JOURNAL OF THE HOUSE

SEVENTY-FOURTH  SESSION



TWENTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 11, 1999

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

     The prayer was offered by the Chaplain, Pastor Edwin Brown, followed by the Pledge of Allegiance led by House page Stephanie Kimball.

     Roll Call: All members present except Rep. Davis 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 twenty-second 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.
HONORED GUESTS


     Speaker Hunt   introduced Joy Freed, South Dakota Girls' State Governor from Piedmont, SD, and Nathan Eilers, South Dakota Boys' State Governor from Watertown, SD.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration SB 106 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 1004 and returns the same with the recommendation that said bill be amended as follows:

o-1004c

     On page 1 , line 8 of the printed bill , delete " forty " and insert " thirty " .

     On page 1 , line 9 , delete " sixty " and insert " forty-two " .

     On page 1 , line 10 , delete " eighty " and insert " fifty-five " .

     On page 1 , line 11 , delete " From 6,001 to 8,000 pounds, inclusive, one " and insert " Over 6,000 pounds, sixty-five dollars. " .

     On page 1 , delete lines 12 and 13 .

     On page 2 , line 2 , delete " ninety " and insert " fifty-five " .

     On page 3 , line 12 , delete " twenty " and insert " ten " .

     On page 3 , line 13 , delete " thirty " and insert " twenty " .

     On page 3 , line 14 , delete " forty " and insert " thirty-five " .

     On page 3 , line 15 , delete " fifty " and insert " forty-five " .

     On page 3 , line 16 , delete " sixty " and insert " fifty-five " .

     On page 3 , line 17 , delete " seventy " and insert " sixty-five " .
     On page 3 , line 18 , delete " eighty " and insert " seventy-five " .

     On page 3 , line 19 , delete " ninety " and insert " eighty-five " .

     On page 3 , line 20 , delete " one hundred " and insert " ninety-five " .

     On page 3 , line 21 , delete " ten " and insert " five " .

     On page 4 , delete lines 20 to 25 , inclusive , and insert:

"     (1)    Six thousand pounds or less, inclusive, sixty dollars;

    (2)    From 6,001 to 8,000 pounds, inclusive, eighty dollars;

    (3)    From 8,001 to 10,000 pounds, inclusive, one hundred dollars;

    (4)    For each additional 2,000 pounds or major fraction thereof, in excess of 10,000         pounds, twenty dollars. "


     On page 5 , delete lines 1 to 4 , inclusive .

     On page 5 , line 11 , delete " sixty " and insert " fifty-five " .

     On page 5 , line 22 , overstrike " Fifty-four " and insert " Fifty-seven " .

     On page 5 , line 23 , after " revenue " overstrike " and " and insert " , from which one million thirty-three thousand two hundred sixty-nine dollars and ten cents shall be forwarded to the counties for deposit in the special highway fund of the county, in the same amount as funds were distributed to the counties by the Department of Game, Fish and Parks for license fees in calendar year 1997, pursuant to 41-6-70, and the balance shall be " .

     On page 5 , line 24 , remove the overstrikes from " Twenty-two " .

     On page 5 , line 24 , delete " Twenty-four " .

     On page 6 , line 16 , delete " One " and insert " One-half " .

     On page 6 , line 17 , overstrike " and one-half " .

     On page 7 , after line 2 , insert:

"      Section 10. That § 10-47B-4 be amended to read as follows:

     10-47B-4.   The fuel excise tax rates for the tax imposed by this chapter are as follows:

             (1)      Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline) - $.18 $.21 per gallon;
             (2)      Special fuel (except jet fuel) - $.18 $.21 per gallon;

             (3)      Ethanol blends - $.16 $.19 per gallon;

             (4)      Aviation gasoline - $.06 per gallon;

             (5)      Jet fuel - $.04 per gallon;

             (6)      E85 and M85 - $.06 $.09 per gallon;

             (7)      E85 and M85 used in aircraft - $.04 per gallon;

             (8)      Liquid petroleum gas - $.16 $.19 per gallon;

             (9)      Compressed natural gas - $.06 $.09 per gallon. "

f-1004d

     On page 7 , after line 2 of the printed bill , insert:

"      Section 10. That § 32-5-9 be amended to read as follows:

     32-5-9.   License fees and compensation for use of the highways payable under §   32-5-5 shall be: seven nine dollars and fifty cents for motorcycles with a piston displacement of less than three hundred fifty cubic centimeters and ten twelve dollars for motorcycles with a piston displacement of three hundred fifty cubic centimeters or more. "


f-1004e

     On page 7 , after line 2 of the printed bill , insert:

"      Section 11. That § 32-5-30 be amended to read as follows:

     32-5-30.   If any noncommercial motor vehicle, according to the manufacturer's model year designation, is five six years old or more on January first of the year for which a license fee is required, such fee shall be seventy percent of the fee ordinarily prescribed. "

f-1004t

     On page 1 , delete line 2 of the printed bill , and insert " vehicles, to revise the distribution of license fees, and to increase the excise tax on certain motor fuels. " .

     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 1139 and 1231 which were deferred to the 41st legislative day.


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

Also MR. SPEAKER:

     The Committee on Retirement Laws respectfully reports that it has had under consideration SB 10, 11, and 12 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on Retirement Laws respectfully reports that it has had under consideration SCR 6 and returns the same with the recommendation that said resolution be concurred in.


Respectfully submitted,
Larry Diedrich, Chair

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1080 and 1131 and SB 132 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 1066 and 1209 which were 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 SB 47 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 SB 137, 45, 48, and 77 and returns the same with the recommendation that said bills 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 1121 and returns the same with the recommendation that said bill be amended as follows:

j-1121

     On page 2 , line 1 of the printed bill , before " oral " insert " prescribed " .

     On page 2 , line 3 , delete " used " and insert " medically necessary " .

     On page 2 , between lines 11 and 12 , insert:

"     Coverage of diabetes self-management training is limited to (a) persons who are newly diagnosed with diabetes or have received no prior diabetes education; (b) persons who require a change in current therapy; (c) persons who have a co-morbid condition such as heart disease or renal failure; or (d) persons whose diabetes condition is unstable. No less than two comprehensive education programs per lifetime and up to eight follow-up visits per year may be covered. Coverage is limited to the closest available qualified education program that provides the necessary management training to accomplish the prescribed treatment. "


     On page 3 , line 18 , before " oral " insert " prescribed " .

     On page 3 , line 20 , delete " used " and insert " medically necessary " .

     On page 4 , between lines 3 and 4 , insert:

"     Coverage of diabetes self-management training is limited to (a) persons who are newly diagnosed with diabetes or have received no prior diabetes education; (b) persons who require a change in current therapy; (c) persons who have a co-morbid condition such as heart disease or renal failure; or (d) persons whose diabetes condition is unstable. No less than two comprehensive education programs per lifetime and up to eight follow-up visits per year may be covered. Coverage is limited to the closest available qualified education program that provides the necessary management training to accomplish the prescribed treatment. "


     On page 5 , line 10 , before " oral " insert " prescribed " .

     On page 5 , line 12 , delete " used " and insert " medically necessary " .

     On page 5 , between lines 20 and 21 , insert:
"     Coverage of diabetes self-management training is limited to (a) persons who are newly diagnosed with diabetes or have received no prior diabetes education; (b) persons who require a change in current therapy; (c) persons who have a co-morbid condition such as heart disease or renal failure; or (d) persons whose diabetes condition is unstable. No less than two comprehensive education programs per lifetime and up to eight follow-up visits per year may be covered. Coverage is limited to the closest available qualified education program that provides the necessary management training to accomplish the prescribed treatment. "
    
     On page 7 , line 2 , before " oral " insert " prescribed " .

     On page 7 , line 4 , delete " used " and insert " medically necessary " .

     On page 7 , between lines 12 and 13 , insert:

"     Coverage of diabetes self-management training is limited to (a) persons who are newly diagnosed with diabetes or have received no prior diabetes education; (b) persons who require a change in current therapy; (c) persons who have a co-morbid condition such as heart disease or renal failure; or (d) persons whose diabetes condition is unstable. No less than two comprehensive education programs per lifetime and up to eight follow-up visits per year may be covered. Coverage is limited to the closest available qualified education program that provides the necessary management training to accomplish the prescribed treatment. "


     On page 8 , line 19 , before " oral " insert " prescribed " .

     On page 8 , line 21 , delete " used " and insert " medically necessary " .

     On page 9 , between lines 4 and 5 , insert:

"     Coverage of diabetes self-management training is limited to (a) persons who are newly diagnosed with diabetes or have received no prior diabetes education; (b) persons who require a change in current therapy; (c) persons who have a co-morbid condition such as heart disease or renal failure; or (d) persons whose diabetes condition is unstable. No less than two comprehensive education programs per lifetime and up to eight follow-up visits per year may be covered. Coverage is limited to the closest available qualified education program that provides the necessary management training to accomplish the prescribed treatment. "


     On page 10 , line 11 , before " oral " insert " prescribed " .

     On page 10 , line 13 , delete " used " and insert " medically necessary " .

     On page 10 , between lines 21 and 22 , insert:

"     Coverage of diabetes self-management training is limited to (a) persons who are newly diagnosed with diabetes or have received no prior diabetes education; (b) persons who require a change in current therapy; (c) persons who have a co-morbid condition such as heart disease or renal failure; or (d) persons whose diabetes condition is unstable. No less than two comprehensive education programs per lifetime and up to eight follow-up visits per year may

be covered. Coverage is limited to the closest available qualified education program that provides the necessary management training to accomplish the prescribed treatment. "


     And that as so amended said bill do pass.

Respectfully submitted,
Robert Roe, Chair


Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1263 and returns the same with the recommendation that said bill be amended as follows:
t-1263a

     On page 3 , line 1 of the printed bill , delete everything before " request " and insert " the property in response to a " .

     On page 3 , line 10 , delete " on a biennial basis " .

     On page 3 , line 13 , delete " on a biennial basis " .

     On page 3 , line 16 , delete " on a biennial basis " .

     On page 4 , line 3 , after " dollars " insert " per year " .

     On page 4 , line 9 , delete " increase " and insert " reimpose " .

     On page 4 , line 19 , delete " provision " and insert " provisions " .

     On page 5 , line 17 , delete " fo " and insert " of " .

     On page 7 , after line 9 , insert:

"     Section 23. The sum of fifty thousand dollars shall be deposited in the agricultural chemical response and remediation account on July 1, 1999, from the money collected from the following sources;

             (1)    Commercial fertilizer distributor licenses pursuant to §  38-19-2.1;

             (2)    Speciality fertilizer inspection feed pursuant to §  38-19-10;

             (3)    Soil conditioner product registration pursuant to §  38-19A-4;

             (4)    Pesticide applicator license pursuant to §  38-21-17;

             (5)    Pesticide dealer's license pursuant to §  38-21-33.5;

             (6)    Pesticide registration fee pursuant to §  38-20A-4. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1226 and 1227 which were deferred to the 41st legislative day.


Respectfully submitted,
Kenneth Wetz, Vice-Chair

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1278 and 1303 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 SB 112 and 90 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1254 and returns the same with the recommendation that said bill be amended as follows:
t-1254a

     On page 1 , line 15 of the printed bill , after " beginning. " insert " For purposes of this section, the term, direct financial interest, means that the officer has the authority or ability to control, direct, or manage the contract-related activities of the entity that has contracted with the county, municipality, township, or school district and will gain direct financial benefit as a result of the contract. " .

     And that as so amended said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair


Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1166 and 1210 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 1211 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 Education respectfully reports that it has had under consideration HB 1270 and returns the same with the recommendation that said bill be amended as follows:

c-1270

     On page 1 , line 8 of the printed bill , delete " or may " and insert " and shall " .

     On page 1 , line 8 , delete " home economics " and insert " family and consumer sciences " .

     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 1212 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 1009, 1045, 1051, and 1089 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1003 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 75, 99, 131, 149, 172, 176, 186, 188, 200, 204, 228, and 239 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     Yesterday, Rep. Richard Brown announced his intention to reconsider the vote by which HB 1067 was lost.

     Rep. Richard Brown moved to reconsider the vote by which HB 1067 was lost.

     The question being on Rep. Richard Brown's motion to reconsider the vote by which HB 1067 was lost.

     And the roll being called:

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

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

     Nays were:
Clark; Derby; Diedrich (Larry); Duenwald; Eccarius; Klaudt; Konold; Lintz; Richter; Sebert; Smidt; Wetz; Windhorst; Wudel

     Excused were:
Davis

     Absent and Not Voting were:
Hennies; Napoli

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1067 was up for reconsideration and final passage.

     Rep. Richard Brown moved that HB 1067 be deferred until Tuesday, February 16th, the 25th legislative day.

     Which motion prevailed and the bill was so deferred.

     Yesterday, Rep. Richard Brown announced his intention to reconsider the vote by which HB 1251 was lost.

     Rep. Richard Brown moved to reconsider the vote by which HB 1251 was lost.

     The question being on Rep. Richard Brown's motion to reconsider the vote by which HB 1251 was lost.

     And the roll being called:

     Yeas 55, Nays 13, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Koskan; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Solum; Sutton (Daniel); Volesky; Waltman; Wilson; Windhorst; Young; Speaker Hunt

     Nays were:
Diedrich (Larry); Engbrecht; Fitzgerald; Klaudt; Kooistra; Lintz; Munson (Donald); Sebert; Smidt; Sutton (Duane); Weber; Wetz; Wudel

     Excused were:
Davis

     Absent and Not Voting were:
Napoli

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1251 was up for reconsideration and final passage.

     HB 1251:   FOR AN ACT ENTITLED, An Act to   establish the A+ Schools Program and the A+ Schools Partnership Fund.

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


     The question being "Shall HB 1251 pass?"

     And the roll being called:

     Yeas 51, Nays 17, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Derby; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wilson; Windhorst; Young

     Nays were:
Cerny; Diedrich (Larry); Duenwald; Fiegen; Fitzgerald; Jaspers; Klaudt; Kooistra; Koskan; Lintz; Munson (Donald); Napoli; Slaughter; Weber; Wetz; Wudel; Speaker Hunt

     Excused were:
Davis; 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.

     Rep. Volesky moved that the Committee on State Affairs be instructed to deliver HB 1284 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m., Friday, February 12th, the 24th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Appropriations on HB 1147 as found on page 457 of the House Journal; also

     Agriculture and Natural Resources on HB 1213 as found on page 458 of the House Journal; also

     State Affairs on HB 1110 as found on pages 458 to 461 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     There being no objection, the House proceeded to Order of Business No. 14.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 75:   FOR AN ACT ENTITLED, An Act to   establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

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

     SB 99:   FOR AN ACT ENTITLED, An Act to   provide special assessment authority to ambulance districts.

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

     SB 131:   FOR AN ACT ENTITLED, An Act to   revise the rate of reimbursement to the county for certain parole violator detention expenses.

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

     SB 149:   FOR AN ACT ENTITLED, An Act to   require the establishment of a cost recovery method or mechanism for telecommunication companies to recover the cost of certain mandated services.

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

     SB 172:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the disclosure of damage on motor vehicles.

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

     SB 176:   FOR AN ACT ENTITLED, An Act to   restrict the possession of firearms on certain off-road vehicles.

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

     SB 186:   FOR AN ACT ENTITLED, An Act to   limit the liability of certain persons for year 2000 litigation.


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

     SB 188:   FOR AN ACT ENTITLED, An Act to   limit the application of capital punishment.

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

     SB 200:   FOR AN ACT ENTITLED, An Act to   increase the penalty for possessing certain drugs near schools and certain other youth-oriented facilities and to repeal certain minimum sentencing provisions relating thereto.

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

     SB 204:   FOR AN ACT ENTITLED, An Act to   provide that violations of general permits for water pollution control are subject to certain penalties.

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

     SB 228:   FOR AN ACT ENTITLED, An Act to   increase the penalty for certain assaults in jails.

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

     SB 239:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding telecommunications services.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1156:   FOR AN ACT ENTITLED, An Act to   require certain insurance policies to reimburse the services of licensed professional counselors -- mental health and marriage and family therapists.

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

     The question being "Shall HB 1156 pass?"

     And the roll being called:

     Yeas 43, Nays 25, Excused 2, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Burg; Chicoine; Clark; Cutler; Diedrich (Larry); Duenwald; Engbrecht; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Roe; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Speaker Hunt

     Nays were:
Apa; Brown (Richard); Cerny; Crisp; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Fiegen; Fryslie; Garnos; Klaudt; Konold; Koskan; Lintz; McNenny; Monroe; Napoli; Putnam; Richter; Sebert; Solum; Volesky; Wudel; Young

     Excused were:
Davis; Derby

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

     HB 1082:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the impoundment of animals and the regulation of certain kennels.

     Was read the second time.

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

     And the roll being called:

     Yeas 46, Nays 20, Excused 3, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lucas; McCoy; McIntyre; Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Wetz; Wilson; Windhorst; Speaker Hunt

     Nays were:
Apa; Broderick; Cutler; Duenwald; Earley; Fryslie; Garnos; Hagen; Jaspers; Konold; Koskan; Lockner; McNenny; Monroe; Putnam; Solum; Waltman; Weber; Wudel; Young

     Excused were:
Davis; Derby; Michels

     Absent and Not Voting were:
Munson (Donald)

     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 1271:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the licensing of counselor applicants.

     Was read the second time.

     The question being "Shall HB 1271 pass as amended?"

     And the roll being called:

     Yeas 45, Nays 23, Excused 2, Absent and Not Voting 0

     Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Derby; Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fitzgerald; Fryslie; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Nachtigal; Napoli; Patterson; Peterson; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt

     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Crisp; Cutler; Diedrich (Larry); Duniphan; Eccarius; Fiegen; Fischer-Clemens; Garnos; Hagen; Jaspers; Koskan; Michels; Monroe; Munson (Donald); Pummel; Richter; Volesky; Windhorst; Wudel

     Excused were:
Clark; Davis

     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 1257:   FOR AN ACT ENTITLED, An Act to   revise how certain alcoholic beverage licenses are issued to certain nonprofit organizations by a municipality or county.

     Was read the second time.

     Rep. Peterson moved that HB 1257 be deferred until Tuesday, February 16th, the 25th legislative day.

     Which motion prevailed and the bill was so deferred.


     HB 1184:   FOR AN ACT ENTITLED, An Act to   allow for the transfer of money from a school district's special education fund to its general fund under certain circumstances.

     Was read the second time.

     The question being "Shall HB 1184 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Brooks; Davis; Michels

     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 1243:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to conflicts of interest by school district personnel.

     Was read the second time.

     The question being "Shall HB 1243 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 46, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Derby; Duenwald; Duniphan; Eccarius; Hennies; Jaspers; Juhnke; Klaudt; Koskan; Lintz; McNenny; Monroe; Napoli; Pummel; Putnam; Volesky; Wudel; Speaker Hunt

     Nays were:
Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Diedrich (Larry); Diedtrich (Elmer); Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Young

     Excused were:
Brooks; Clark; Davis; Fiegen; Richter

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

     HB 1200:   FOR AN ACT ENTITLED, An Act to   increase sales and use taxes, repeal the video lottery, and dedicate any additional revenue to reducing property taxes or increasing the per student allocation.

     Was read the second time.

     Rep. Cutler moved that HB 1200 be deferred until Tuesday, February 16th, the 25th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1299:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the practices of physician assistants, certified registered nurse anesthetists, nurse practitioners, and nurse midwives.

     Was read the second time.

     The question being "Shall HB 1299 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; 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

     Nays were:
Apa

     Excused were:
Davis; Eccarius; Fiegen

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 97:   FOR AN ACT ENTITLED, An Act to   extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

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

     Rep. Koehn requested a fiscal note on HB 97.

     Which request was supported.

     SB 93:   FOR AN ACT ENTITLED, An Act to   revise certain exemptions relating to the hauling of agricultural products or livestock from farms.

     Was read the second time.

t-93a

     Rep. Klaudt moved that SB 93 be amended as follows:

     On page 1 , line 9 of the House Transportation committee engrossed bill , overstrike " fifty " and insert " one hundred " .
    The Speaker, being in doubt, requested a roll call vote.

     The question being on Rep. Klaudt's motion that SB 93 be amended.

     And the roll being called:

     Yeas 31, Nays 34, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Brooks; Chicoine; Clark; Cutler; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Fryslie; Garnos; Hanson; Jaspers; Juhnke; Klaudt; Koehn; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Monroe; Richter; Smidt; Sutton (Duane); Wetz; Wilson; Windhorst; Young; Speaker Hunt

     Nays were:
Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Crisp; Derby; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hennies; Kazmerzak; Konold; Kooistra; Lucas; Michels; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wudel

     Excused were:
Davis; Diedrich (Larry); Eccarius

     Absent and Not Voting were:
Koetzle; Nachtigal

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

     The question now being "Shall SB 93 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 6, Excused 2, Absent and Not Voting 1

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

     Nays were:
Duniphan; Engbrecht; Fiegen; Garnos; Peterson; Weber

     Excused were:
Davis; Eccarius

     Absent and Not Voting were:
Koetzle

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

     Was read the second time.

     The question being "Shall SB 50 pass as amended?"

     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; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; 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); 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:
Klaudt

     Excused were:
Davis; Eccarius

     Absent and Not Voting were:
Chicoine

     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.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1025, 1026, 1058, 1090, 1112, 1126, and 1181 were delivered to his Excellency, the Governor, for his approval at 3:55 p.m., February 11, 1999.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1009, 1045, 1051, and 1089 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1009: FOR AN ACT ENTITLED, An Act to  require a managed care plan to have a medical director or director.

     HB 1045: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the confidentiality of bank examinations.

     HB 1051: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the fuel excise tax.

     HB 1089: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the appointment of insurance agents.

     SB 94: FOR AN ACT ENTITLED, An Act to  allow certain law enforcement officers or the Department of Social Services to take photographs, videotapes, or electronic images of a child if abuse or neglect is suspected.

     And signed the same in the presence of the House.

     Rep. Richter moved that the House do now adjourn, which motion prevailed, and at 4:21 p.m. the House adjourned.

KAREN GERDES, Chief Clerk