 on today's calendar.

    Which motion prevailed and the bill was so placed.

HB 1196: FOR AN ACT ENTITLED, An Act to allow the investment council to invest certain public funds and to restrict the investment of certain public funds.

Was read the second time.

The question being "Shall HB 1196 pass as amended?"

And the roll being called:

Yeas 60, Nays 4, Excused 4, Absent and Not Voting 2

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

Nays were:
Brooks; Fiegen; Monroe; Waltman

Excused were:
Davis; Klaudt; Koetzle; Napoli

Absent and Not Voting were:
Crisp; 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.

HB 1279: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding mechanics' liens.

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

f-1279a

Rep. Richard Brown moved that HB 1279 be amended as follows:

On page 1 , line 12 of the House Judiciary committee engrossed bill , after " project " insert " , including the legal description of the property " .

On page 1 , line 15 , delete " a separate book and " and insert " an " .

On page 1 , line 14 , delete " twenty " and insert " ten " .

On page 2 , line 21 , after " commencement " insert " and has provided a copy of the notice to the owner of record " .

On page 2 , line 23 , after " machinery " insert " , and the post office receipt for mailing such notice shall be attached to the lien and filed in the office of register of deeds " .

On page 3 , line 13 , delete " 2001 " and insert " 2000 " .

Which motion prevailed and HB 1279 was so amended.

     The question being "Shall HB 1279 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, 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; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Nachtigal; Volesky; Wilson

Excused were:
Davis; Klaudt; Napoli

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 1288 : FOR AN ACT ENTITLED, An Act to revise certain time frames for election procedures that follow an election.

Was read the second time.

     The question being "Shall HB 1288 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 4, 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; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Davis; Engbrecht; Klaudt; Napoli

Absent and Not Voting were:
Putnam; Volesky

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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 87: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the annual property tax bill.

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

SB 103: FOR AN ACT ENTITLED, An Act to revise the election procedure for forming a municipality.

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

SB 120: FOR AN ACT ENTITLED, An Act to authorize REDI fund loans for certain value-added agricultural projects and activities.

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

SB 153: FOR AN ACT ENTITLED, An Act to revise and establish certain provisions related to recommendations for the settlement of labor disputes.

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

SB 171: FOR AN ACT ENTITLED, An Act to require the suspension of driving privileges in connection with certain acts of vandalism.

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

SB 193: FOR AN ACT ENTITLED, An Act to revise the school term.

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

SB 221: FOR AN ACT ENTITLED, An Act to clarify and revise certain provisions relating to the exchange of school lands and to declare an emergency.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 66: FOR AN ACT ENTITLED, An Act to prohibit passengers in the unenclosed cargo area of certain vehicles unless certain conditions are met.

Was read the second time.

t-66

Rep. Donald Munson moved that SB 66 be amended as follows:

On the House Transportation committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 32-38 be amended by adding thereto a NEW SECTION to read as follows:

Except as provided in chapter 32-37 and § 32-38-3, and notwithstanding the provisions of § § 32-38-1 and 32-38-5, every operator who is less than eighteen years of age and every passenger who is less than eighteen years of age in a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The operator of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the vehicle seat who is at least five years of age but younger than eighteen years of age. The vehicle operator's license or permit of any operator who violates this section shall be suspended for thirty days. Any violation of this section is not a moving traffic offense under the provisions of § 32-12-49.1. "

    A roll call vote was requested and supported.

     The question being on Rep. Donald Munson's motion that SB 66 be amended.

     And the roll being called:

Yeas 27, Nays 39, Excused 4, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Burg; Cerny; Chicoine; Clark; Derby; Diedrich (Larry); Duenwald; Earley; Eccarius; Fiegen; Fischer-Clemens; Hanson; Hennies; Jaspers; Koskan; McIntyre; McNenny; Monroe; Munson (Donald); Sebert; Smidt; Wetz; Wilson; Young

Nays were:
Brown (Jarvis); Brown (Richard); Crisp; Cutler; Diedtrich (Elmer); Duniphan; Engbrecht; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Windhorst; Wudel; Speaker Hunt

Excused were:
Davis; Klaudt; Michels; Napoli

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

f-66c

Rep. Apa moved that SB 66 be amended as follows:

On page 1 , after line 14 of the House Transportation committee engrossed bill , insert:

" Section 2. If the driver or any passenger in a motor vehicle is under eighteen years of age, the driver may not exceed forty miles per hour. "

    A roll call vote was requested and supported.

     The question being on Rep. Apa's motion that SB 66 be amended.

     And the roll being called:

     Yeas 18, Nays 49, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Burg; Cerny; Diedrich (Larry); Duenwald; Earley; Hagen; Hanson; Hennies; Jaspers; Koskan; McIntyre; Monroe; Nachtigal; Wetz; Windhorst; Young

Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Crisp; Cutler; Derby; Diedtrich (Elmer); Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McNenny; Michels; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Excused were:
Davis; Klaudt; Napoli

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

Rep. Wetz moved that SB 66 be amended as follows:

On page 1, line 6 of the House Transportation committee engrossed bill after "hour," insert "within a Class 1 municipality".

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

     The question being on Rep. Wetz's motion that SB 66 be amended.

     And the roll being called:

     Yeas 21, Nays 46, Excused 3, Absent and Not Voting 0

     Yeas were:
Broderick; Burg; Cerny; Clark; Derby; Diedrich (Larry); Duenwald; Earley; Eccarius; Hagen; Jaspers; Juhnke; Koskan; McCoy; McNenny; Monroe; Pummel; Wetz; Windhorst; Wudel; Young

Nays were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Diedtrich (Elmer); Duniphan; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Speaker Hunt

Excused were:
Davis; Klaudt; Napoli

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

j-66

Rep. Duenwald moved that SB 66 be amended as follows:

On page 1 , line 4 of the House Transportation committee engrossed bill , delete " truck, truck, trailer, or semitrailer " and insert " truck or truck " .

Which motion prevailed and SB 66 was so amended.

Rep. Konold moved the previous question.

Which motion prevailed.

     The question being "Shall SB 66 pass as amended?"

     And the roll being called:

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

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Derby; Diedtrich (Elmer); Duniphan; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Kazmerzak; Konold; Kooistra; Lockner; McCoy; McIntyre; Roe; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wilson

Nays were:
Apa; Broderick; Burg; Cerny; Chicoine; Cutler; Diedrich (Larry); Duenwald; Earley; Eccarius; Engbrecht; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Koehn; Koetzle; Koskan; Lintz; Lucas; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Sebert; Smidt; Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Davis; Klaudt; Napoli

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

Rep. Donald Munson announced his intention to reconsider the vote by which SB 66 was lost.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1040 and 1052 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     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.

     HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding accident record fees.

     SB 22: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to vital records.

     SB 25: FOR AN ACT ENTITLED, An Act to authorize the sale, exchange, or demolition of a farmhouse, garage, and corncrib/granary located on the Southeast Agricultural Experiment Station, to replace the dwelling, and to make an appropriation therefor.

     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.

     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.

     SB 76: FOR AN ACT ENTITLED, An Act to constitute corporate acknowledgment as prima facie evidence of authority to execute certain documents.

     And signed the same in the presence of the House.

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

KAREN GERDES, Chief Clerk