House Journal 03/02/2001 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SIXTH SESSION

THIRTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 2, 2001

The House convened at 9:00 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by House page Nathan Harens.

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 thirty-seventh day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Scott Eccarius, Chair

Which motion prevailed and the report was adopted.

HOUSE PAGE RESOLUTION

House Page Resolution 4: Introduced by: Representatives Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown, Jarvis; Brown, Richard; Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen, Tom; Hanson, Gary; Hargens; Heineman; Hennies, Don; Hennies, Thomas; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson, Mel; Pederson, Gordon; Peterson, Bill; Peterson, Jim; Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Seventy-sixth Legislature of the State of South Dakota to Martin Authier, Christopher Chase, Katie Cordell, Casie Edgar, Tess Halverson, Nathan Harens, Sara Jaspers, Justin Johns, Megan Juhnke, Sonja Nelson, Elizabeth Pier, Stacie Schlomer, and Emily Weninger.

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

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

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

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

Rep. Bill Peterson moved that House Page Resolution 4 be adopted.

Which motion prevailed and the resolution was adopted.

Rep. Napoli moved that the House do now recess until 2:00 p.m., which motion prevailed and at 9:12 a.m., the House recessed.

The House reconvened at 2:00 p.m., the Speaker presiding.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1173 and 1198, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

The Honorable Scott Eccarius
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Mr. Speaker and Members of the House:

I herewith return House Bill 1166 and VETO the same. It is, “An Act to prohibit regulation of certain motor vehicle exhaust brake systems." These motor vehicle exhaust brake systems are commonly called "Jake Brakes."

It is my firm belief that the South Dakota Legislature, over many decades of meeting and debate, has clearly given municipalities the power to regulate public safety within their boundaries. Municipalities have "power to provide for keeping and preserving the peace and quietness of the municipality", SEE, SDCL 9-29-3. This is a fundamental power of municipal government dating back to 1877, which has remained unchanged since 1939. Municipalities also "may regulate the use of motor vehicles, bicycles, house cars, house trailers, trailer coaches, traction engines, tractors, and road rollers", SEE, SDCL 9-31-1. Municipalities are further authorized to "designate routes of travel on public streets and highways within and through the municipality for commercial motor carriers, trucks, and buses and to require such motor vehicles to follow such designated routes of travel within and through the municipality...", SEE, SDCL 9-31-2.

The use of these Jake Brakes is inherently a local issue and a decision that should be made locally. This is a basic issue of public safety versus public peace and quietness. This bill removes the local officials' authority to decide whether there is a legitimate public safety reason to use Jake Brakes or that their use would constitute an unnecessary breach of the public peace and quietness. Does the Legislature really intend to impose a blanket prohibition over local officials' knowledge of their community? Is there so little trust of our municipal government that the Legislature must take away the local community's ability to regulate its own health, peace, and safety? No state law should presume to take the place of the local officials' judgment.

House Bill 1166 also places all local governmental units in the position of determining whether the exhaust system is properly muffled and what type of equipment made the noise, not whether or not the noise was justified. If there has been an illegitimate breach of the peace and quietness, who cares what made the noise? Why should local officials need to determine whether it was a muffled exhaust brake system?

House Bill 1166 also unfairly targets South Dakota's smaller towns. Some of our larger communities have truck routes that move heavy truck traffic around those communities. It is our smaller towns that lack a truck route. Without such a route, the heavy truck traffic enters and leaves a small town by a main street, often through residential areas. It is wrong to take away a small town's ability to regulate all aspects of truck traffic through the town. These people are just as entitled to peace and quiet as are those in larger towns with a truck route.

Finally, many of the trucks involved are locally owned and operated. These small trucking firms haul a town's agricultural produce and other goods to and from our towns. We would all be hard pressed to find a South Dakota trucker who is not intimately familiar with the roads and communities of South Dakota. If and where there is a local problem with the speed of trucks, it is an enforcement of the law problem and not a problem for the makers of the law.

I respectfully request that you concur with my action.

Respectfully submitted,
William J. Janklow

The Honorable Scott Eccarius
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Mr. Speaker and Members of the House:

I herewith return House Bill 1196 and VETO the same. It is, “An Act to authorize the funding of textbooks through the school capital outlay fund.”

This is a bad bill for South Dakota's taxpayers because, if enacted, it will:
    cause higher local property taxes,
    change standard definitions that have been in law for more fifty years, and
    grease the way for future abuses of capital outlay funds.

Cause Higher Local Property Taxes:
Currently, only 47 school districts (27 percent) charge taxpayers the maximum capital outlay tax levy. If HB 1196 becomes law, the remaining school districts will use the new law as their reason to raise their capital outlay levies to the maximum. That will cause a $7.2 million increase in local property taxes. Every legislator who represents a school district that uses this bill to raise taxes will be blamed by taxpayers for that local property tax increase.

Change Definitions:
If this bill is allowed to become law, we will be perpetrating a fraud on the taxpayers of South Dakota. For more than 50 years, capital outlay spending has been restricted by law to expenditures involving “real property, plant or equipment” and for “land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase of equipment.”

In its accounting manual, the Legislature's own Department of Legislative Audit classifies textbooks as supplies, NOT as equipment. Textbooks ARE supplies. Saying textbooks are equipment is like saying that a group of trees is a mountain. Things are what they are. Textbooks are NOT equipment, land, or facilities.

Cause Future Abuses:
In committee testimony, House Bill 1196's proponents have already served notice that they intend to create other unconventional ways to spend capital outlay funds in the future. The bill's proponents testified that House Bill 1196 was a “FIRST STEP.”

Finally, House Bill 1196 is in violation of one of the basic rules of the Legislature. The South Dakota Constitution, Article III, § 21 provides that only one subject be expressed in the title of a bill as follows:

No law shall embrace more than one subject, which shall be expressed in its title.

The title of House Bill 1196 fails to instruct you or the public that the bill was also amended to include the purchase of computer software out of a capital outlay fund. To paraphrase the South Dakota Supreme Court, the act is unconstitutional because the title conspicuously fails to:
(a) prevent the unintentional and unknowing passage of provisions inserted in a bill of which the title gives no intimation, and,
(b) apprise the public of matters which are contained in the various bills and to prevent fraud or deception of the public as to matters being considered by the legislature.

SEE, South Dakota Physician's Health Group v. State ex rel. Dep't of Health (1989) 447 NW 2d 511; McMacken v. State (1982) 320 NW 2d 131, Daugaard v. Baltic Coop. Bldg. Supply Ass'n (1984) 349 NW 2d 419.

In conclusion, I have seen this type of bill before. In 1996, I vetoed Senate Bill 130 which was also a bill to expand the allowable uses of capital outlay funds. I was sustained in that veto. Using a backhanded way to raise property taxes was not a good idea in 1996, and it is not a good idea today.

I respectfully request that you concur with my action.

Respectfully submitted,
William J. Janklow

Dissent Against the Ruling of the Speaker on HB 1019:

In requesting a division of the question on HB 1019, it was the purpose of the minority to illustrate that HB 1019 egregiously contravenes the provisions of Article III, Section 21 of the Constitution, which expressly provide that no bill should embrace more than one subject. Since HB 1019 consisted of a number of unrelated fee increases and restructurings and since many members of the body desired to support some and to oppose others of these increases and restructurings, the bill failed to meet the traditional test for constituting one legislative subject, namely that a member might not reasonably wish to vote for part of the bill while voting against some other part.

Respectfully Submitted,

Representative Frank J. Kloucek                Representative Sam Nachtigal
Representative Thomas Van Norman            Representative Jim Bradford
Representative Dale Hargens                    Representative Margaret Gillespie
Representative Gerald Lange

MESSAGES FROM THE SENATE

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 225.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1079.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 14.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has approved SB 44 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 773 of the Senate Journal.

We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 44.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has changed the members on the Conference Committee for SB 226 and appointed Sens. Everist, Arnold Brown, and Symens.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 153 and has appointed Sens. Everist, Larry Diedrich, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 239 and has appointed Sens. Hainje, Brosz, and Dan Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Putnam, Greenfield, and Koetzel as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1142.

The Speaker appointed Reps. Tom Hansen, Richter, and Gary Hanson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1285.

The Speaker appointed Reps. Eccarius, McCaulley, and Davis as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 153.

The Speaker appointed Reps. Bill Peterson, Eccarius, and Mel Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 226.

The Speaker appointed Reps. Bill Peterson, McCoy, and Davis as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the

differences between the two houses on SB 229.

The Speaker appointed Reps. Bill Peterson, Michels, and Flowers as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 239.

MOTIONS AND RESOLUTIONS

Rep. Teupel moved that the House do concur in Senate amendments to HB 1227.

Rep. Bill Peterson moved that the House do now recess until 5:00 p.m., which motion prevailed and at 2:15 p.m., the House recessed.

The House reconvened at 5:00 p.m., the Speaker presiding.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1003, 1024, 1045, 1068, 1079, 1106, 1144, 1203, 1218, 1247, 1252, 1253, and 1295 and finds the same correctly enrolled.

Also MR. SPEAKER

The Committee on Legislative Procedure respectfully reports that HB 1016, 1037, 1073, 1180, 1208, and 1229 were delivered to his Excellency, the Governor, for his approval at 9:35 a.m., March 1, 2001.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1003: FOR AN ACT ENTITLED, An Act to prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance.

HB 1024: FOR AN ACT ENTITLED, An Act to authorize the release of certain information about adult inmates and parolees to victims, the community, and governmental entities.

HB 1045: FOR AN ACT ENTITLED, An Act to prohibit the disclosure and use of personal information contained in certain motor vehicle records.

HB 1068: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to implement the long-term capital project request of the Board of Regents, providing for the construction, remodeling, or renovation of various structures on the campuses of the state's universities and to make appropriations therefor.

HB 1079: FOR AN ACT ENTITLED, An Act to determine the venue of the offense of underage possession or consumption of alcoholic beverages.

HB 1106: FOR AN ACT ENTITLED, An Act to revise the classes of investments available for state funds.

HB 1144: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child custody.

HB 1203: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute and to declare an emergency.

HB 1218: FOR AN ACT ENTITLED, An Act to prohibit directed suretyship.

HB 1247: FOR AN ACT ENTITLED, An Act to revise the requirements for volunteer firefighters to become eligible for workers' compensation and to update a reference used to determine impairment.

HB 1252: FOR AN ACT ENTITLED, An Act to establish a statewide voter registration file, to make an appropriation therefor and to declare an emergency.

HB 1253: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding dealer franchises and to include outdoor power equipment.

HB 1295: FOR AN ACT ENTITLED, An Act to allow certain interstate shipments of wine.

SB 14: FOR AN ACT ENTITLED, An Act to amend the General Appropriations Act for fiscal year 2001.

SB 27: FOR AN ACT ENTITLED, An Act to transfer funds to the state fair fund and to revise the budgetary procedure for the state fair.

SB 52: FOR AN ACT ENTITLED, An Act to repeal an annual appropriation from the children's trust fund and to repeal a statute that terminates an additional charge for birth records

that is deposited in the fund.

SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the reunification of an abused or neglected child with a parent and the subsequent termination of parental rights.

SB 58: FOR AN ACT ENTITLED, An Act to establish certain fees for filing and indexing records pursuant to the Uniform Commercial Code, to establish a fund, and to appropriate the fund.

SB 60: FOR AN ACT ENTITLED, An Act to expand the uses of the special education extraordinary cost fund.

SB 125: FOR AN ACT ENTITLED, An Act to clarify workers' compensation coverage for uncompensated volunteers and prisoners.

SB 144: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding signs in any public right-of-way.

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

SB 165: FOR AN ACT ENTITLED, An Act to provide for incentives for development of certain commercial small power production facilities.

SB 186: FOR AN ACT ENTITLED, An Act to provide for the preservation of certain public broadcasting records of the legislative session.

SB 204: FOR AN ACT ENTITLED, An Act to permit tribal identification cards in lieu of other identification when applying for a driver's license.

SB 209: FOR AN ACT ENTITLED, An Act to permit certain businesses to remit sales and use tax after the machinery is under production.

SB 223: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons and to declare an emergency.

SB 225: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to insurance taxes, cash surrender values of insurance policies, and the payment of insurance benefits.

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

SB 253: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Railroad Authority to acquire certain facilities owned by the Burlington Northern and Santa Fe Railway Company and to declare an emergency.

And signed the same in the presence of the House.

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1142 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1142 be amended as follows:

On the Senate Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That certain programs in chapter 14 of the 2000 Session Laws be amended to read as follows:

BOARD OF REGENTS

Northern State University

Personal Services, delete "$6,735,806" and insert "$7,789,606

Operating Expenses, delete "$1,002,685" and insert "$1,300,005"

Adjust all totals accordingly.

Section 2. That certain programs in chapter 14 of the 2000 Session Laws be amended to read as follows:

DEPARTMENT OF HEALTH

Administration, Secretary of Health

Operating Expenses, delete "$629,145" and insert "$1,629,145".

Adjust all totals accordingly.

Section 3. The fund source used to support the other fund expenditure authority appropriated by section 2 of this Act shall be the youth-at-risk education trust fund established in § 13-14-6.

Section 4. Any expenditure authority and cash appropriated by this Act which are unspent at the end of fiscal year 2001 shall be carried over to fiscal year 2002.

Section 5. This Act is effective June 22, 2001."

On page 1, line 1 of the Senate Appropriations Committee engrossed bill, delete everything after " to " and insert "amend the General Appropriations Act for fiscal year 2001.".

On page 1 , delete line 2 .

Respectfully submitted,                 Respectfully submitted,
Mitch Richter                        J. E. "Jim" Putnam
Clarence L. Kooistra                    Brock L. Greenfield
Kay Davis
House Committee                        Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1285 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                 Respectfully submitted,
Tom Hansen                            John Koskan
Mitch Richter                        Bob Drake

House Committee                        Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 98 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 98 be amended as follows:

On the House Agriculture and Natural Resources Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 38-22 be amended by adding thereto a NEW SECTION to read as follows:

If the county weed and pest board is requested by an individual to perform weed and pest control operations on the individual's property and the individual fails to reimburse the county by November first in the year in which the operations are performed, the cost of the control, plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater, shall be charged as taxes against each tract of land on which the expenses were incurred pursuant to § 38-22-23.14.

Section 2. That § 38-22-23.14 be amended to read as follows:

38-22-23.14. If the landowner fails or refuses to perform as required within the time designated, the county weed and pest board may proceed to perform the requirements. The board

shall certify its expenses to the county auditor, and the auditor shall bill the landowner for the amount of the expenses , plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater . If the landowner has not paid the bill by November first of the calendar year in which the expenses were incurred, the amount of the bill shall be further increased by ten percent, and the adjusted amount shall be charged as taxes against each tract of land on which the expenses were incurred. The adjusted amount shall be collected as other taxes and credited to the general fund.

Section 3. That chapter 38-22 be amended by adding thereto a NEW SECTION to read as follows:

Any owner, occupant, or other person who maintains or exercises control or management over land who is issued a resolution by the county weed and pest board pursuant to § 38-22- 23.13 for three consecutive years and fails to perform the minimum remedial requirements for control is subject to a civil penalty of up to five hundred dollars. Any owner, occupant, or other person who maintains or exercises control or management over land on which the county weed and pest board has performed remedial requirements pursuant to § 38-22-23.14 for three consecutive years is subject to a civil penalty of up to five hundred dollars."

Respectfully submitted,                 Respectfully submitted,
Jay L. Duenwald                        John Koskan
Mike Jaspers                            Larry Diedrich
Sam Nachtigal                        Jim Hutmacher
House Committee                        Senate Committee

MOTIONS AND RESOLUTIONS

Rep. Derby moved as a substitute motion that the House do not concur in Senate amendments to HB 1227 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed.

Rep. Teupel moved that the House do concur in Senate amendments to HB 1294.

The question being on Rep. Teupel's motion that the House do concur in Senate amendments to HB 1294.

And the roll being called:

Yeas 61, Nays 9, Excused 0, Absent 0

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

Nays:
Begalka; Fryslie; Klaudt; Kloucek; Lintz; Murschel; Napoli; Rhoden; Slaughter

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.

Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1279.

The question being on Rep. Bill Peterson's motion that the House do concur in Senate amendments to HB 1279.

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Gordon Pederson moved that the report of the Conference Committee on SB 149 as found on page 823 of the House Journal be adopted.

Rep. Bradford moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 149 and that a new committee be appointed.

A roll call vote was requested and supported.

The question being on Rep. Bradford's substitute motion to not adopt the report of the Conference Committee on SB 149 and that a new committee be appointed.

And the roll being called:

Yeas 41, Nays 28, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Juhnke; Kloucek; Konold; Kooistra; Lange; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sebert; Sigdestad; Solum; Valandra; Van Gerpen; Van Norman; Wick

Nays:
Derby; Duenwald; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hunhoff; Jaspers; Jensen; Klaudt; Koistinen; Lintz; Madsen; McCaulley; Monroe; Napoli; Pederson (Gordon); Pitts; Pummel; Rhoden; Richter; Slaughter; Smidt; Sutton (Duane); Teupel; Van Etten; Speaker Eccarius

Excused:
Peterson (Bill)

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.

MESSAGES FROM THE SENATE

I have the honor to return herewith HCR 1026 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB1202.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 149 and 98.

Respectfully,
Patricia Adam, Secretary

The Speaker appointed Reps. Teupel, Richter, and Elliott as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1227.

MOTIONS AND RESOLUTIONS

Rep. Mel Olson moved to reconsider the vote on Rep. Bradford's substitute motion to not adopt and appoint a new committee on SB 149.

The question being on Rep. Mel Olson's motion to reconsider the vote on Rep. Bradford's substitute motion to not adopt and appoint a new committee on SB 149.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Peterson (Bill)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the Conference Committee Report on SB 149 was up for reconsideration.

Rep. Mel Olson moved that the report of the Conference Committee on SB 149 as found on page 823 of the House Journal be adopted.

The question being on Rep. Mel Olson's motion that the report of the Conference Committee on SB 149 be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Peterson (Bill)

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

MESSAGES FROM THE SENATE

I have the honor to inform your honorable body that the Senate has appointed Sens. Drake, Koskan, and Dennert as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1285.

Respectfully,
Patricia Adam, Secretary

Rep. Napoli moved that the House do now recess until 7:30 p.m., which motion prevailed and at 5:45 p.m., the House recessed.

The House reconvened at 7:30 p.m., the Speaker Pro tempore presiding.

There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Saturday, March 3rd, the 39th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Richter moved that the report of the Conference Committee on HB 1142 as found on pages 835 and 836 of the House Journal be adopted.

The question being on Rep. Richter's motion that the report of the Conference Committee on HB 1142 be adopted.

And the roll being called:

Yeas 66, Nays 4, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; 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; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Nays:
Begalka; Olson (Mel); Rhoden; Slaughter

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

Rep. Tom Hansen moved that the report of the Conference Committee on HB 1285 as found on page 836 of the House Journal be adopted.

Rep. Duane Sutton moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1285 and that no new committee be appointed.

The question being on Rep. Duane Sutton's substitute motion that the House do not adopt the report of the Conference Committee on HB 1285 and that no new committee be appointed.

And the roll being called:

Yeas 54, Nays 16, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Duenwald; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Rhoden; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman

Nays:
Clark; Derby; Duniphan; Hansen (Tom); Heineman; Hunhoff; Jaspers; Juhnke; Konold; McCaulley; Peterson (Bill); Pummel; Richter; Smidt; Wick; Speaker Eccarius

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

Rep. Duenwald moved that the report of the Conference Committee on SB 98 as found on pages 836 and 837 of the House Journal be adopted.

The question being on Rep. Duenwald's motion that the report of the Conference Committee on SB 98 be adopted.

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

Rep. Don Hennies moved that the House do now adjourn, which motion prevailed and at 8:00 p.m. the House adjourned.

Karen Gerdes, Chief Clerk