JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 5, 2003

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

     The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge of Allegiance led by House pages Laura Hammock and Jessica Hazel.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the fifteenth 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,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     Rep. Heineman introduced the 2001-2002 Outstanding School Administrators of South Dakota: John Pedersen, Pierre, School Superintendents Association; Michael Hoffman, Parkston, Business Officials Association; Cindy Schneider, Lemmon, Elementary School Principals Association; Terry Aslesen, Mitchell, Secondary School Principals Association; Gerry Hunter, Wessington, Secondary/Middle School Principals Association; Dr. Elizabeth Hogen, Vermillion, Association of Supervision and Curriculum Development; and Dr. Michael Keeley, Cornbelt Education Coop, Parker, South Dakota Council of Administrators of Special Education.

COMMUNICATIONS AND PETITIONS


February 4, 2003

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bill 1007, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 20 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 1146 and returns the same with the recommendation that said bill be amended as follows:

1146ra
     On page 1, line 12 of the printed bill, after " 22-11-4, " insert " 22-11-6, ".

     On page 1 , line 14, after " 22-22-7, " insert " 22-30-1, ".

     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 1171 and tabled the same.

Respectfully submitted,
Matt McCaulley, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1121 and returns the same with the recommendation that said bill be amended as follows:

1121oa
     On page 1, line 8 of the printed bill, delete " , or involves any situation in which " .

     On page 1 , line 9, delete everything before " . " .

     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:

1159ob
     On page 2 of the printed bill, delete lines 13 to 15 , inclusive, and insert

"

             (a)    The employee reports the abusive situation to law enforcement within forty- eight hours of any occurrence and cooperates fully with law enforcement in any subsequent investigation and criminal charge relating to the abusive situation. Upon request by the department, the law enforcement agency shall complete and return to the department a certification form indicating whether the employee has complied with the requirements of this subdivision; ".

     On page 2 , line 18, delete " all " .

     On page 2 , line 21, delete everything after " benefits " and insert ".".

     On page 2 , delete line 22 .

     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 1109 and tabled the same.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1206 and 1212 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1136 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1217 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 Transportation respectfully reports that it has had under consideration HB 1165 and 1169 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1017, 1018, 1051, 1052, 1053, and 1055 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 29, 63, 76, 80, 96, 97, 123, 124, 137, 138, 144, 146, and 181 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     HB 1122   :   FOR AN ACT ENTITLED, An Act to   provide for the issuance of certain hunting licenses to persons on active duty in the armed forces.

     Rep. Konold moved that the Committee on Agriculture and Natural Resources be instructed to deliver HB 1122 to the floor of the House, pursuant to Joint Rule 7-7.

     The question being on Rep. Konold's motion that the Committee on Agriculture and Natural Resources be instructed to deliver HB 1122 to the floor of the House, pursuant to Joint Rule 7-7.

     And the roll being called:

     Yeas 53, Nays 17, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Elliott; Engels; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Haverly; Heineman; Hennies; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Pederson (Gordon); Peterson (Jim); Putnam; Rave; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Begalka; Davis; Deadrick (Thomas); Dykstra; Frost; Hanson; Hargens; Hundstad; Hunhoff; Juhnke; Koistinen; Lintz; Olson (Ryan); Peterson (Bill); Rhoden; Sigdestad; Thompson

     The motion was supported and the committee was so instructed.


CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on HB 1090 as found on page 286 of the House Journal ; also

     Local Government on HB 1056 as found on page 288 of the House Journal ; also

     Local Government on HB 1076 as found on page 288 of the House Journal ; also

     Local Government on HB 1080 as found on pages 288 and 289 of the House Journal ; also

     Local Government on HB 1105 as found on page 289 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1280   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation for the planning, design, construction, renovation, and improvement of certain corrections facilities and to declare an emergency.

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

     HB 1281   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   authorize the creation of agricultural development districts to enhance local control and agricultural development.

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

     There being no objection, the House proceeded to Order of Business No. 13.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 29:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct an addition to the Darold "Dud" King Physical Education Center at the South Dakota School of Mines and Technology and to make an appropriation therefor.

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

     SB 63:   FOR AN ACT ENTITLED, An Act to   repeal the sales tax exemption for certain interstate telecommunication services and to declare an emergency.

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

     SB 76:   FOR AN ACT ENTITLED, An Act to   bring the state into compliance with the Streamline Sales Tax Agreement.

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

     SB 80:   FOR AN ACT ENTITLED, An Act to   establish the Richard Hagen-Minerva Harvey memorial scholarship program and to make an appropriation therefor.

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

     SB 96:   FOR AN ACT ENTITLED, An Act to   repeal certain statutory conflicts regarding the ability of municipal officials to attend training sessions.

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

     SB 97:   FOR AN ACT ENTITLED, An Act to   clarify a mayor's authority to solemnize marriages.

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

     SB 123:   FOR AN ACT ENTITLED, An Act to   revise the definition of residence for election purposes.

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

     SB 124:   FOR AN ACT ENTITLED, An Act to   clarify certain publication requirements.

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

     SB 137:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the physician tuition reimbursement program and to establish a tuition reimbursement program for dentists who fulfill certain requirements.

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

     SB 138:   FOR AN ACT ENTITLED, An Act to   expand the nurse tuition reimbursement program to include other health care professionals.

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

     SB 144:   FOR AN ACT ENTITLED, An Act to   revise the rules promulgation process.

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

     SB 146:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding visitation rights for grandparents.

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

     SB 181:   FOR AN ACT ENTITLED, An Act to   repeal certain obsolete provisions regarding time references to central standard time and mountain standard time.

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

     There being no objection, the House reverted to Order of Business No. 11.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1097:   FOR AN ACT ENTITLED, An Act to   provide for local determination of fees for temporary malt beverage licenses.

     Was read the second time.

     Rep. Deadrick requested that HB 1097 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 43:   FOR AN ACT ENTITLED, An Act to   conform medicare supplement plans to general delivery receipt requirements.

     Was read the second time.

     The question being "Shall SB 43 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Adelstein

     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.

     SB 44:   FOR AN ACT ENTITLED, An Act to   revise certain investigative and enforcement procedures regarding fraternal benefit societies.

     Was read the second time.

     The question being "Shall SB 44 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Adelstein

     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.

     SB 45:   FOR AN ACT ENTITLED, An Act to   repeal certain surplus lines broker licensing requirements.

     Was read the second time.

     The question being "Shall SB 45 pass?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Peterson (Bill); Van Norman

     Excused:
Adelstein

     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.

     SB 47:   FOR AN ACT ENTITLED, An Act to   increase the maximum fee that may be established for licensed practical nurses, registered nurses, certified registered nurse anesthetists, clinical nurse specialists, certified nurse midwives, and certified nurse practitioners.

     Was read the second time.

     The question being "Shall SB 47 pass?"

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent 0

     Yeas:
Bartling; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Begalka; Hargens; Koistinen; McCaulley; Peterson (Jim)

     Excused:
Adelstein

     So the bill having received an affirmative vote of a two-thirds 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 1101:   FOR AN ACT ENTITLED, An Act to   revise the time period certain oversized motor vehicles may operate each day under a permit and to increase the cost of the permit.

     Was read the second time.

     The question being "Shall HB 1101 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Hennies

     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. Putnam moved that the title to HB 1101 be amended as follows:

     On page 1, line 2 of the House Transportation Committee engrossed bill, delete " and to increase the cost of the permit " .

     Which motion prevailed and the title was so amended.

    Speaker Pro tempore Madsen now presiding.

     HB 1088:   FOR AN ACT ENTITLED, An Act to   establish a fund for the research of spinal cord and traumatic brain injuries and to create an advisory council for the disbursement of the fund.

     Was read the second time.

1088je

     Rep. Michels moved that HB 1088 be amended as follows:

     On page 1, line 8 of the House Health and Human Services Committee engrossed bill, after " projects " insert "occurring in South Dakota".

     On page 1, line 9, after " injury. " insert "No research project may be funded if the research violates the provisions of § §  34-14-16 to 34-14-20, inclusive, or §  34-23A-17.".
    
     Which motion prevailed and HB 1088 was so amended.
      The question being "Shall HB 1088 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 27, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Burg; Christensen; Cradduck; Cutler; Dykstra; Elliott; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hundstad; Hunhoff; Konold; Kroger; Lange; LaRue; McCoy; McLaughlin; Miles; Nesselhuf; O'Brien; Olson (Mel); Putnam; Rave; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Williamson; Speaker Michels

     Nays:
Buckingham; Davis; Deadrick (Thomas); Engels; Frost; Garnos; Hennies; Juhnke; Klaudt; Koistinen; Kraus; Lintz; Madsen; McCaulley; Murschel; Novstrup; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rhoden; Rounds; Van Etten; Van Gerpen; Van Norman; Weems; Wick

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

     HB 1110:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the expenditure of proceeds from the county wheel tax.

     Was read the second time.

     The question being "Shall HB 1110 pass?"

     And the roll being called:

     Yeas 55, Nays 15, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Garnos; Gassman; Gillespie; Glenski; Hanson; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Ryan); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Williamson

     Nays:
Buckingham; Frost; Fryslie; Hackl; Hargens; Juhnke; Koistinen; Madsen; Olson (Mel); Pederson (Gordon); Sebert; Valandra; Van Norman; Wick; Speaker Michels

     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 1108:   FOR AN ACT ENTITLED, An Act to   authorize landowners and operators to hunt big game from certain public highways.

     Was read the second time.

1108ta

     Rep. Fryslie moved that HB 1108 be amended as follows:

     On page 1, line 9 of the printed bill, delete " highway " and insert " right-of-way ".

     On page 1 , line 10, delete " highway " and insert " right-of-way ".

     On page 1 , line 13, after " lessee. " insert " For purposes of this section, the term, operator, means a person who uses the land adjacent to the public right-of-way primarily for agricultural purposes, including the producing, raising, growing, or harvesting of food or fiber upon agricultural land, including dairy products, livestock, and crops. Operator does not include the services of custom harvesters, chemical applicators, fertilizer spreaders, hay grinders, and cultivators. ".

     Which motion prevailed and HB 1108 was so amended.

     The question being "Shall HB 1108 pass as amended?"

     And the roll being called:

     Yeas 13, Nays 57, Excused 0, Absent 0

     Yeas:
Begalka; Deadrick (Thomas); Fryslie; Garnos; Hanson; Hargens; Juhnke; Klaudt; Koistinen; Lintz; Peterson (Jim); Rhoden; Sebert

     Nays:
Adelstein; Bartling; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Dykstra; Elliott; Engels; Frost; Gassman; Gillespie; Glenski; Hackl; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Konold; Kraus; Kroger; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Putnam; Rave; Rounds; Schafer; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

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

     HB 1100:   FOR AN ACT ENTITLED, An Act to   make certain alcohol license fee provisions consistent.


     Was read the second time.

     The question being "Shall HB 1100 pass?"

     And the roll being called:

     Yeas 63, Nays 7, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hunhoff; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Hundstad; Juhnke; LaRue; Lintz; McCaulley; Rave; Valandra

     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 SENATE BILLS AND JOINT RESOLUTIONS

     SB 30:   FOR AN ACT ENTITLED, An Act to   clarify certain prohibitions against direct or indirect benefit by members of the Investment Council.

     Was read the second time.

30ra

     Rep. Michels moved that SB 30 be amended as follows:

     On page 1, line 9 of the printed bill, delete " materially " .

     On page 1 , line 11, after " party. " insert " Except as provided in section 2 of this Act, the council may not enter into any contract or transaction with any firm or business in which a council member serves as a principal, shareholder, trustee, director, officer, employee, agent, or independent contractor. ".

     On page 1 , delete line 14 , and insert "The provisions of this Act do not prohibit a transaction that:".

     On page 1 , line 15, delete " The benefits of the transaction affect " and insert "Affects".
     On page 2 , line 3, delete " The benefits of the transaction affect " and insert "Affects".

     On page 2 , line 6, delete " The transaction involves " and insert "Involves".

     On page 2 , delete lines 14 to 18 , inclusive.

     Which motion prevailed and SB 30 was so amended.

     The question being "Shall SB 30 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Adelstein; Hargens

     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.

     SB 22:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the appearance by a parent in person, by counsel, or by telephone for a hearing to voluntarily terminate parental rights.

     Was read the second time.

     Rep. Bill Peterson moved that SB 22 be deferred to Thursday, February 6, the 17th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 31:   FOR AN ACT ENTITLED, An Act to   clarify the immunity from personal liability of certain persons discharging their responsibilities under the higher education savings plan and to provide for holding them harmless under such circumstances.

     Was read the second time.

31oc

     Rep. Michels moved that SB 31 be amended as follows:

     On page 1, line 9 of the House State Affairs Committee engrossed bill, delete everything after " program. " .

     On page 1 , delete lines 10 to 13 , inclusive.

     Which motion prevailed and SB 31 was so amended.

     The question being "Shall SB 31 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Engels; Van Norman

     Excused:
Hargens

     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. Michels moved that the title to SB 31 be amended as follows:

     On page 1, line 2 of the House State Affairs Committee engrossed bill, delete " and to " and insert ".".

     On page 1 , delete line 3 .

     Which motion prevailed and the title was so amended.

    Speaker Michels now presiding.

     SB 27:   FOR AN ACT ENTITLED, An Act to   classify mountain lions as big game and to allow the use of dogs in hunting mountain lions.

     Was read the second time.

     The question being "Shall SB 27 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Frost; Fryslie; Garnos; Gassman; Glenski; Hackl; Hanson; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Engels; Gillespie; Kroger; Nesselhuf; Olson (Mel); Thompson; Van Norman

     Excused:
Hargens

     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.

     SB 11:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the return and canvass of votes.

     Was read the second time.

     The question being "Shall SB 11 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Hargens

     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 SB 21, 66, 1, 2, and 24 be deferred to Thursday, February 6th, the 17th legislative day.

     Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1017, 1018, 1051, 1052, 1053, and 1055 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1017: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to ambulance service personnel certification.

     HB 1018: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to advanced life support personnel.

     HB 1051: FOR AN ACT ENTITLED, An Act to  make sliming court services officers or designees a crime.

     HB 1052: FOR AN ACT ENTITLED, An Act to  provide for the accommodation of both electronic and manual jury draw processes.

     HB 1053: FOR AN ACT ENTITLED, An Act to  provide for the centralization and computerization of certain jury selection processes.

     HB 1055: FOR AN ACT ENTITLED, An Act to  revise the authority of magistrate courts and to revise certain provisions pertaining thereto.

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 3:46 p.m. the House adjourned.

Karen Gerdes, Chief Clerk