JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION




EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 19, 2001

     The House convened at 1:00 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 Robin Litzen.

     Roll Call: All members present except Reps. Duenwald and Elliott who were 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 seventh 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


MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1070 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Scott Eccarius, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1026 and 1030 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1028 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1027 and returns the same with the recommendation that said bill be amended as follows:

1027ja

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

"      Section 1. That § 1-36A-5 be amended to read as follows:

     1-36A-5.   There is hereby created a Board of Vocational Rehabilitation. The board shall be composed of no more than twelve members appointed by the Governor, of which a majority shall be persons who are individuals with disabilities. Each member of the board shall be appointed to serve a term of three years. No member of the board may serve more than two consecutive full terms. No more than seven members of the board may be of the same political party. "

1027jta

     On page 1, line 1 of the printed bill, delete " abolish " and insert "repeal the composition requirements of".

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

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1029 and returns the same with the recommendation that said bill be amended as follows:

1029ja

     On page 1 of the printed bill, delete lines 4 to 10 , inclusive, and insert:

"      Section 1. That § 28-10-25 be amended to read as follows:

     28-10-25.   There is hereby created a Board of Service to the Blind and Visually Impaired. The board shall be composed of no more than twelve members appointed by the Governor, of which a majority shall be persons who are blind or severely visually impaired. Each member of the board shall be appointed to serve a term of three years. No member of the board may serve more than two consecutive full terms. No more than seven members of the board may be of the same political party. ".


1029jta

     On page 1, line 1 of the printed bill, delete " abolish " and insert "allow for a change in the composition of".

     On page 1 , line 2, after " Impaired " insert "and to repeal certain functions of the board".

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

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1066 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 State Affairs respectfully reports that it has had under consideration HB 1059 and returns the same with the recommendation that said bill be amended as follows:


1059oa
     On page 2, after line 2 of the printed bill, insert:

"    Section 3. This Act is repealed on January 1, 2005.".

     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 1052 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Napoli, Vice Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 23, 31, 34, 35, 36, 37, 62, and 63 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


    House Page Resolution 1: Introduced by: Representatives 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; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius


        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Seventy-sixth Legislature of the State of South Dakota to Adam Calhoon, Christi Coburn, Kelli Gehrels, Amy Glasscock, Sarah Gronewold, Sarah Hauser, Stacey Kreger, Robin Litzen, Kelly Peterson, Jill Sandbakken, Ruth Schaeffer, and Aaron Schulte.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Seventy-sixth Legislative Session; and

    WHEREAS, the members of the Seventy-sixth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy-sixth Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

     Rep. Bill Peterson moved that House Page Resolution 1 be adopted.

     Which motion prevailed and the resolution was adopted.

     SCR 3:   A CONCURRENT RESOLUTION,   Supporting the conversion of the underground mine and portions of the surface mining facilities at Homestake Mine in Lead, South Dakota, to a National Underground Science Laboratory operated by the South Dakota School of Mines and Technology for the National Science Foundation.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Transportation on HB 1047 as found on page 96 of the House Journal ; also

     Commerce on HB 1040 as found on pages 96 and 97 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1096   Introduced by:  Representatives Flowers, Hennies (Thomas), Juhnke, Monroe, Olson (Mel), and Pederson (Gordon) and Senators Brown (Arnold), Hutmacher, McCracken, and McIntyre

       FOR AN ACT ENTITLED, An Act to   revise the methods for increasing or decreasing school board size and for creating or eliminating school board representation areas.

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

     HB 1097   Introduced by:  Representatives Michels, Abdallah, and Hennies (Thomas) and Senators Bogue, Albers, Brosz, and Moore

       FOR AN ACT ENTITLED, An Act to   revise the definition of sexual contact.

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

     HB 1098   Introduced by:  Representatives Michels and Hunhoff and Senators Albers and Moore

       FOR AN ACT ENTITLED, An Act to   allow law enforcement officials to use new technological advances in lie detection.

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

     HB 1099   Introduced by:  Representatives Adelstein, Brown (Richard), and Michels and Senators Daugaard, Ham, and Whiting

       FOR AN ACT ENTITLED, An Act to   permit certain persons to solemnize marriages.

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

     HB 1100   Introduced by:  Representatives Adelstein and Brown (Richard) and Senator Ham

       FOR AN ACT ENTITLED, An Act to   provide for a mandatory jail sentence for a second driving under the influence conviction.

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

     HB 1101   Introduced by:  Representative Adelstein and Senator Whiting


       FOR AN ACT ENTITLED, An Act to   clarify the discretion of the court to impose sentences concurrently or consecutively.

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

     HB 1102   Introduced by:  Representative Adelstein and Senator Ham

       FOR AN ACT ENTITLED, An Act to   increase the tax upon the sale of certain alcoholic beverages and to distribute the revenue to the counties.

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

     HB 1103   Introduced by:  Representatives Solum, Davis, McCoy, and Van Etten and Senators Vitter, Brosz, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide certain requirements for prescription labels when a generic drug is dispensed.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1036:   FOR AN ACT ENTITLED, An Act to   prevent commercial drivers from operating commercial motor vehicles while the driver, the commercial motor vehicle, or the motor carrier operation is subject to an out-of-service order.

     Was read the second time.

     The question being "Shall HB 1036 pass?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 3, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; 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; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); 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:
Monroe

     Excused:
Duenwald; Elliott; Peterson (Bill)

     Absent:
Duniphan

     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 1038:   FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     Was read the second time.

     The question being "Shall HB 1038 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; 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; Elliott

     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 1055:   FOR AN ACT ENTITLED, An Act to   revise the time by which an annual identification fee must be paid by certain motor carriers.

     Was read the second time.

     The question being "Shall HB 1055 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; 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; Elliott

     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   subject certain health insurers to risk- based capital requirements.

     Was read the second time.

     The question being "Shall HB 1039 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; 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; Elliott

     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 1041:   FOR AN ACT ENTITLED, An Act to   require fraternal benefit societies to comply with managed care and advertising and solicitation statutes.

     Was read the second time.

     The question being "Shall HB 1041 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; 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; Elliott

     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 1042:   FOR AN ACT ENTITLED, An Act to   revise small employer health plan requirements by clarifying the definition of a small employer, exceptions to issuing a policy, rating provisions and minimum participation requirements, and by deleting obsolete references relating to basic and standard plans.

     Was read the second time.

     The question being "Shall HB 1042 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; 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; 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:
Monroe

     Excused:
Duenwald; Elliott

     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 1058:   FOR AN ACT ENTITLED, An Act to   modify the daily and possession fish limits permitted for holders of a nonresident family fishing license.

     Was read the second time.

     The question being "Shall HB 1058 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; 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; Elliott


     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 1006:   FOR AN ACT ENTITLED, An Act to   adjust the use of the capital outlay fund.

     Was read the second time.

     The question being "Shall HB 1006 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; 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

     Nays:
Richter

     Excused:
Duenwald; Elliott

     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 1018:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Health to establish a program for processing waiver requests for international medical graduates and to establish a fee for processing waiver requests.

     Was read the second time.

1018ta

     Rep. Kloucek moved that HB 1018 be amended as follows:

     On page 1, line 10 of the printed bill, delete " five " and insert "two".
     Which motion lost.

     The question being "Shall HB 1018 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; 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; Elliott

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

     HB 1057:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the law enforcement authority of conservation officers.

     Was read the second time.

     The question being "Shall HB 1057 pass?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; 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; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Hundstad; Kloucek; Napoli; Valandra; Van Norman



     Excused:
Duenwald; Elliott

     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 1064:   FOR AN ACT ENTITLED, An Act to   clarify the law enforcement authority of conservation officers.

     Was read the second time.

     The question being "Shall HB 1064 pass?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jensen; Juhnke; Klaudt; Kloucek; 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; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Hundstad; Jaspers; Napoli; Valandra; Van Norman

     Excused:
Duenwald; Elliott

     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.

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

     Rep. Bill Peterson moved that HB 1069 be deferred to Monday, January 22nd, the 9th legislative day.

     Which motion prevailed and the bill was so deferred.


     HB 1056:   FOR AN ACT ENTITLED, An Act to   increase the penalty for violation of certain fur dealer license requirements.

     Was read the second time.

     Rep. Kloucek moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1056 pass?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duniphan; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jensen; Juhnke; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; Michels; Monroe; Murschel; Nesselhuf; Pederson (Gordon); Peterson (Bill); Pitts; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Burg; Davis; Flowers; Gillespie; Hargens; Hennies (Don); Hundstad; Jaspers; Klaudt; Kloucek; Lange; McCoy; Nachtigal; Napoli; Olson (Mel); Peterson (Jim); Pummel; Sigdestad; Valandra; Van Norman

     Excused:
Duenwald; Elliott

     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 1061:   FOR AN ACT ENTITLED, An Act to   prohibit certain persons from applying for a hunting, fishing, or trapping license, to provide for an automatic revocation of any such license or privilege, and to provide for a penalty for a violation thereof.

     Was read the second time.

     Rep. McCaulley moved that HB 1061 be deferred to Monday, January 22nd, the 9th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1071:   FOR AN ACT ENTITLED, An Act to   revise the time criterion for the termination of certain liens and encumbrances.



     Was read the second time.

     The question being "Shall HB 1071 pass as amended?"

     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; 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; Elliott

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

     Rep. Bill Peterson moved that HB 1022, 1023, 1024, 1062, 1063, and 1001 be deferred to Monday, January 22nd, the 9th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 23:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the filing of marriage records and rule-making authority regarding vital records.

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

     SB 31:   FOR AN ACT ENTITLED, An Act to   revise certain requirements of the Division of Rehabilitation Services in contested cases.

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

     SB 34:   FOR AN ACT ENTITLED, An Act to   allow weights and measures inspections to be performed biennially.



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

     SB 35:   FOR AN ACT ENTITLED, An Act to   require insurance producers to sell only investments authorized pursuant to certain provisions.

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

     SB 36:   FOR AN ACT ENTITLED, An Act to   revise nonrenewal and preexisting condition provisions and to correct outdated references for health insurance plans.

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

     SB 37:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for continuation and conversion of employer health plans.

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

     SB 62:   FOR AN ACT ENTITLED, An Act to   repeal certain penalties against persons teaching in nonpublic schools.

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

     SB 63:   FOR AN ACT ENTITLED, An Act to   revise the definition of illegal substances for purposes of revoking or refusing to issue a certificate to a teacher or administrator.

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

     Rep. Clark moved that the House do now adjourn, which motion prevailed and at 2:23 p.m. the House adjourned.

Karen Gerdes, Chief Clerk