JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 18, 2002

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House page Andrew Christianson.

     Roll Call: All members present except Rep. Duenwald who was excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the eighth 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.
     There being no objection, the House proceeded to Order of Business No. 7.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 24, 25, 32, 52, and 53 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

    House Page Resolution 1: Introduced by: Representatives Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown, Jarvis; Brown, Richard; Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen, Tom; Hanson, Gary; Hargens; Heineman; Hennies, Don; Hennies, Thomas; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson, Mel; Pederson, Gordon; Peterson, Bill; Peterson, Jim; Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives
    of the Seventy-seventh Legislature of the State of South Dakota to Amanda Anderson, Andrew Christianson, Lacey Cooper, Jennifer Giannonatti, Roxie Klaudt, Jared Knock, Andrew Knutson, Megan Kruse, Katie Larsen, Kajsa Perman, Larissa Peterson, and Heather Rayburn.

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

    WHEREAS, the members of the Seventy-seventh 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-seventh 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 No. 1 be adopted.

     Which motion prevailed and the resolution was adopted.

     HCR 1005   Introduced by:  Representatives Van Norman, Bradford, and Valandra and Senators Hagen, de Hueck, and Volesky

         A CONCURRENT RESOLUTION,  Urging the federal government to authorize and fund long- term health care on Indian reservations.

     WHEREAS,  among all the states in the Northern Plains region, South Dakota has the highest percentage of its Native American population, sixty-seven percent, living on Indian reservations. In addition, South Dakota is experiencing a growing elderly population on its Indian reservations; and

     WHEREAS,  Native Americans are living significantly longer today than they did in the early 1900s. The life expectancy of Native Americans in South Dakota is currently sixty-five. This increased life expectancy, combined with rising birth rates, ensures continuing population increases at all age levels, presents new challenges in caring for the elderly, and creates the need for elderly care facilities to provide services that were once provided solely by the family; and

     WHEREAS,  the rate of debilitating diseases, particularly diabetes, on South Dakota Indian reservations has been increasing over the years. The age-adjusted diabetes mellitus death rate among Native Americans in South Dakota is 62.6 per 100,000 population, which is five times higher than the combined rate for all races in the United States; and

     WHEREAS,  Native American culture strongly embraces the extended family in which elders are considered the source of wisdom, history, and tradition; and

     WHEREAS,  a loss of important cultural traditions for families and tribal members occurs when elderly Native Americans must seek nursing facility placement off the reservations. This separation means social and cultural isolation at a time in elders' lives when understanding and cultural support are most important; and

     WHEREAS,  due to the high percentage of Native American families below poverty level living on Indian reservations, lack of transportation to visit family members in nonreservation nursing homes creates a hardship for the elderly and their families; and

     WHEREAS,  the federal government has a long-standing legal and moral obligation to provide for the health care needs of Native Americans on reservations. This obligation is based on treaty and federal law; and
     WHEREAS,  the Indian Health Service currently provides primary and acute health care services, such as physician and hospital care, through federal facilities located on each of the reservations; and

     WHEREAS,  the Indian Health Service currently does not provide long-term care services, such as assisted living and nursing home care, on any of South Dakota's Indian reservations; and

     WHEREAS,  the federal government has failed to take responsibility for providing long-term care services to elderly Native Americans residing on reservations in South Dakota. The federal government has refused to recognize long-term care for Native Americans as a federal responsibility and has failed to provide authorization and funding that would enable the Indian Health Service to provide those needed services; and

     WHEREAS,  the lack of long-term care services has created an undue hardship for reservation residents and their families creating a growing need for the Indian Health Service to appropriately address the long-term care needs of South Dakota's Native American population:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of the Seventy-seventh Legislature of the State of South Dakota, the Senate concurring therein, that the federal government is requested to formally take responsibility for long-term care for Native Americans residing on Indian reservations by providing the necessary authorization and funding to enable the Indian Health Service to offer long-term care for Native American elders on Indian reservations. The United States government must live up to its responsibilities by helping to establish facilities that will allow our Native American elders to spend their final years with dignity in their own communities and cultural surroundings; and

     BE IT FURTHER RESOLVED,  that copies of this Resolution are to be forwarded to Senator Tom Daschle, Senator Tim Johnson, and Representative John Thune and that Senator Daschle, Senator Johnson, and Representative Thune are requested to brief the 2003 South Dakota Legislature on any progress or developments that have occurred at the national level on this issue.

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

     SCR 1:   A CONCURRENT RESOLUTION,   Commemorating the 20th anniversary this year of the death of Crazy Horse Memorial sculptor Korczak Ziolkowski and recognizing the sculptor's wife and family for their dedication and great progress at the Memorial during the two decades since Korczak's passing.

     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

     Local Government on HB 1009 as found on page 166 of the House Journal ; also

     Taxation on HB 1001 as found on pages 167 and 168 of the House Journal ; also

     Taxation on HB 1002 as found on page 168 of the House Journal ; also

     Taxation on HB 1003 as found on pages 168 and 169 of the House Journal ; also

     Commerce on HB 1073 as found on page 169 of the House Journal ; also

     Commerce on HB 1075 as found on page 169 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1106 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1083 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1071 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1057 and tabled the same.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1056 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1122 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1104 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 1069 and returns the same with the recommendation that said bill be amended as follows:

1069rb
     On page 1 of the printed bill, delete lines 5 to 9 , inclusive, and insert:

"      12-21-4.   The recount referee shall receive compensation in the amount of thirty-five one hundred dollars per day and the for the referee's services and reimbursement for necessary expenses and costs incidental to the recount in an amount to be fixed by the presiding judge of the circuit. The other two members so appointed to the recount board shall each receive compensation in the amount of twenty-five dollars per day. ".


1069rtb
     On page 1, line 1 of the printed bill, delete " provide for the reasonable " and insert "increase the".

     On page 1 , line 1, after " compensation " insert "and to reimburse the expenses".
     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill be amended as follows:

1081ja
     On page 1, line 8 of the printed bill, overstrike " defendant's " and insert " person's ".

     On page 1 , line 10, remove the overstrikes from " person's " .

     On page 1 , line 10, delete " defendant's " .

     On page 1 , delete lines 12 and 13 , and insert:

"The court may also restrict the privilege in such some other manner as it sees the court may see fit for a period not to exceed one year.".


     On page 2 , line 3, overstrike " defendant's " and insert " person's ".

     On page 2 , line 5, delete " defendant's " and insert " person's ".

     On page 2 , line 8, after " fit " insert " for a period not to exceed one year ".

1081rta
     On page 1, line 1 of the printed bill, after " revocation " insert "or suspension".

     On page 1 , line 2, delete " or purchases " and insert ", purchases, possession, or consumption".

     And that as so amended said bill do pass.

Respectfully submitted,
Jarvis W. Brown, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1237   Introduced by:  Representatives Richter, Burg, Derby, and Olson (Mel) and Senators Drake, Dennert, Duxbury, and Putnam

       FOR AN ACT ENTITLED, An Act to   amend the General Appropriations Act for fiscal year 2002.

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

     HB 1238   Introduced by:  Representatives Nesselhuf, Begalka, Brown (Richard), Hargens, and Kooistra and Senators Hutmacher, Apa, Greenfield, Putnam, Reedy, and Whiting

       FOR AN ACT ENTITLED, An Act to   require a pre-election campaign financing statement of candidates for legislative office.

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

     HB 1239   Introduced by:  Representatives Nesselhuf, Abdallah, Bartling, Bradford, Hargens, Jensen, McCaulley, Murschel, Solum, and Van Gerpen and Senators Greenfield, Cradduck, McIntyre, and Moore

       FOR AN ACT ENTITLED, An Act to   provide a period for the sale and use of fireworks around New Year's Day.

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

     HB 1240   Introduced by:  Representatives Frost, Broderick, Lintz, Pederson (Gordon), Sebert, and Wick and Senators McCracken, McIntyre, Moore, Munson, Sutton (Dan), Vitter, and Volesky

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the Statewide One-Call Notification Board, to create enforcement authority for the board, and to provide for certain penalties and fines.

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

     HB 1241   Introduced by:  Representatives Brown (Jarvis), Bartling, Broderick, Davis, Hargens, McCaulley, Murschel, Peterson (Jim), Van Etten, and Van Gerpen and Senators Drake, Moore, and Putnam

       FOR AN ACT ENTITLED, An Act to   provide a time limit for filing an application for county welfare assistance for hospital expenses by or on behalf of a medically indigent person.

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

     HB 1242   Introduced by:  Representatives Hansen (Tom), Hargens, Holbeck, Jaspers, Jensen, Pitts, Sutton (Duane), and Van Etten and Senators Greenfield, Duxbury, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   appropriate money for the State Fair.


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

     HB 1243   Introduced by:  Representatives Broderick, Abdallah, Brown (Richard), Garnos, Hennies (Thomas), Jaspers, Murschel, and Smidt and Senators Brown (Arnold), de Hueck, Everist, McCracken, McIntyre, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding family day care homes and unregistered family day care homes.

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

     HB 1244   Introduced by:  Representatives Broderick, Brown (Richard), Duniphan, Heineman, McCoy, Murschel, Napoli, Smidt, Solum, and Van Etten and Senators Munson, Hutmacher, and McCracken

       FOR AN ACT ENTITLED, An Act to   allow the assets of the South Dakota Retirement System to be invested in venture capital.

     Was read the first time and referred to the Committee on Retirement Laws.

     HB 1245   Introduced by:  Representatives Peterson (Jim), Begalka, Bradford, Burg, Gillespie, Hanson (Gary), Hargens, Hundstad, Nachtigal, Sigdestad, and Van Gerpen and Senators Symens, de Hueck, Dennert, Diedrich (Larry), Duxbury, McCracken, and Vitter

       FOR AN ACT ENTITLED, An Act to   require that certain exempt, dyed diesel fuel sold in the state contain biodiesel fuel oil.

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

     HB 1246   Introduced by:  Representatives Brown (Richard), Adelstein, Burg, Davis, Hennies (Thomas), Kooistra, Lange, Olson (Mel), and Slaughter and Senators Brown (Arnold), Hutmacher, McIntyre, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   create the South Dakota senior citizen pharmaceutical assistance program.

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

     HB 1247   Introduced by:  Representatives Rhoden, Jensen, Lintz, and Pederson (Gordon) and Senator Vitter

       FOR AN ACT ENTITLED, An Act to   require payment of certain property taxes if agricultural land is changed to another classification of property.

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

     HB 1248   Introduced by:  Representatives Peterson (Bill), Hunhoff, and Van Etten and Senators Daugaard, Brown (Arnold), and McIntyre

       FOR AN ACT ENTITLED, An Act to   increase the tax on cigarettes and to dedicate the proceeds.

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

     HB 1249   Introduced by:  Representatives Fryslie, Hanson (Gary), Peterson (Jim), and Van Gerpen and Senator Greenfield

       FOR AN ACT ENTITLED, An Act to   restrict the use of certain artificial lights to locate wild animals.

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

     HB 1250   Introduced by:  Representatives Olson (Mel) and Sebert and Senator Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   provide for notice by financial institutions of certain trust account overdrafts.

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

     HB 1251   Introduced by:  Representatives Begalka, Flowers, Glenski, Hargens, Hundstad, Kooistra, Lange, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Jim), and Sigdestad and Senators Sutton (Dan), Albers, Munson, Staggers, and Symens

       FOR AN ACT ENTITLED, An Act to   require that hoghouse amendments have a two- thirds majority vote for consideration.

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

     HB 1252   Introduced by:  Representatives Van Etten, Adelstein, Frost, Hansen (Tom), Holbeck, Hunhoff, Jensen, McCoy, Peterson (Bill), Pitts, Slaughter, and Sutton (Duane) and Senators Daugaard, de Hueck, Ham, and Whiting

       FOR AN ACT ENTITLED, An Act to   increase the tax on cigarettes and other tobacco products and to dedicate the revenues.

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

     HB 1253   Introduced by:  Representatives Gillespie, Bartling, Bradford, Burg, Davis, Elliott, Flowers, Hargens, Hennies (Thomas), Kloucek, McCoy, Nachtigal, Nesselhuf, Olson (Mel), Valandra, and Van Norman and Senators McIntyre, de Hueck, Dennert, Hutmacher, Koetzle, Moore, Staggers, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   establish an ombudsman to represent youth offenders.

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

     HJR 1007   Introduced by:  Representatives Michels, Burg, Derby, Flowers, Olson (Mel), and Peterson (Bill) and Senators Bogue, Brown (Arnold), Everist, Hutmacher, and Koetzle

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 5, of the Constitution of the State of South Dakota to clarify the responsibility of the Legislature to provide for its own apportionment.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Gillespie requested that HB 1017 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1045:   FOR AN ACT ENTITLED, An Act to   revise certain voucher approval authority for the state fire suppression special revenue fund.

     Was read the second time.

     The question being "Shall HB 1045 pass?"

     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; 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

     Excused:
Duenwald

     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 1046:   FOR AN ACT ENTITLED, An Act to   provide authority to suspend or revoke a milk sampler and grader's license.

     Was read the second time.

     The question being "Shall HB 1046 pass?"

     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; 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

     Excused:
Duenwald

     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. Valandra requested that HB 1040 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.


     HB 1078:   FOR AN ACT ENTITLED, An Act to   revise certain bond and insurance requirements for trust companies.

     Was read the second time.

     The question being "Shall HB 1078 pass?"

     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; 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

     Excused:
Duenwald

     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 1100:   FOR AN ACT ENTITLED, An Act to   allow for certain warranties to be purchased out of a school district's capital outlay fund.

     Was read the second time.

     The question being "Shall HB 1100 pass?"

     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; 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


     Excused:
Duenwald

     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 1008:   FOR AN ACT ENTITLED, An Act to   revise certain election provisions and terminology.

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

    The question being on Rep. Adelstein's pending motion to amend HB 1008 as found on page 161 of the House Journal.

    
1008xa

     Rep. Adelstein moved that the pending amendment to HB 1008 be amended as follows:

    On page 161 of the House Journal, after line 21 insert:

     " On page 2, line 2, overstrike " five " and insert " ten "."

     Which motion lost.

     The question being Rep. Adelstein's pending motion to amend HB 1008 as found on page 161 of the House Journal.

    A roll call vote was requested and not supported.

    Which motion lost.

     The question being "Shall HB 1008 pass?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

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

     Nays:
Frost; Jensen; McCoy

     Excused:
Duenwald

     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 1024:   FOR AN ACT ENTITLED, An Act to   revise the penalties for overweight vehicle violations.

     Was read the second time.

     Rep. Abdallah moved that HB 1024 be deferred to Tuesday, January 22nd, the 10th legislative day.

    Which motion prevailed and the bill was so deferred.

     HB 1039:   FOR AN ACT ENTITLED, An Act to   allow an application for a concealed pistol permit to be filed electronically.

     Was read the second time.

     Rep. Napoli moved that HB 1039 be deferred to Tuesday, January 22nd, the 10th legislative day.

    Which motion prevailed and the bill was so deferred.

     HB 1054:   FOR AN ACT ENTITLED, An Act to   require the service of certain documents on the Interim Rules Review Committee a certain time before the committee meets to review the rules.

     Was read the second time.

     The question being "Shall HB 1054 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, Absent 1

     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; 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; Speaker Eccarius

     Excused:
Duenwald

     Absent:
Wick

     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 1047:   FOR AN ACT ENTITLED, An Act to   authorize a system for the collection, accounting, and reimbursement of normal and extraordinary structural fire protection efforts resulting from wildfire.

     Was read the second time.

     The question being "Shall HB 1047 pass?"

     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; 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

     Excused:
Duenwald

     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 1066:   FOR AN ACT ENTITLED, An Act to   allow unloaded weapons at color guard ceremonies in elementary or secondary school buildings.

     Was read the second time.

     The question being "Shall HB 1066 pass?"

     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; 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

     Excused:
Duenwald

     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 1080:   FOR AN ACT ENTITLED, An Act to   revise historic preservation grants to local government entities.

     Was read the second time.

     The question being "Shall HB 1080 pass?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, 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; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Richter; Teupel

     Excused:
Duenwald

     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 1112:   FOR AN ACT ENTITLED, An Act to   allow school boards to initiate a vote relating to the imposition of an excess tax levy.

     Was read the second time.

     The question being "Shall HB 1112 pass?"

     And the roll being called:

     Yeas 53, Nays 14, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Davis; Elliott; Flowers; Fryslie; Garnos; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Burg; Clark; Frost; Gillespie; Hansen (Tom); Hennies (Don); Jensen; Konold; Napoli; Olson (Mel); Peterson (Bill); Richter; Sutton (Duane); Teupel

     Excused:
Derby; Duenwald; Duniphan

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 24:   FOR AN ACT ENTITLED, An Act to   continue to allow investigative materials to be confidential during the investigative phase and to allow the material to be obtained by parties to a complaint after a probable cause determination is made.

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

     SB 25:   FOR AN ACT ENTITLED, An Act to   place a maximum fee for certain initial public offerings of securities.

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

     SB 32:   FOR AN ACT ENTITLED, An Act to   require photo identification for all aeronautics operations, to increase the pilot registration fee, and to declare an emergency.

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

     SB 52:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the resolution of unperformed acts and the administration of subsequently discovered property of an estate.

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

     SB 53:   FOR AN ACT ENTITLED, An Act to   revise certain terms used in the Uniform Probate Code.

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

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 2:14 p.m. the House adjourned.

Karen Gerdes, Chief Clerk