JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



SEVENTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 1, 2001

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

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Melanie Lubinus.

     Roll Call: All members present except Rep. Hundstad 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 sixteenth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS


January 31, 2001

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved HB 1010, 1049, and 1054, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1170 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill be amended as follows:

1019fb

     On page 1, line 15 of the printed bill, delete everything after " dollars. " and insert " A seed dealer's permit may be issued without fee when all lots of seed are furnished to him by seedsman or seed producer with ".

     On page 2 , delete line 1 .

     On page 2 , overstrike line 2 .

     On page 2 , line 3, delete " the seed dealers permit as part of their application. " and insert " the seed dealers permit as part of their application. ".

     On page 2 , line 17, delete " January " and insert " February ".

     On page 2 , line 17, delete " following the year of the date of issue " .

     On page 3 , delete lines 8 to 18 , inclusive.
     On page 3 , line 21, delete " twenty-five " and insert " eleven ".

     On page 4 , line 1, delete " annual biennial " and insert "annual".

     On page 4 , line 2, delete " one dollar two dollars " and insert "one dollar".

     On page 9 , line 19, overstrike " to nonlicensees " .

     On page 10 , overstrike line 5 .

     On page 10 , line 6, overstrike " from the inspection fee. " .

     On page 16 , line 1, after " nurseryman " insert " , operating as a resident nurseryman or dealer, ".

     On page 16 , line 2, overstrike " : " and insert " one hundred fifty dollars plus four dollars for each acre over one acre of inspected plants. A conservation district that plants less than thirty acres of nursery stock in a year may obtain a certificate of inspection at the reduced fee of one hundred dollars. ".

     On page 16 , delete lines 3 to 6 , inclusive, and insert:

             " (1)    Resident nurseryman: thirty dollars plus thirty cents for each acre of growing field;

             (2)    Special nurseryman: ten dollars;

             (3)    Dealer: thirty dollars; and ".

     On page 16 , line 12, delete " two hundred " and insert " one hundred fifty ".

     On page 16 , line 20, delete " two hundred " and insert " one hundred fifty ".

     On page 16 , line 20, delete " thirty cents " and insert " thirty cents two ".

     On page 16 , line 21, delete " thirty cents " and insert " thirty cents two ".

     On page 19 , after line 18, insert

"      Section 36. That § 38-18-27 be amended to read as follows:

     38-18-27.   Any person may request to enter into a compliance agreement with the secretary or that the secretary make additional inspections of bees, bee equipment, or honey houses. The person requesting the agreement or the shall pay a fee of fifty dollars per compliance agreement. If an inspection is conducted, the person requesting the inspection shall pay the secretary any extra expense incidental to such inspection plus mileage and per diem for inspectors' expenses.

     Section 37. That § 38-19-12 be amended to read as follows:


     38-19-12.   Each licensed distributor of commercial fertilizer shall file with the secretary of agriculture on forms furnished by the secretary an annual statement for the period ending December thirty-first setting forth the number of net tons of each grade of commercial fertilizer distributed in this state during the reporting period. The report is due on or before the thirtieth of January following the close of the reporting period and on the basis of his the statement each licensed distributor of commercial fertilizer shall pay the inspection fee at the rate stated in pursuant to §   38-19-10. If more than one person is involved in the distribution of a commercial fertilizer, the distributor who imports, manufactures, or produces the commercial fertilizer is responsible for the inspection fee on products produced or brought into this state. The distributor shall separately list the inspection fee on the invoice to the licensee. The last licensee shall retain the invoices showing proof of inspection fees paid for three years and shall pay the inspection fee on commercial fertilizer brought into this state or produced before July 1, 2001, unless the distributor has reported and paid the fees. If the tonnage report is not filed and the payment of inspection fee is not made within thirty days after the end of the period, a collection fee amounting to ten percent (minimum ten dollars) of the amount shall be assessed against the licensee and the amount of fees due constitutes a debt and becomes the basis of a judgment against the licensee. The secretary may verify the records on which statements of tonnage are based and each licensed distributor of commercial fertilizer shall grant the secretary permission to verify the records on his the licensee's application for license and on each tonnage report. If more than one licensee is involved in a commercial fertilizer distribution chain, the last licensee who distributes commercial fertilizer to a nonlicensee is responsible for filing the tonnage report and paying the inspection fee. The secretary may , at his discretion, revoke or refuse to renew the license of any licensee failing to comply with this section. No information furnished under this section may be disclosed by the secretary or his agents or anyone having access to tonnage reports if the disclosure will in any way divulge any part of the operations of a licensee.

     Section 38. That § 38-24B-14 be amended to read as follows:

     38-24B-14.   A certificate issued pursuant to the provisions of this chapter is in effect for a period not to exceed one year two years and expires on December thirty-first of the year following the date of issue. ".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1136 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jay L. Duenwald, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1006, 1036, 1038, 1058, and 1063 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1023, 1056, and 1064 which have 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 39, 42, 57, 100, 107, 115, 117, 135, 139, 141, and 148 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 rules be suspended for the sole purpose of introducing, giving first reading, and referring to committee a bill relating to the transfer of funds from the South Dakota Public Utilities Commission gross receipts tax fund for home heating assistance funding, to make an appropriation therefor, and to declare an emergency.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of introducing, giving first reading, and referring to committee a bill relating to the transfer of funds from the South Dakota Public Utilities Commission gross receipts tax fund for home heating assistance funding, to make an appropriation therefor, and to declare an emergency.

     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; 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:
Hundstad

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried.

     Rep. Jarvis Brown moved that the House do concur in Senate amendments to HB 1078.

     The question being on Rep. Jarvis Brown's motion that the House do concur in Senate amendments to HB 1078.

     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; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; 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; Wick; Speaker Eccarius

     Excused:
Hundstad; Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Yesterday, Rep. Derby announced his intention to reconsider the vote by which HB 1134 was lost.

     Rep. Derby moved that the House do now reconsider the vote by which HB 1134 was lost.

     The question being on Rep. Derby's motion to reconsider the vote by which HB 1134 was lost.

     And the roll being called:

     Yeas 59, Nays 10, Excused 1, Absent 0

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

     Nays:
Begalka; Duenwald; Fryslie; Hennies (Don); Jensen; Juhnke; Klaudt; Kooistra; Sebert; Smidt

     Excused:
Hundstad

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1134 was up for reconsideration and final passage.

     Rep. Derby moved that HB 1134 be deferred to Monday, February 5th, the 19th legislative day.

     Which motion prevailed and the bill was so deferred.

     Rep. Bill Peterson moved that HCR 1004 be referred to the Committee on State Affairs.

     Which motion prevailed and the resolution was so referred.

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m., Friday, February 2nd, the 18th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Education on HB 1196 as found on page 280 of the House Journal ; also


     Education on HB 1149 as found on pages 280 and 281 of the House Journal ; also

     Health and Human Services on HB 1002 as found on page 281 of the House Journal ; also

     Judiciary on HB 1126 as found on page 282 of the House Journal ; also

     Transportation on HB 1249 as found on pages 297 and 298 of the House Journal ; also

     Transportation on HB 1236 as found on page 298 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Rules Suspended)

      HB 1297   Introduced by:  Representatives Peterson (Bill), Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Davis, Derby, Duenwald, Duniphan, Eccarius, Elliott, Flowers, Frost, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, 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 (Jim), Pitts, Pummel, Rhoden, Richter, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Valandra, Van Etten, Van Gerpen, Van Norman, and Wick and Senators Hutmacher, Albers, Apa, Bogue, Brosz, Brown (Arnold), Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hainje, Ham, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Sutton (Dan), Symens, Vitter, Volesky, and Whiting

       FOR AN ACT ENTITLED, An Act to   transfer funds from the South Dakota Public Utilities Commission gross receipts tax fund for home heating assistance funding, to make an appropriation therefor, and to declare an emergency.

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


SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Teupel requested that HB 1146 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1124:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to township financial reports.

     Was read the second time.

     The question being "Shall HB 1124 pass as amended?"

     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; 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:
Hundstad

     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 1118:   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.

     Was read the second time.

     The question being "Shall HB 1118 pass?"

     And the roll being called:

     Yeas 57, Nays 10, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; 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; Van Norman; Wick; Speaker Eccarius

     Nays:
Burg; Flowers; Gillespie; Hargens; Klaudt; Kloucek; Monroe; Nachtigal; Napoli; Valandra

     Excused:
Davis; Hundstad

     Absent:
Lange

     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 1173:   FOR AN ACT ENTITLED, An Act to   establish South Dakota Statehood Day as a working holiday.

     Was read the second time.

1173oa

     Rep. Juhnke moved that HB 1173 be amended as follows:

     On page 1, line 7 of the printed bill, after " to " insert "the".

     On page 1 , line 9, delete everything after " 1889 " and insert ". This day will be to reflect on the history and the heritage of the state.".

     On page 1 , delete line 10 .

     Which motion prevailed and HB 1173 was so amended.

     The question being "Shall HB 1173 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; 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; Wick; Speaker Eccarius

     Nays:
Kloucek; Kooistra; Van Norman

     Excused:
Bradford; Hundstad

     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 1154:   FOR AN ACT ENTITLED, An Act to   clarify the application of certain driving privilege penalties with regard to juvenile adjudications.

     Was read the second time.

     The question being "Shall HB 1154 pass?"

     And the roll being called:

     Yeas 40, Nays 29, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Flowers; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Koistinen; Konold; Madsen; McCaulley; McCoy; Michels; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pummel; Richter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Davis; Elliott; Frost; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Juhnke; Klaudt; Kloucek; Kooistra; Lange; Lintz; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Peterson (Jim); Pitts; Rhoden; Sebert; Sigdestad; Slaughter; Valandra; Van Norman

     Excused:
Hundstad

     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 1157:   FOR AN ACT ENTITLED, An Act to   prohibit the keeping of a place where marijuana is used or distributed.

     Was read the second time.

     The question being "Shall HB 1157 pass?"

     And the roll being called:

     Yeas 57, Nays 12, Excused 1, Absent 0

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

     Nays:
Bradford; Flowers; Klaudt; Kloucek; Lange; Lintz; Monroe; Nachtigal; Napoli; Pitts; Rhoden; Van Norman

     Excused:
Hundstad

     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 39:   FOR AN ACT ENTITLED, An Act to   establish standards for disability insurance.

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

     SB 42:   FOR AN ACT ENTITLED, An Act to   provide for the increase of certain fees for the cosmetology commission.

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

     SB 57:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to anatomical gifts.

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

     SB 100:   FOR AN ACT ENTITLED, An Act to   update the references to the building codes.

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

     SB 107:   FOR AN ACT ENTITLED, An Act to   revise and update certain provisions of the Uniform Commercial Code.

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

     SB 115:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning driver licenses and commercial driver licenses.

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

     SB 117:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to background checks for school district employees.

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

     SB 135:   FOR AN ACT ENTITLED, An Act to   revise the grounds for the refusal, suspension, or revocation of certain veterinary medicine licenses and certificates.

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

     SB 139:   FOR AN ACT ENTITLED, An Act to   clarify provisions relating to the eligibility of certain cooperative members to qualify as a director.

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

     SB 141:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning physician licensure.

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

     SB 148:   FOR AN ACT ENTITLED, An Act to   revise compensation for water user district and sanitary district board members.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 18:   FOR AN ACT ENTITLED, An Act to   revise the state trunk highway system.

     Was read the second time.

     The question being "Shall SB 18 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; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; 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:
Hundstad; McCoy

     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.

     There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1127 and returns the same with the recommendation that said bill be amended as follows:

1127fb
     On page 1, line 8 of the printed bill, delete " fifteen " and insert " thirty ".

     On page 1 , line 8, remove the overstrikes from " On or " .
     On page 1 , remove the overstrikes from lines 9 to 12 , inclusive.

     On page 2 , delete lines 1 to 4 , inclusive.

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1102 and 1137 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Richard "Dick" E. Brown, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1174, 1188, and 1200 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1132 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
J.P. Duniphan, Chair


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 1 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1003 and returns the same with the recommendation that said bill be amended as follows:

1003je
     On page 2, line 7 of the printed bill, delete " 58-17A, 58-17B " and insert "58-17 (except disability income insurance)".

     On page 2 , line 8, after " 58-18 " insert "(except disability income insurance)".

     On page 2 , line 9, after "carrier" delete " , " and insert ".".

     On page 2 , delete line 10 .

     On page 2 , delete lines 18 to 23 , inclusive.

1003jf
     On page 1 of the printed bill, delete lines 5 to 15 , inclusive, and insert:

"

             (1)    "Genetic test," a test of human DNA, RNA, chromosomes, or genes performed in order to identify the presence or absence of an inherited variation, alteration, or mutation which is associated with predisposition to disease, illness, impairment, or other disorder. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; any test commonly accepted in clinical practice; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;".

     On page 2 , delete line 1 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

2jh

     On page 1, line 11 of the Senate engrossed bill, delete everything after " if " and insert ":

             (1)    The employer is a law enforcement agency conducting a criminal investigation; or

             (2)    The employer relies on the test results from genetic information obtained by law enforcement through a criminal investigation, the employer legally acquires the test results, the employer keeps the test results confidential except as otherwise required by law, and the employer uses the test results for the limited purpose of taking disciplinary action against the employee.".

     On page 1 , line 12, delete " investigation. " .
     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1205 and returns the same with the recommendation that said bill be amended as follows:

1205ja
     On page 1, line 14 of the printed bill, after " employing " insert "or associating".

     On page 1 , line 14, after " employed " insert "or associated".

     On page 2 , line 2, after " employed " insert "or associated".

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1218 and returns the same with the recommendation that said bill be amended as follows:

1218ja
     On page 1, line 9 of the printed bill, delete everything after " producer. " .

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

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

            The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1006, 1036, 1038, 1050, 1058, 1063, and 1067 and finds the same correctly enrolled.

Also MR. SPEAKER

         The Committee on Legislative Procedure respectfully reports that HB 1018, 1022, 1026, 1028, 1030, 1051, 1057, 1061, 1066, and 1076 were delivered to his Excellency, the Governor, for his approval at 3:00 p.m., February 1, 2001.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

     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.

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

     HB 1050: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding genetic testing and analysis in paternity cases.

     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.

     HB 1063: FOR AN ACT ENTITLED, An Act to  revise the time required for removal of an ice house from public waters of the state and to revise the time that failure to remove the ice house is deemed abandonment.

     HB 1067: FOR AN ACT ENTITLED, An Act to  prohibit school boards from employing any person whose certificate has been revoked or suspended and to prohibit the suspension of a certificate under certain circumstances.

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

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

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

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

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 3:20 p.m. the House adjourned.

Karen Gerdes, Chief Clerk