JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



TWENTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 9, 2001

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker Pro tempore presiding.

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by House page Elizabeth Pajl.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-second day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair

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


February 8, 2001

Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1013, 1023, 1027, 1029, 1053, 1064, and 1078, 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 Government Operations and Audit respectfully reports that it has had under consideration SB 105 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1291 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1111 and returns the same with the recommendation that said bill be amended as follows:

1111jb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as follows:

     The department shall issue a teaching certificate to an applicant who has been offered employment by a South Dakota state accredited school if the applicant satisfies the following criteria:

             (1)    The applicant holds a master's or doctoral degree awarded by an accredited graduate program or holds a bachelor's degree and has at least five years of work experience;

             (2)    The applicant's degree and work experience are in a field relating to the subject to be taught or the applicant is able to demonstrate competency and ability in the subject to be taught;

             (3)    The applicant is enrolled in an alternative certification program of not more than one hundred sixty classroom hours as prescribed by the South Dakota Board of Education and participates in a mentoring program during the regular school term in accordance with a program of instruction and mentoring established by the department; and

             (4)    The applicant successfully completes a final evaluation by the department.

     Section 2. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as follows:

     The department shall issue an instructor's certificate to any applicant who has been offered employment by a South Dakota state accredited school of not more than twenty-five percent of the school day if the applicant satisfies the following criteria:

             (1)    The applicant has a bachelor's degree with course work equivalent to a major in the subject to be taught; and

             (2)    The applicant participates in a mentoring program during the regular school term in accordance with a program of instruction and mentoring to be established by the department."

1111cta

     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "provide for alternative teacher certification.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1228 and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1197 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1005 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HCR 1003 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 22, 25, 154, and 245, which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Yesterday, Rep. Derby announced his intention to reconsider the vote by which HB 1204 was lost.

     No member moved to reconsider the vote by which HB 1204 was lost.

     Rep. Eccarius moved that HB 1228 be referred from the Committee on Education to the Committee on Judiciary.

     Which motion prevailed and the bill was so referred.

     HCR 1006   Introduced by:  Representatives Kloucek, Bartling, Bradford, Elliott, Gillespie, and Van Norman and Senators Volesky, Hutmacher, and Putnam

         A CONCURRENT RESOLUTION,  Urging the establishment of the Lewis and Clark Bicentennial Commemoration Commission.

     WHEREAS,  the bicentennial commemoration of the Lewis and Clark expedition will take place from 2004 through 2006 and is expected to attract ten percent of the nation's population; and

     WHEREAS,  the Lewis and Clark Trail follows the Missouri River from its mouth to its source in the Rocky Mountains, to the mouth of the Columbia River, and back again, traveling through the State of South Dakota for approximately three hundred sixty miles; and

     WHEREAS,  the various federal, state, tribal, county, and city agencies within South Dakota must work together to prepare for the expected increased visitation during the bicentennial; and

     WHEREAS,  South Dakota will host the 2001 annual meeting of the Lewis and Clark Trail Heritage Foundation that will showcase the state's resources to Lewis and Clark followers from across the nation, who will take the story of the state's hospitality and services back home; and

     WHEREAS,  South Dakota is the only state along the trail route that does not have an established Lewis and Clark Bicentennial Commemoration Commission, since all work toward this effort is currently being done by the Department of Tourism:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that a Lewis and Clark Bicentennial Commemoration Commission be established within the state consisting of members from various federal, state, tribal, county, city, and private entities along the trail that will be impacted.

     Was read the first time and the Speaker waived the committee referral.

     HCR 1007   Introduced by:  Representatives Kloucek, Bartling, Begalka, Bradford, Burg, Elliott, Flowers, Frost, Fryslie, Hanson (Gary), Hundstad, Hunhoff, Jensen, Klaudt, Murschel, Nachtigal, Rhoden, Van Gerpen, and Van Norman and Senators Symens, Bogue, Dennert, Diedrich (Larry), Drake, Kleven, McIntyre, Putnam, Sutton (Dan), and Volesky

         A CONCURRENT RESOLUTION,  Requesting the federal government to honor certain state meat inspections in interstate commerce.

     WHEREAS,  South Dakota's state meat inspection program has an excellent safety record indicating that the meat slaughtered and processed in South Dakota under state inspection is wholesome and safe for human consumption; and

     WHEREAS,  state meat inspection programs are flexible and can tailor their activities to provide services to small, local meat processors that cannot be duplicated by the federal

inspection program because of its size and complexity and because of the lengthy time period needed for the federal bureaucracy to respond; and

     WHEREAS,  federal law prohibits products that are inspected solely by a state inspection program from entering interstate commerce and being sold across state lines, a situation that inhibits economic development and value-added agricultural activities in this nation's agricultural sector; and

     WHEREAS,  obtaining federal meat inspection can be a costly and time-consuming process for a small-scale, local processor or locker or for a small plant that produces "ethnic meat products" or other specialty products. Under current law, many of these small-scale operations operate under state inspection and consequently are not allowed to ship their products across state lines; and

     WHEREAS,  the current system results in a number of inconsistencies that are unfair to small-scale processors. For example, imported foreign meats are federally inspected but under oversight that is less stringent than in state inspection programs, while other types of state- inspected specialty meats, such as ostrich, deer, and bison are allowed in interstate commerce even though they are not federally regulated; and

     WHEREAS,  the current meat inspection system is inequitable in many ways for small-scale, local meat processors and could be significantly improved and made more efficient by allowing state-inspected meat products to enter interstate commerce:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the United States Congress and the United States Department of Agriculture to revise federal policy and federal law to authorize state-inspected meat to enter interstate commerce, particularly in situations involving small-scale, local meat processors.

    Was read the first time and the Speaker waived the committee referral.

     HCR 1008   Introduced by:  Representatives Jensen, Bartling, Begalka, Bradford, Burg, Elliott, Flowers, Frost, Fryslie, Hanson (Gary), Hundstad, Hunhoff, Klaudt, Kloucek, Lintz, Nachtigal, Olson (Mel), Peterson (Jim), Rhoden, Sigdestad, and Van Norman and Senators Symens, Bogue, Dennert, Diedrich (Larry), Duxbury, Koskan, Putnam, and Volesky

         A CONCURRENT RESOLUTION,  Supporting mandatory country of origin labeling for agricultural products.

     WHEREAS,  the dramatic increase in the incidence of Bovine Spongiform Encephalopathy in Europe has promoted the World Health Organization to declare its "exposure worldwide" thus critically threatening the safety of our food supply; and

     WHEREAS,  a labeling system that enhances traceability and accountability will help insure the safe consumption of food; and
     WHEREAS,  the taxpaying consumers have made a huge investment in food safety and have the right to know where their food is produced; and

     WHEREAS,  U.S. growers and producers are subject to numerous regulations designed to protect food safety, our environment, and the welfare of our workers, and co-mingling of food produced and processed under these rigorous standards with food from every other source is a practice that undermines the credibility of our food system:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature urges Congress to enact legislation that mandates country of origin labeling for meat, dairy products, and produce; requires that products labeled "U.S. Produced" be produced, born, raised, or processed completely in the United States; and that prohibits any product that enters the United States, partially processed or blended from obtaining a "USDA INSPECTED" label.

    Was read the first time and the Speaker waived the committee referral.

     HCR 1009   Introduced by:  Representatives Rhoden, Bartling, Bradford, Burg, Elliott, Flowers, Hundstad, Hunhoff, Kloucek, Nachtigal, Sigdestad, and Van Norman and Senators Bogue, Dennert, and Kleven

         A CONCURRENT RESOLUTION,  Requesting the enforcement of laws to protect livestock producers from unfair competition.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     WHEREAS,  the federal Packers and Stockyards Act was enacted to protect livestock producers from unfair competition and monopolistic practices; and

     WHEREAS,  all livestock producers, regardless of size, should have equal access to markets that do not discriminate against family-farm livestock producers; and

     WHEREAS,  an investigation by the United States General Accounting Office concluded that the Grain Inspection, Packers and Stockyards Administration which investigates anti- competitive behavior in the livestock industry, lacks the expertise and training to perform its duties:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the United States Department of Agriculture to enforce existing laws and establish guidelines to protect all livestock producers from unfair competition, price discrimination, and monopolistic behavior and requests Congress to increase funding to the Grain Inspection, Packers and Stockyards Administration and to restore that agency's expertise and credibility required to administer its duties of ensuring fair competition.

     Was read the first time and the Speaker waived the committee referral.


     HCR 1010   Introduced by:  Representatives Kloucek, Bartling, Jensen, and Nachtigal and Senators Koetzle, Bogue, Duxbury, McIntyre, Sutton (Dan), and Symens

         A CONCURRENT RESOLUTION,  Urging Congress to assign liability associated with genetically modified organisms.

     WHEREAS,  genetic engineering and the use of genetically modified organisms (GMOs) have significantly increased the economic uncertainty of family farmers in the United States and worldwide; and

     WHEREAS,  American farmers have lost critical markets which are closed to genetically engineered products; and

     WHEREAS,  corporate control of the seed supply threatens farmers' independence; and

     WHEREAS,  farmers currently face the prospect of legal and financial liability due to genetic contamination of non-GMO crops and other potential losses such as environmental or ecological damage:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that Congress be urged to pass new legislation that places liability for all economic and environmental damages caused by GMO seeds on the companies that develop and manufacture them.

     Was read the first time and the Speaker waived the committee referral.

     HCR 1011   Introduced by:  Representatives Kloucek, Bartling, Begalka, Hanson (Gary), Nachtigal, Peterson (Jim), and Sigdestad and Senators Symens, Dennert, McIntyre, Sutton (Dan), and Volesky

         A CONCURRENT RESOLUTION,  Requesting Congress to prohibit certain genetically engineered seed.

     WHEREAS,  Terminator gene technology, the genetic engineering process that renders a seed incapable of naturally producing second generation seed, threatens the ability of nations to feed themselves as over 1.4 billion people depend on farm-saved seeds developed over hundreds of years to meet the climatic and soil variables for their particular country; and

     WHEREAS,  the publicly-funded United States Department of Agriculture (USDA), through contractual arrangements with private corporate entities, has helped develop and promote this dangerous technology that has no agronomic benefits and solely enhances seed industry profits; and

     WHEREAS,  the USDA's role in the commercialization of Terminator technology is a threat to our environment, biodiversity, and food security and is morally unacceptable; and


     WHEREAS,  this technology promotes global consolidation and control through the restricted ownership by a few giant seed and germ plasm companies thus endangering independent farming operations and food security worldwide:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the United States Congress to enact legislation prohibiting the sale, distribution, or use of nongerminating genetically engineered seed rendered incapable of producing second generation seed by terminator gene technology, and authorizing the Secretary of Agriculture to impose a civil penalty for violating the prohibition on the sale, distribution, or use of nongerminating genetically engineered seed.

     Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Agriculture and Natural Resources on HB 1169 as found on pages 400 and 401 of the House Journal ; also

     Agriculture and Natural Resources on HB 1201 as found on page 401 of the House Journal ; also

     State Affairs on HB 1221 as found on page 402 of the House Journal ; also

     State Affairs on HB 1180 as found on pages 402 and 403 of the House Journal ; also

     State Affairs on HB 1280 as found on page 403 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1193:   FOR AN ACT ENTITLED, An Act to   provide procedures for initiating proposals for cooperation or consolidation as authorized by Constitutional Amendment B as agreed to by the voters of South Dakota during the 2000 general election.

     Was read the second time.

     The question being "Shall HB 1193 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 1, 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; 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

     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 1222:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding telephone and telegraph corporations.

     Was read the second time.

     The question being "Shall HB 1222 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 1224:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to motor vehicle service contracts, mechanical breakdown insurance, and maintenance agreements.

     Was read the second time.

     The question being "Shall HB 1224 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1294:   FOR AN ACT ENTITLED, An Act to   provide a financial incentive for school districts to consolidate.

     Was read the second time.

1294dd

     Rep. Teupel moved that HB 1294 be amended as follows:

     On page 1, between lines 11 and 12 of the House Education Committee engrossed bill, insert:

"      Section 4. The restriction on transfers imposed by §  13-16-26.2 does not apply to any money received by a school district under the provisions of this Act.".


     Which motion prevailed and HB 1294 was so amended.

     The question being "Shall HB 1294 pass as amended?"

     And the roll being called:


     Yeas 43, Nays 25, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Jaspers; Jensen; Juhnke; Koistinen; Konold; Lange; Madsen; McCaulley; McCoy; Michels; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Richter; Sebert; Sigdestad; Smidt; Sutton (Duane); Teupel; Wick; Speaker Eccarius

     Nays:
Begalka; Bradford; Burg; Duenwald; Duniphan; Fryslie; Heineman; Hundstad; Hunhoff; Klaudt; Kloucek; Kooistra; Lintz; Murschel; Napoli; Pederson (Gordon); Pitts; Pummel; Rhoden; Slaughter; Solum; Valandra; Van Etten; Van Gerpen; Van Norman

     Excused:
Davis; Peterson (Bill)

     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 1194:   FOR AN ACT ENTITLED, An Act to   increase certain penalties for unlawful use of computers and computer networks.

     Was read the second time.

     Rep. Smidt moved that HB 1194 be deferred to Wednesday, February 14th, the 26th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1274:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the operation of child welfare agencies and registered and unregistered family day care homes.

     Was read the second time.

     The question being "Shall HB 1274 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Elliott; Flowers; 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; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); 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:
Frost; McCoy; Monroe; Pederson (Gordon)

     Excused:
Bradford; Davis; Peterson (Bill)

     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 1216:   FOR AN ACT ENTITLED, An Act to   revise the procedure for filing for a property tax credit for renewable resource energy systems.

     Was read the second time.

     The question being "Shall HB 1216 pass?"

     And the roll being called:

     Yeas 57, Nays 10, Excused 3, Absent 0

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

     Nays:
Derby; Duenwald; Frost; Garnos; Hunhoff; Jensen; Koistinen; McCoy; Napoli; Sutton (Duane)

     Excused:
Davis; Peterson (Bill); 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 1223:   FOR AN ACT ENTITLED, An Act to   clarify how the motor vehicle excise tax is calculated on certain leased vehicles.

     Was read the second time.

     The question being "Shall HB 1223 pass?"

     And the roll being called:

     Yeas 65, Nays 3, 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; Murschel; Nachtigal; 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; Wick; Speaker Eccarius

     Nays:
Monroe; Napoli; Van Norman

     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 1261:   FOR AN ACT ENTITLED, An Act to   revise the term of employment for a county highway superintendent.

     Was read the second time.

     The question being "Shall HB 1261 pass?"

     And the roll being called:

     Yeas 20, Nays 48, Excused 2, Absent 0

     Yeas:
Bartling; Bradford; Brown (Jarvis); Burg; Davis; Gillespie; Hargens; Holbeck; Hundstad; Hunhoff; Lintz; Monroe; Nesselhuf; Olson (Mel); Rhoden; Sebert; Sigdestad; Smidt; Valandra; Van Norman

     Nays:
Abdallah; Adelstein; Begalka; Broderick; Brown (Richard); Clark; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Slaughter; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Duenwald; Richter

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 22:   FOR AN ACT ENTITLED, An Act to   allow for the additional public distribution of sex offender information.

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

     SB 25:   FOR AN ACT ENTITLED, An Act to   require the use of safety seat belts by passenger vehicle occupants.

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

     SB 154:   FOR AN ACT ENTITLED, An Act to   increase the penalty for practicing law without a license.

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

     SB 245:   FOR AN ACT ENTITLED, An Act to   create a health care access and preservation trust fund and to provide that earnings from the fund be used for certain health care purposes.

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 76:   FOR AN ACT ENTITLED, An Act to   revise the provisions concerning vetoes and overrides in the aldermanic form of government.

     Was read the second time.

     The question being "Shall SB 76 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; 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; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Richter; Smidt

     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 Judiciary respectfully reports that it has had under consideration HB 1202 and 1275 and SB 29 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 80 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 Judiciary respectfully reports that it has had under consideration HB 1241 and returns the same with the recommendation that said bill be amended as follows:


1241rc
     On page 2 of the printed bill, delete lines 12 to 14 , inclusive, and insert:

             " (3)    Who willfully, maliciously, and repeatedly harasses another person by means of any verbal, electronic, mechanical, telegraphic, or written communication; ".
1241rb
     On page 1 of the printed bill, delete lines 4 to 13 , inclusive.

     On page 2 , delete lines 1 to 6 , inclusive.
1241rta

     On page 1, line 1 of the printed bill, delete " certain crimes " and insert "the elements of the crime of stalking".

     On page 1 , line 2, delete " threatening or " .

     And that as so amended said bill do pass.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1080, 1087, 1088, 1128, and 1156 were delivered to his Excellency, the Governor, for his approval at 4:15 p.m., February 8, 2001.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of HB 1030, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor at 12:40 p.m., February 9, 2001.

Respectfully submitted,
Scott Eccarius, Chair

     Speaker Eccarius now presiding.

SIGNING OF BILLS


     The Speaker publicly read the title to

     SB 91: FOR AN ACT ENTITLED, An Act to  exempt certain school district employees from the requirement for certain background checks.

     SB 93: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the investment of permanent school funds and to declare an emergency.

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

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

     And signed the same in the presence of the House.

     Rep. Don Hennies moved that the House do now adjourn, which motion prevailed and at 2:03 p.m. the House adjourned.

Karen Gerdes, Chief Clerk