House Journal 01/17/2001 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SIXTH SESSION

SIXTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 17, 2001

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

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House page Stacey Kreger.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the fifth 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,

Scott Eccarius, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1018 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1056 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 1057 and 1064 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 Judiciary respectfully reports that it has had under consideration HB 1061 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9 of the printed bill, delete " in regard to the " .

On page 1 , line 10, delete " violation which initiated the civil judgment " .

On page 1 , line 11, delete " applicable " .

On page 1, line 2 of the printed bill, delete " such " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1071 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5 of the printed bill, delete " 1975 " and insert " 1970 ".

And that as so amended said bill do pass.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the printed bill, delete " four " and insert "three".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1023 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the printed bill, after " Corrections " insert "or any adolescent treatment program operated by the Department of Human Services".

On page 1, line 3 of the printed bill, after " employees " insert "and volunteers and for employees and volunteers of certain adolescent treatment programs".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1024 and returns the same with the recommendation that said bill be amended as follows:

On page 3 of the printed bill, delete lines 11 to 23 , inclusive, and insert:

"

(9) Number of felony convictions;

(10) Sentence, time suspended, jail time credit, and revoked good-time credits;

(11) Offense, sentence, admission, release, and parole eligibility dates;

(12) Dates of pending hearings and final determinations of parole, suspended sentence, pardon, and commutation hearings;

(13) Status as an inmate, parolee, or person who has completed a prison term;

(14) County of conviction;

(16) Citizenship status;

(17) Birth town, state, and country; and

(18) Supervising agent. ".

On page 4 , after line 3, insert:

" Section 6. That chapter 24-2 be amended by adding thereto a NEW SECTION to read as follows:

The Department of Corrections may distribute information listed in section 4 of this Act along with an identifying photograph of the inmate or parolee to the public through internet distribution. Once an inmate has been discharged from the custody of the Department of Corrections pursuant to § 24-5-2 or 24-15A-7, the department shall remove all information regarding the inmate's incarceration, including the inmate's photograph, from the internet.".

On page 1, line 7 of the printed bill, delete " may " and insert " shall ".

On page 2 , line 5, overstrike " may " and insert " shall ".

On page 1, line 7 of the printed bill, delete " , except as allowed pursuant to § 24-2-20, " .

On page 1 , line 11, after " institution. " insert " However, this section shall not apply to the release of information allowed pursuant to § 24-2-20. ".

And that as so amended said bill do pass.

Respectfully submitted,
Bill Peterson, Chair

REPORTS OF SELECT COMMITTEES

Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Seventy-fifth Legislative Session be adopted as the joint rules of the Seventy-sixth Legislative Session.

The joint rules and the rules of the Senate and the House shall be printed in the Senate Journal.

Respectfully submitted,             Respectfully submitted,
Scott Eccarius             Barbara Everist
Bill Peterson             Arnold Brown

House Committee             Senate Committee

MESSAGES FROM THE SENATE

I have the honor to transmit herewith SB 45 and 65 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Bill Peterson moved that the report of the Joint-Select Committee relative to the joint rules for the Seventy-sixth Legislative Session be adopted.

The question being on Rep. Bill Peterson's motion that the report of the Joint-Select Committee relative to the joint rules for the Seventy-sixth Legislative Session be adopted.

And the roll being called:

Yeas 67, Nays 0, Excused 1, Absent 2

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Richter

Absent:
Hanson (Gary); Pummel

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

Rep. Bill Peterson moved that the report of the Select Committee relative to the House rules for the Seventy-sixth Legislative Session as found on pages 44 and 45 of the House Journal be adopted.

The question being on Rep. Bill Peterson's motion that the report of the Select Committee relative to the House rules for the Seventy-sixth Legislative Session as found on pages 44 and 45 of the House Journal be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Richter

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

Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 12:45 p.m., on Thursday, January 18^th, the 7^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Bill Peterson moved that the reports of the Standing Committees on

Judiciary on HB 1032 as found on pages 68 to 70 of the House Journal ; also

Judiciary on HB 1050 as found on page 70 of the House Journal ; also

Judiciary on HB 1051 as found on pages 70 and 71 of the House Journal ; also

Education on HB 1006 as found on page 72 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1084 Introduced by: Representative Napoli and Senator Koskan

FOR AN ACT ENTITLED, An Act to place a moratorium on new video lottery establishments and machines.

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

HB 1085 Introduced by: Representatives Napoli and Duniphan and Senators Moore and Apa

FOR AN ACT ENTITLED, An Act to exempt certain nonprofit water systems from the one-call notification system.

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

HB 1086 Introduced by: Representative Napoli and Senator Drake

FOR AN ACT ENTITLED, An Act to permit municipalities to transfer certain revenues to school districts.

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

HB 1087 Introduced by: Representatives Slaughter, Hennies (Thomas), Jensen, Lange, and Rhoden and Senator Sutton (Dan)

FOR AN ACT ENTITLED, An Act to provide for the consolidation of road districts.

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

HB 1088 Introduced by: Representatives Davis, Bartling, Broderick, Hennies (Thomas), Nachtigal, Napoli, Olson (Mel), Peterson (Bill), and Solum and Senators McCracken, Albers, Brosz, Brown (Arnold), Everist, Ham, Hutmacher, Koetzle, Madden, McIntyre, Munson, and Reedy

FOR AN ACT ENTITLED, An Act to require the provision of health insurance coverage for diagnostic screening for prostate cancer.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1089 Introduced by: Representatives Olson (Mel) and Sebert and Senator Olson (Ed)

FOR AN ACT ENTITLED, An Act to restrict the sale or rental of certain movies and music to minors.

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

HB 1090 Introduced by: Representatives Duniphan, Abdallah, Flowers, Hennies (Thomas), Jaspers, Konold, Peterson (Bill), Smidt, and Solum and Senators Albers, Apa, and Olson (Ed)

FOR AN ACT ENTITLED, An Act to provide for maintenance of and accessibility to concealed pistol permit information by law enforcement.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1049: FOR AN ACT ENTITLED, An Act to authorize circuit courts to adjudicate paternity and establish custody in notice of support debt proceedings.

Was read the second time.

The question being "Shall HB 1049 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Richter

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 1054: FOR AN ACT ENTITLED, An Act to revise provisions regarding the crime victims' compensation program.

Was read the second time.

The question being "Shall HB 1054 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Duenwald; Richter

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 1031: FOR AN ACT ENTITLED, An Act to require workers' compensation third party administrators to become licensed and registered and to provide for standards for the continued registration of third party administrators.

Was read the second time.

The question being "Shall HB 1031 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Duenwald

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 1033: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the real estate licensing examination.

Was read the second time.

The question being "Shall HB 1033 pass?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Nays:
Kloucek

Excused:
Duenwald

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 1034: FOR AN ACT ENTITLED, An Act to repeal an exemption from a requirement for real estate licensee errors and omissions insurance.

Was read the second time.

The question being "Shall HB 1034 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Duenwald

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 1035: FOR AN ACT ENTITLED, An Act to change the filing requirements for annual and quarterly statements of the financial condition of foreign and alien insurers.

Was read the second time.

The question being "Shall HB 1035 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Duenwald

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 Pro tempore Michels now presiding.

HB 1037: FOR AN ACT ENTITLED, An Act to revise the rule-making authority for credit insurance.

Was read the second time.

The question being "Shall HB 1037 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Duenwald

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 1009: FOR AN ACT ENTITLED, An Act to revise the procedure for updating the voter registration list.

Was read the second time.

The question being "Shall HB 1009 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

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 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning appointments to office vacancies.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

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 Eccarius now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding liability for violations regarding plant quarantines and to establish certain fees for inspections and issuances of certificates for the movement of plants and plant products.

Was read the second time.

Rep. Van Gerpen moved that HB 1021 be deferred to Wednesday, January 24^th, the 11^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1044: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

Was read the second time.

The question being "Shall HB 1044 pass?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Nays:
Begalka; Klaudt; Monroe

Excused:
Brown (Jarvis)

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 1048: FOR AN ACT ENTITLED, An Act to authorize the secretary of revenue to revoke the license of a tobacco distributor or wholesaler for failure to provide certain information.

Was read the second time.

The question being "Shall HB 1048 pass?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Nays:
Kloucek; Napoli

Excused:
Brown (Jarvis)

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 1008: FOR AN ACT ENTITLED, An Act to restrict certain school district transfers.

Was read the second time.

Rep. Kloucek moved that HB 1008 be amended as follows:

On page 1 of the printed bill, delete lines 3 to 6 , inclusive, and insert:

" Section 1. That § 13-16-26.2 be repealed.

~~13-16-26.2. Notwithstanding the provisions of § 13-16-26, no school district may transfer any funds, exclusive of federal funds, from the general fund to the capital outlay fund.~~ ".

A roll call vote was requested and supported.

The question being on Rep. Kloucek's motion that HB 1008 be amended.

And the roll being called:

Yeas 25, Nays 44, Excused 1, Absent 0

Yeas:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Thomas); Holbeck; Hundstad; Kloucek; Kooistra; Lange; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Sigdestad; Valandra; Van Norman

Nays:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

Excused:
Clark

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

Rep. Mel Olson moved that HB 1008 be amended as follows:

On page 1, after line 6 of the printed bill, insert:

" Section 2. The restriction provided for in this Act does not apply to transfers to the bond redemption fund which are necessary to meet the payment of bonds.".

Rep. Richard Brown moved that HB 1008 with pending amendment be deferred to Thursday, January 18^th, the 7^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1067: FOR AN ACT ENTITLED, An Act to prohibit school boards from employing any person whose certificate has been revoked or suspended.

Was read the second time.

Rep. Kooistra moved that HB 1067 be amended as follows:

On page 1 , line 6, after " revoked " insert "for reasons of gross immorality".

On page 1 , line 7, before " 13-42-10 " insert "for the conviction of a crime pursuant to § ".

On page 1 , line 7, delete " or during the term of a suspension pursuant to § 13-42-9 " .

Rep. Duniphan moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Kooistra's motion that HB 1067 be amended.

And the roll being called:

Yeas 34, Nays 35, Excused 0, Absent 1

Yeas:
Bartling; Bradford; Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; McCoy; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Pummel; Rhoden; Sigdestad; Sutton (Duane); Van Gerpen; Van Norman

Nays:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Heineman; Holbeck; Hunhoff; Jaspers; Juhnke; Konold; Lintz; Madsen; McCaulley; Michels; Monroe; Napoli; Pederson (Gordon); Peterson (Jim); Pitts; Richter; Sebert; Slaughter; Smidt; Solum; Teupel; Van Etten; Wick; Speaker Eccarius

Absent:
Valandra

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

The question being "Shall HB 1067 pass?"

And the roll being called:

Yeas 47, Nays 23, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Konold; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Teupel; Valandra; Van Etten; Wick; Speaker Eccarius

Nays:
Bartling; Bradford; Burg; Clark; Davis; Flowers; Gillespie; Hanson (Gary); Hennies (Don); Hundstad; Klaudt; Kloucek; Koistinen; Kooistra; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Rhoden; Sigdestad; Solum; Van Gerpen; Van Norman

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 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to school consolidation.

Was read the second time.

Rep. Garnos moved that HB 1069 be deferred to Thursday, January 18^th, the 7^th legislative day.

Which motion prevailed and the bill was so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 45: FOR AN ACT ENTITLED, An Act to allow alcohol beverage license suspension or revocation hearings to be held in a location other than the county where the license has been applied for or has been issued.

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

SB 65: FOR AN ACT ENTITLED, An Act to clarify that the estates of certain nonresidents are subject to the estate tax.

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

MESSAGES FROM THE SENATE

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Seventy-sixth Legislative Session.

Respectfully,
Patricia Adam, Secretary

Rep. Flowers moved that the House do now adjourn, which motion prevailed and at 3:03 p.m. the House adjourned.

Karen Gerdes, Chief Clerk