House Journal 02/13/2001 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SIXTH SESSION

TWENTY-FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 13, 2001

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

The prayer was offered by the Chaplain, Vicar Karl Böhmer, followed by the Pledge of Allegiance led by House page Andrea Kimball.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

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

HONORED GUESTS

The Speaker introduced former Representative Roger Hunt who served as Speaker of the House in 1999 and 2000. Speaker Hunt was presented a plaque. His portrait, which will be hung in the Speakers' lobby, was unveiled. Speaker Hunt, who was accompanied by his wife, Sharon, spoke briefly.

REPORTS OF STANDING COMMITTEES

The Committee on State Affairs respectfully reports that it has had under consideration HB 1285 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1247 and 1277 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1155 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 3 of the printed bill, delete " public building " and insert " enclosed indoor area used by the general public or serving as a place of work ".

On page 2 , remove the overstrikes from line 4 .

On page 2 , delete line 5 , and insert "named in this section, if the smoking is confined to ~~areas~~ an enclosed room designated as a smoking ~~areas~~ area .".

On page 2 , delete lines 6 to 8, inclusive.

On page 2 , after line 9, insert:

" Section 2. This Act does not apply to the following:

(1) Any place owned and operated by a social, fraternal, or religious organization when used by the membership of the organization, its guests or families;

(2) Any place that is rented or leased for private functions from which the public is excluded and for which arrangements are under the control of the sponsor of the function; or

(3) Any place that is a business and that derives more than fifty percent of its annual gross revenues from gaming or the sale of alcohol.".

That the previously adopted amendment (1155jb) be amended as follows:

At the end of Section 2, after "alcohol" insert "or a combination thereof".

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 1159 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13 of the printed bill, after " prior to " insert " or concurrent with ".

On page 1, line 1 of the printed bill, delete " employee's " and insert "individual's".

On page 1 , line 2, delete " may be withheld from the employee's paycheck " and insert "is contributed to an association".

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 1262 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That § 47-7-34 be amended to read as follows:

47-7-34. The circuit court shall have full power to liquidate the assets and business of a corporation and grant or deny reasonable attorney's fees, whether or not the corporation is liquidated, in an action by a shareholder when it is established:

(1) That the directors are deadlocked in the management of the corporate affairs and the shareholders are unable to break the deadlock, and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or

(2) That the acts of the directors or those in control of the corporation are illegal, oppressive , or fraudulent; or

(3) That the shareholders are deadlocked in voting power, and have failed, for a period which included at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors; or

(4) That the corporate assets are being misapplied or wasted. ".

On page 1, line 1 of the printed bill, delete everything after " to " and insert "allow for reasonable attorney's fees in stockholder litigation.".

On page 1 , delete line 2 .

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 1115 and 1279 and tabled the same.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1001 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1244 and HJR 1003 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1014 and 1016 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13 of the printed bill, delete " four hundred thirty-five thousand dollars ($435,000) " and insert "three hundred fifty thousand dollars ($350,000)".

On page 1 , line 15, delete everything after " Deaf " and insert ".".

On page 2 , delete line 1 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the printed bill, delete " sixty-nine " and insert "seventy-one".

On page 1 , line 12, delete " forty-four million ninety-one " and insert "thirty-eight million three hundred forty-one".

On page 2 , line 4, delete " five hundred " .

On page 2 , line 7, after " renovation " insert "or replacement space".

On page 2 , line 8, after " dollars " insert "provided that, in no event, may the building authority issue bonds for more than two million five hundred thousand dollars, for the Cook classroom renovation or replacement space".

On page 2 , line 9, after " renovation " insert "or replacement space".

On page 2 , line 20, after " remodeling " insert "or replacement space".

On page 3 , line 2, after " renovation " insert "or replacement space".

On page 3 , line 3, delete " thirty " and insert "thirty-two".

On page 3 , line 20, delete " E.O. Lawrence Telecommunications Building " and insert "Al Neuharth Media Center".

On page 4 , line 11, after " project " insert "as provided in § 5-4-13".

On page 4 , between lines 13 and 14, insert:

" Section 6. There is hereby appropriated from the higher education facilities fund established in § 13-51-2 the sum of five million seven hundred fifty thousand dollars for the Cook classroom renovation or replacement space.".

On page 4 , line 14, delete " 2 " and insert "1".

On page 4 , line 18, delete " 3 " and insert "2".

On page 4 , line 23, delete " , if the " and insert ". The".

On page 5 , line 12, after " Authority " insert ", or their designees,".

On page 5 , line 13, after " Regents " insert ", or a designee,".

And that as so amended said bill do pass.

Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1250 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 10 of the printed bill, after " residence " insert " of ".

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 1293 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1139 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1192 and HJR 1005 which were deferred to the 41^st Legislative Day.

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

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1179 and 1267 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1282 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9 of the printed bill, overstrike " one " and insert " five ".

On page 1 , line 12, overstrike " one " and insert " five ".

On page 3 , line 3, delete " one " and insert " five ".

On page 3 of the printed bill, delete line 6 , and insert " provided that the provider of the supply or services is subject to the jurisdiction of the ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1287 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 9 to 19 , inclusive, and insert:

"

any permanent new one-year license shall be determined by the municipality or county. To determine this fee:

(a) The municipality shall set the fee based upon the fair market value of the license and shall consider the sale price of the latest sales of licenses in the municipality;

(b) In the area within three miles of the incorporated limits of each municipality, the county shall set the fee based upon the fair market value of the license and shall consider the sale price of the latest sales of licenses in the nearest municipality;

(c) In the area three or more miles outside the incorporated limits of each municipality, the county shall set the fee based upon the fair market value of the license and shall consider the sale price of the latest sales of licenses in the area of the county that is three miles outside of the incorporated limits of each municipality;

However, the fee in a municipality and within three miles of the incorporated limits of the nearest municipality may not be less than one dollar and fifty cents per resident based upon the number of persons residing within the municipality according to the most recent federal census. The fee in the area of a county that is three or more miles outside of the incorporated limits of each municipality may not be less than one dollar and fifty cents per resident based upon the number of persons residing within the county but outside of each municipality according to the most recent federal census.

The renewal fee for any license issued by a municipality may not be more than fifteen hundred dollars in municipalities of the first class, twelve hundred dollars in municipalities of the second class, and nine hundred dollars in municipalities of the third class. The renewal fee for any license issued outside a municipality may not be more than the fee charged for a like license in the nearest municipality; ".

On page 2 , line 22, overstrike everything after " (6) " .

On page 2 , overstrike lines 23 and 24 .

On page 3 , overstrike line 1 .

On page 3 , delete line 2 , and insert:

" ~~municipality is more than fifteen miles from the on-sale license, the fee shall be~~ ".

On page 3 , overstrike lines 3 to 11 , inclusive.

On page 4 , between lines 9 and 10, insert:

" Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:

If a liquor license issued pursuant to subdivision 35-4-2(4) is sold or transferred to a new licensee, the terms of the sale and the price of the license shall be reported under oath to the municipality or county by the seller and the purchaser. The municipality or county shall keep the terms of the sale and the price confidential and shall review and consider such information in setting the price of any new license during executive session. However, a municipality and county may share with each other the terms of any sale and price of a license for the purpose of establishing fair market value.".

On page 6 , line 2, after " approve " insert " outside municipalities ".

On page 7 , delete lines 10 to 13 , inclusive, and insert:

" Section 10. That § 35-4-11.10 be repealed.

35-4-11.10. If the on-sale license is located over fifteen miles from the nearest municipality, the renewal fee for any on-sale license issued outside a municipality shall be established by the county commission at a rate not to exceed the rate in the nearest municipality. ".

And that as so amended said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1101 and 1170 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1060, 1075, 1077, and 1079 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 144, 160, 172, 173, 212, 218, 234, and 252 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Duenwald moved that the House do concur in Senate amendments to HB 1062.

The question being on Rep. Duenwald's motion that the House do concur in Senate amendments to HB 1062.

And the roll being called:

Yeas 60, Nays 9, Excused 0, Absent 1

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

Nays:
Bradford; Elliott; Hargens; Hundstad; Klaudt; Monroe; Olson (Mel); Peterson (Jim); 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. Kloucek announced his intention to reconsider the vote by which HCR 1007 was lost.

Rep. Kloucek moved that the House do now reconsider the vote by which HCR 1007 was lost.

The question being on Rep. Kloucek's motion to reconsider the vote by which HCR 1007 was lost.

And the roll being called:

Yeas 23, Nays 46, Excused 0, Absent 1

Yeas:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Klaudt; Kloucek; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

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

Absent:
Lintz

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

HCR 1012 Introduced by: Representatives Kloucek, Bartling, Burg, Hanson (Gary), Klaudt, Nachtigal, and Van Norman and Senators Volesky, Koskan, and McIntyre

A CONCURRENT RESOLUTION, Urging action to stop mergers and acquisitions by large- scale agribusiness corporations.

WHEREAS, major multinational corporations and cooperatives are consolidating their economic control of the food and agriculture industry in numerous ways, with the ultimate effect of driving American farm families off the land or into a new indentured servitude; and

WHEREAS, this economic concentration is driving the environmental devastation caused by factory farms; and

WHEREAS, the effort by Smithfield Foods and by Tyson Foods to acquire hog and beef packer IAP threatens the existence of any semblance of a free market in those industries:

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 enact federal legislation to halt for a period of at least twenty-four months all mergers and acquisitions between agribusiness of at least one hundred million in annual sales. This legislation would specifically include meat packers and

BE IT FURTHER RESOLVED, that the attorney general of South Dakota be urged to take aggressive action against currently proposed and yet-to-be announced mergers and acquisitions that would cause further market concentration and price discrimination against family farm agricultural producers. In particular, the attorney general be urged to act now to stop the proposed buyout of hog and beef packer IBP by either Smithfield Food or Tyson Foods; and

BE IT FURTHER RESOLVED, that the federal Department of Justice (DOJ) be urged to reject the buyout of IBP by either Smithfield or Tyson.

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

HCR 1013 Introduced by: Representatives Smidt, Begalka, Duenwald, Flowers, Hansen (Tom), Jaspers, Lange, Pitts, and Slaughter and Senators Duxbury and Brown (Arnold)

A CONCURRENT RESOLUTION, Expressing support for aviation grade ethanol.

WHEREAS, aviation grade ethanol-85, also known as AGE-85, is a high performance unleaded fuel that may be used in any piston engine aircraft; and

WHEREAS, the aviation industry is the largest consumer of leaded gasoline in the United States, and even though leaded gasoline was banned in 1970, the Federal Aviation Administration has maintained that there are no safe alternatives to leaded gasoline; and

WHEREAS, even with the Federal Aviation Administration's support, leaded aviation gasoline is projected to be unavailable within five to ten years; and

WHEREAS, aviation grade ethanol-85 has demonstrated through Federal Aviation Administration certification testing that it is a safe, lead free alternative which is environmentally friendly and compatible with all current gasoline aircraft with only minor modifications:

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 supports the use of aviation grade ethanol-85 in piston engine aircraft and urges the Federal Aviation Administration to quickly approve supplemental type certification for the use of aviation grade ethanol-85 fuels in piston engine aircraft; and

BE IT FURTHER RESOLVED, that South Dakota's congressional delegation is requested to work with the Federal Aviation Administration in obtaining supplemental type certification for the use of aviation grade ethanol-85 fuels in piston engine aircraft.

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

Rep. Garnos moved that the Committee on State Affairs be instructed to deliver HB 1286 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was not supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1181 as found on page 440 of the House Journal ; also

Education on HB 1237 as found on pages 440 and 441 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 155: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the termination of life estates and joint tenancies.

Was read the second time.

The question being "Shall SB 155 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 0, Absent 1

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; 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.

Rep. Davis requested that SB 188 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 1189: FOR AN ACT ENTITLED, An Act to revise the method for determining average daily membership as it applies to the state aid to education formula.

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

Rep. Begalka moved that HB 1189 be amended as follows:

On page 1, line 6 of the printed bill, delete " three-year " and insert " two-year ".

On page 1 , line 8, delete " three " and insert " two ".

Which motion lost.

Speaker Pro tempore Michels now presiding.

Rep. Konold moved the previous question.

Which motion prevailed.

The question being "Shall HB 1189 pass?"

And the roll being called:

Yeas 45, Nays 25, Excused 0, Absent 0

Yeas:
Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Frost; Fryslie; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Sigdestad; Slaughter; Smidt; Sutton (Duane); Teupel; Valandra; Van Gerpen; Van Norman

Nays:
Abdallah; Adelstein; Derby; Duenwald; Duniphan; Garnos; Glenski; Heineman; Hennies (Don); Jaspers; Juhnke; Konold; McCaulley; McCoy; Michels; Murschel; Napoli; Peterson (Bill); Rhoden; Richter; Sebert; Solum; Van Etten; 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.

Rep. Bill Peterson announced his intention to reconsider the vote by which HB 1189 was passed.

HB 1243: FOR AN ACT ENTITLED, An Act to revise the definition of adjusted average daily membership in the state aid to education formula.

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

The question being "Shall HB 1243 pass?"

And the roll being called:

Yeas 39, Nays 31, Excused 0, Absent 0

Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Koistinen; Kooistra; Lange; Lintz; McCaulley; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Slaughter; Teupel; Van Norman; Wick

Nays:
Adelstein; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Jensen; Juhnke; Klaudt; Kloucek; Konold; Madsen; McCoy; Michels; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Smidt; Solum; Sutton (Duane); Valandra; Van Etten; Van Gerpen; 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.

Rep. Bill Peterson announced his intention to reconsider the vote by which HB 1243 was passed.

Speaker Eccarius now presiding.

HB 1108: FOR AN ACT ENTITLED, An Act to revise the definition of local effort in the state aid to education formula.

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

Rep. Jaspers moved the previous question.

Which motion prevailed.

The question being "Shall HB 1108 pass?"

And the roll being called:

Yeas 11, Nays 59, Excused 0, Absent 0

Yeas:
Adelstein; Brown (Richard); Derby; Hennies (Don); Hennies (Thomas); Koistinen; McCoy; Olson (Mel); Rhoden; Teupel; Van Etten

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

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

HB 1169: FOR AN ACT ENTITLED, An Act to establish a penalty for the destruction of certain field crop products, animals, and organisms.

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

Rep. Jaspers moved that HB 1169 be amended as follows:

On page 1, line 4 of the House Agriculture and Natural Resources Committee engrossed bill, after " person " insert "other than the owner".

On page 1 , line 6, after " purposes " insert ",".

Which motion prevailed and HB 1169 was so amended.

The question being "Shall HB 1169 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, 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; 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; Wick; Speaker Eccarius

Nays:
Bradford; Kloucek

Excused:
Van Norman

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Jaspers moved that the title to HB 1169 be amended as follows:

On page 1, line 1 of the House Agriculture and Natural Resources Committee engrossed bill, delete " penalty " and insert "civil remedy".

Which motion prevailed and the title was so amended.

Speaker Pro tempore Michels now presiding.

HB 1111: FOR AN ACT ENTITLED, An Act to provide for alternative teacher certification.

Was read the second time.

Rep. Davis moved that HB 1111 be amended as follows:

On page 1, line 13 of the House Education Committee engrossed bill, delete " of not more than one " .

On page 2 , line 1, delete " hundred sixty classroom hours as " .

A roll call vote was requested and supported.

The question being on Rep. Davis's motion that HB 1111 be amended.

And the roll being called:

Yeas 21, Nays 48, Excused 0, Absent 1

Yeas:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Kloucek; Kooistra; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Van Norman

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

Absent:
Valandra

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

Rep. Bill Peterson moved the previous question.

Which motion prevailed.

Speaker Eccarius now presiding.

The question being "Shall HB 1111 pass as amended?"

And the roll being called:

Yeas 50, Nays 20, Excused 0, Absent 0

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

Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Garnos; Gillespie; Hargens; Hundstad; Kloucek; Kooistra; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Sigdestad; Valandra; Van Norman

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

Rep. Bill Peterson moved that HB 1241 and 1268 be deferred to Wednesday, February 14^th, the 26^th legislative day.

Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 144: FOR AN ACT ENTITLED, An Act to require any person who tampers or interferes with certain highway markers, signs, or control devices to be liable for damages.

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

SB 160: FOR AN ACT ENTITLED, An Act to prohibit the offering of postsecondary education credit or degree by nonaccredited institutions.

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

SB 172: FOR AN ACT ENTITLED, An Act to authorize additional off-sale retail liquor licenses in certain municipalities.

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

SB 173: FOR AN ACT ENTITLED, An Act to authorize a rental car company to offer car rental insurance under certain circumstances.

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

SB 212: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding reduced tuition for certain state employees.

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

SB 218: FOR AN ACT ENTITLED, An Act to to provide for reporting the occurrence of fetal alcohol syndrome.

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

SB 234: FOR AN ACT ENTITLED, An Act to provide for the development and administration of certain standardized academic achievement tests.

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

SB 252: FOR AN ACT ENTITLED, An Act to provide for the establishment of the School and Public Lands Paleontology Advisory Council and to prescribe its duties.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Bill Peterson moved that SB 250 and 94 be deferred to Wednesday, February 14^th, the 26^th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered SB 2 and the amendment thereto made by the House, and the disagreement of the two houses thereon, and recommends that House Engrossed SB 2 be amended as follows:

On page 2, line 2, after "employee" insert "based only on the alleged misconduct".

Respectfully submitted,             Respectfully submitted,
Claire Konold                    Dennis Daugaard
Burdette Solum                    Cheryl Madden
Mel Olson                        Robert Duxbury
House Committee                    Senate Committee

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1005, 1062, 1101, and 1170 and finds the same correctly enrolled.

Also MR. SPEAKER

The Committee on Legislative Procedure respectfully reports that HB 1033, 1034, and 1093 were delivered to his Excellency, the Governor, for his approval at 4:05 p.m., February 13, 2001.

Respectfully submitted,
Scott Eccarius, Chair

Rep. Elliott moved that the House do now adjourn, which motion prevailed and at 5:09 p.m. the House adjourned.

Karen Gerdes, Chief Clerk