JOURNAL OF THE HOUSE

SEVENTY-FOURTH  SESSION




THIRTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 28, 1999

     The House convened at 2:00 P.M., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Phil Lint, followed by the Pledge of Allegiance led by House page Abigail Barber.

     Roll Call: All members present except Rep. Duniphan 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 twelfth 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,
ROGER W. HUNT, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1089 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1099 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 Commerce respectfully reports that it has had under consideration HB 1087 and returns the same with the recommendation that said bill be amended as follows:

j-1087

     On page 1 , line 7 of the printed bill , delete " the loan " and insert " there " .

     On page 1 , line 8 , delete " and " and insert " of " .

     On page 1 , line 8 , after " loan " insert " and the " .

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Robert Roe, Chair


Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1005 and returns the same with the recommendation that said bill be amended as follows:
b-1005

     On page 1 , line 6 of the printed bill , delete " , two of whom shall be the secretary of agriculture and " .

     On page 1 , line 7 , delete " the president of South Dakota State University " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1057 and returns the same with the recommendation that said bill be amended as follows:
t-1057

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

     On page 2 , line 15 , delete " seventy-five " and insert " one hundred " .

     On page 2 , line 18 , delete " forty " and insert " fifty " .

     On page 3 , line 19 , delete " forty " and insert " fifty " .

     On page 10 , line 7 , delete " forty " and insert " fifty " .

     On page 10 , line 17 , delete " forty " and insert " fifty " .

     On page 11 , after line 23 , insert:

"      Section 22. There is hereby established in the state treasury the agricultural promotion and education fund. Any interest earned on money in the fund shall be deposited in the fund. Money in the fund is continuously appropriated to the Department of Agriculture to provide funding for educational or promotional projects and activities that enhance and promote the well-being of South Dakota's agricultural sector. The department shall promulgate rules pursuant to chapter 1-26 to establish procedures and criteria for the selection of projects and activities to receive such funds.

     Section 23. Each year, the sum of fifty thousand dollars shall be deposited in the agricultural promotion and education fund on a prorata basis from money collected from the following sources:

             (1)    Commercial feed licenses pursuant to § 39-14-40.1;
             (2)    Fees paid on pet foods and specialty pet foods pursuant to § 39-14-43;
             (3)    Animal remedy registrations pursuant to § 39-18-8;
             (4)    Commercial fertilizer distributor licenses pursuant to § 38-19-2.1;
             (5)    Specialty fertilizer pesticide registration pursuant to § 38-20A-4;
             (6)    Specialty fertilizer inspection fee pursuant to § 38-19-10;
             (7)    Soil conditioner product registration pursuant to § 38-19A-4;
             (8)    Pesticide applicator license pursuant to § 38-21-17; and
             (9)    Pesticide dealer's license pursuant to § 38-21-33.5. "

     And that as so amended said bill do pass.
Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1003 and returns the same with the recommendation that said resolution be amended as follows:
t-1003

     On page 171 , line 13 of the House Journal , delete " and " and insert " , " .

     On page 171 , line 13 , after " members " insert " , and business people " .

     And that as so amended said resolution be adopted.

Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1117 and 1125 which were deferred to the 41st legislative day.


Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1151 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1140 and returns the same with the recommendation that said bill be amended as follows:

f-1140d

     On page 2 , line 18 of the printed bill , after " section. " insert " Upon redemption of a certificate that has been sold or assigned to a purchaser other than the county, a fee shall be deducted from the proceeds paid to the holder of the certificate. The county commission may, by resolution, establish a fee not to exceed fifty dollars. No property owner may be assessed this additional fee. The fee shall be deposited in the county general fund. "

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1146 and returns the same with the recommendation that said bill be amended as follows:
f-1146

     On page 1 , line 11 of the printed bill , delete " by November first " and insert " on or before October thirty-first " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1119 and 1150 which were deferred to the 41st legislative day.


Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1126 and SB 9 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1070 and returns the same with the recommendation that said bill be amended as follows:
t-1070

     On page 2 , line 4 of the printed bill , delete " and enforce " .

     On page 2 , line 5 , delete " 10 " and insert " 9 " .

     On page 2 , line 11 , delete everything after " officer " .

     On page 2 , line 12 , delete everything before " . " .

     On page 4 , delete lines 10 to 25 , inclusive .

     On page 5 , delete lines 1 to 4 , inclusive .

F-1070t

     On page 1 , line 1 of the printed bill , delete " and enforce " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill be amended as follows:
t-1108

     On page 1 , line 4 of the printed bill , after " public utility " insert " or electric utility " .

     On page 1 , line 6 , delete " construction " and insert " repair " .
F-1108t

     On page 1 , line 1 of the printed bill , after " utilities " insert " or electric utilities " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill be amended as follows:
f-1112

     On page 1 , line 7 of the printed bill , after " provided " insert " by the utility " .

     On page 1 , line 9 , after " by " insert " the " .

     And that as so amended said bill do pass.

Respectfully submitted,
Donald Munson, Vice Chair


Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1075 and returns the same with the recommendation that said bill be amended as follows:

c-1075

     On page 1 , delete lines 4 to 15 of the printed bill , inclusive .

     On page 2 , delete lines 1 to 4 , inclusive .

     On page 3 , line 11 , overstrike " year " and insert " semester " .

     On page 3 , line 13 , overstrike " year " and insert " semester " .
     On page 3 , line 24 , overstrike " annual " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1097 which was deferred to the 41st legislative day.


Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1030 and 1031 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 71, 77, 80, 88, 91, and 109 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     Yesterday, Rep. Larry Diedrich announced his intention to reconsider the vote by which HB 1098 was lost.

     Rep. Larry Diedrich moved to reconsider the vote by which HB 1098 was lost.

     The question being on Rep. Larry Diedrich's motion to reconsider the vote by which HB 1098 was lost.

     And the roll being called:


     Yeas 41, Nays 28, Excused 1, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Burg; Cerny; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koskan; Lintz; Lockner; McCoy; McNenny; Monroe; Napoli; Patterson; Pummel; Putnam; Smidt; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Windhorst; Young; Speaker Hunt

     Nays were:
Apa; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Crisp; Davis; Earley; Fischer-Clemens; Haley; Klaudt; Koetzle; Konold; Kooistra; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Peterson; Richter; Roe; Sebert; Slaughter; Solum; Volesky; Wilson; Wudel

     Excused were:
Duniphan

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1098 was up for reconsideration and final passage.

     HB 1098:   FOR AN ACT ENTITLED, An Act to   revise the procedure for authorizing a bond issue involving two or more political subdivisions.

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

     The question being "Shall HB 1098 pass as amended?"

     And the roll being called:

     Yeas 39, Nays 30, Excused 1, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Burg; Cerny; Clark; Cutler; Diedrich (Larry); Duenwald; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hanson; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koskan; Lintz; Lockner; McCoy; McNenny; Monroe; Nachtigal; Napoli; Patterson; Pummel; Putnam; Slaughter; Smidt; Waltman; Weber; Wetz; Windhorst; Young; Speaker Hunt

     Nays were:
Apa; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Davis; Derby; Diedtrich (Elmer); Earley; Fischer-Clemens; Hagen; Haley; Hennies; Koetzle; Konold; Kooistra; Lucas; McIntyre; Michels; Munson (Donald); Peterson; Richter; Roe; Sebert; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Wilson; Wudel

     Excused were:
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.

     Rep. Roe announced his intention to reconsider the vote by which HB 1098 was passed.

     Rep. Cutler rose to a point of order regarding Rep. Roe's intention to reconsider the vote by which HB 1098 was passed.

    The Speaker ruled the motion out of order, pursuant to JR 5-11.1.

     Yesterday, Rep. Kooistra announced his intention to reconsider the vote by which HB 1072 was lost.

     No member moved to reconsider the vote by which HB 1072 was lost.

     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 29th, the 14th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES



     Rep. Cutler moved that the report of the Standing Committee on

     Judiciary on HB 1091 as found on page 206 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


    The following bills were read yesterday and today the Speaker assigned these bills to committees:

     HB 1195 was referred to the Committee on Transportation.

     HB 1196 was referred to the Committee on State Affairs.

     HB 1197 was referred to the Committee on State Affairs.

     HB 1198 was referred to the Committee on State Affairs.



     HB 1199 was referred to the Committee on Judiciary.

     HB 1200 was referred to the Committee on State Affairs.

     HB 1201 was referred to the Committee on State Affairs.

     HB 1202 was referred to the Committee on State Affairs.

     HB 1203 was referred to the Committee on Education.

     HB 1204 was referred to the Committee on State Affairs.

     HB 1205 was referred to the Committee on State Affairs.

     HB 1206 was referred to the Committee on Judiciary.

     HB 1207 was referred to the Committee on Judiciary.

     HB 1208 was referred to the Committee on Judiciary.

     HB 1209 was referred to the Committee on Taxation.

     HB 1210 was referred to the Committee on Education.

     HB 1211 was referred to the Committee on Education.

     HB 1212 was referred to the Committee on Education.

     HB 1213 was referred to the Committee on Agriculture and Natural Resources.

     HB 1214 was referred to the Committee on Agriculture and Natural Resources.

     HB 1215 was referred to the Committee on Agriculture and Natural Resources.

     HB 1216 was referred to the Committee on State Affairs.

     HB 1217 was referred to the Committee on Judiciary.

     HB 1218 was referred to the Committee on State Affairs.

     HB 1219 was referred to the Committee on Education.

     HB 1220 was referred to the Committee on Taxation.

     HB 1221 was referred to the Committee on Education.

     HB 1222 was referred to the Committee on Health and Human Services.



     HB 1223 was referred to the Committee on Health and Human Services.

     HB 1224 was referred to the Committee on Local Government.

     HB 1225 was referred to the Committee on Education.

     HB 1226 was referred to the Committee on Agriculture and Natural Resources.

     HB 1227 was referred to the Committee on Agriculture and Natural Resources.

     HB 1228 was referred to the Committee on Education.

     HB 1229 was referred to the Committee on Education.

     HB 1230 was referred to the Committee on Judiciary.

     HJR 1004 was referred to the Committee on Taxation.

    
     HB 1231   Introduced by:  Representative Broderick and Senator Munson (David)

       FOR AN ACT ENTITLED, An Act to   increase certain motor vehicle dealer's license fees and to increase the bond to get a dealer's license.

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

     HB 1232   Introduced by:  Representatives Diedtrich (Elmer) and Waltman and Senators Lawler and Drake

       FOR AN ACT ENTITLED, An Act to   distribute certain sales and service taxes collected during county fairs to counties for making improvements to fairgrounds.

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

     HB 1233   Introduced by:  Representative Weber and Senator Lange

       FOR AN ACT ENTITLED, An Act to   place certain restrictions on the ownership of livestock feedlots by certain livestock processors.

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

     HB 1234   Introduced by:  Representatives Nachtigal, Apa, Broderick, Brown (Jarvis), Burg, Cerny, Chicoine, Crisp, Duenwald, Fischer-Clemens, Hagen, Haley, Hanson, Jaspers, Juhnke, Kazmerzak, Klaudt, Koehn, Koetzle, Kooistra, Lintz, Lockner, Lucas, Putnam, Volesky,

Waltman, Weber, Wetz, and Wilson and Senators Kloucek, Bogue, Dennert, Flowers, Hutmacher, Lange, Olson, Reedy, Shoener, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   regulate certain livestock packer transactions.

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

     HB 1235   Introduced by:  Representatives Koehn, Cerny, Diedtrich (Elmer), Hagen, Klaudt, Lintz, and Weber and Senators Brown (Arnold) and Ham

       FOR AN ACT ENTITLED, An Act to   revise certain transportation and recordkeeping requirements for ambulance services.

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

     HB 1236   Introduced by:  Representatives Sutton (Daniel), Crisp, Engbrecht, Hanson, Hennies, Kooistra, McIntyre, Slaughter, Waltman, and Weber and Senators Whiting, Ham, and Lange

       FOR AN ACT ENTITLED, An Act to   increase the retail sales tax on certain alcoholic beverages and to distribute the revenue to counties.

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

     HB 1237   Introduced by:  Representative Volesky

       FOR AN ACT ENTITLED, An Act to   increase the sales and use tax and to repeal the video lottery and to refer the Act to a vote of the electors of this state at the next general election.

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

     HB 1238   Introduced by:  Representative Volesky

       FOR AN ACT ENTITLED, An Act to   increase the excise tax on certain motor fuels for state and local government purposes and to deposit the increased revenue for local government purposes in the local government highway and bridge fund.

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

     HB 1239   Introduced by:  Representative Wilson


       FOR AN ACT ENTITLED, An Act to   provide for a statewide public defender program for indigents charged with certain high-grade felonies.

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

     HB 1240   Introduced by:  Representatives Cutler, Chicoine, Crisp, Diedrich (Larry), Haley, Kazmerzak, Koskan, McNenny, and Waltman and Senators Frederick, Benson, Bogue, Drake, Duxbury, Flowers, Hutmacher, Kleven, and Symens

       FOR AN ACT ENTITLED, An Act to   declare that the Wheat Utilization, Research and Market Development Commission, the South Dakota Oilseeds Council, the South Dakota Soybean Research and Promotion Council, and the South Dakota Corn Utilization Council, are not agencies of the State of South Dakota, to repeal their rulemaking authority, and to revise other provisions relating to them and the Department of Agriculture.

     Was read the first time.
    
    HB 1241   Introduced by:  Representatives Kooistra, Diedtrich (Elmer), Munson (Donald), and Weber and Senator Flowers

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding a wheel tax on motor vehicles.

     Was read the first time.

     HB 1242   Introduced by:  Representatives Kooistra and Diedtrich (Elmer)

       FOR AN ACT ENTITLED, An Act to   revise certain procedures regarding the reduction of license fees for older vehicles.

     Was read the first time.

     HB 1243   Introduced by:  Representatives McNenny, Eccarius, Klaudt, Koskan, Pummel, and Putnam and Senators Kleven and Drake

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to conflicts of interest by school district personnel.

     Was read the first time.

     HB 1244   Introduced by:  Representatives Smidt, Clark, Cutler, Engbrecht, Roe, Slaughter, and Sutton (Daniel) and Senator Brown (Arnold)

       FOR AN ACT ENTITLED, An Act to   mandate that the South Dakota Board of Education promulgate rules to create resident and nonresident tuition rates at the technical institutes.



     Was read the first time.

     HB 1245   Introduced by:  Representatives Smidt, Clark, Cutler, Engbrecht, Roe, Slaughter, and Sutton (Daniel) and Senators Brown (Arnold) and Frederick

       FOR AN ACT ENTITLED, An Act to   revise the statutory requirement for residency for purposes of tuition at state universities.

     Was read the first time.

     HB 1246   Introduced by:  Representatives Cerny, Chicoine, McNenny, and Wudel and Senators Hutmacher, Benson, Moore, and Reedy

       FOR AN ACT ENTITLED, An Act to   provide a per diem allowance for county and municipal housing and redevelopment commissioners.

     Was read the first time.

     HB 1247   Introduced by:  Representatives Cerny, Davis, McNenny, and Putnam and Senators Hutmacher, Benson, Moore, and Reedy

       FOR AN ACT ENTITLED, An Act to   provide for the reinstatement, under certain circumstances, of a person's driver's license under revocation for refusal to submit to a blood test if the defendant is subsequently found not guilty or if the charge is dismissed.

     Was read the first time.

     HB 1248   Introduced by:  Representatives Jaspers, Brown (Jarvis), Cerny, Diedrich (Larry), Duenwald, Hanson, McNenny, Sutton (Duane), Waltman, and Wetz and Senators Drake, Benson, Dennert, Hainje, and Kleven

       FOR AN ACT ENTITLED, An Act to   establish the maintenance and repair fund for state dams and to provide for its funding.

     Was read the first time.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1042:   FOR AN ACT ENTITLED, An Act to   authorize the secretary of commerce and regulation to issue restricted driver licenses to persons whose driving privileges have been withdrawn and to promulgate certain administrative rules.

     Was read the second time.

     The question being "Shall HB 1042 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Klaudt; Koskan; Waltman

     Excused were:
Duniphan; 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 1045:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the confidentiality of bank examinations.

     Was read the second time.
    
    The question being "Shall HB 1045 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt


     Nays were:
Lucas; Waltman

     Excused were:
Duniphan; Michels

     Absent and Not Voting were:
Crisp

     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 1090:   FOR AN ACT ENTITLED, An Act to   revise administrative procedures regarding the filing of a notice of appeal, an application for a stay pending appeal, and the time for serving briefs.

     Was read the second time.

     The question being "Shall HB 1090 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Duniphan; 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 1092:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the appointment of a special administrator for probate.

     Was read the second time.

     The question being "Shall HB 1092 pass?"

     And the roll being called:



     Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Duniphan; 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 1093:   FOR AN ACT ENTITLED, An Act to   exempt limited liability companies from the filing fee for the first annual report under certain circumstances.

     Was read the second time.

     The question being "Shall HB 1093 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Napoli

     Excused were:
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.
    

    HB 1094:   FOR AN ACT ENTITLED, An Act to   revise certain guardianship and conservatorship provisions regarding appointment hearings, financial statements, and successors.

     Was read the second time.

     The question being "Shall HB 1094 pass?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Monroe; Napoli; Windhorst

     Excused were:
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.

     HB 1102:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the disclaimer of a property interest a person is entitled to by will or intestate succession.

     Was read the second time.

     The question being "Shall HB 1102 pass?"

     And the roll being called:


     Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
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.

     HB 1095:   FOR AN ACT ENTITLED, An Act to   revise certain administrative rules relating to telecommunications services.

     Was read the second time.

     The question being "Shall HB 1095 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Duniphan

     Absent and Not Voting were:
Clark

     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 1015:   FOR AN ACT ENTITLED, An Act to   revise certain election procedures for the formation of certain special districts and the election of directors, managers, or trustees.

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

     Rep. McNenny moved that HB 1015 be deferred to the 41st legislative day.

     The question being on Rep. McNenny's motion that HB 1015 be deferred to the 41st legislative day.

     And the roll being called:

     Yeas 62, Nays 7, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Davis; Lockner; Monroe; Munson (Donald); Nachtigal; Sutton (Daniel); Volesky

     Excused were:
Duniphan

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1015 was so deferred.

     Rep. Donald Munson announced his intention to reconsider the vote by which HB 1015 was lost.

     HB 1014:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the regulation, inspection, and transportation of livestock.

     Was read the second time.

     The question being "Shall HB 1014 pass as amended?"


     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
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.

     Speaker Pro tempore Eccarius now presiding.

     HB 1076:   FOR AN ACT ENTITLED, An Act to   appropriate federal funds for the continuation of the Visitation Enforcement Program Implementation Task Force.

     Was read the second time.

     The question being "Shall HB 1076 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Monroe; Napoli


     Excused were:
Duniphan

     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.

     HB 1058:   FOR AN ACT ENTITLED, An Act to   revise the Board of Accountancy's authority regarding certificate holders not in public practice and to revise certain educational, continuing education, and examination requirements for licensees and certificate holders.

     Was read the second time.

     The question being "Shall HB 1058 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 15, Excused 2, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Roe; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young

     Nays were:
Apa; Crisp; Duenwald; Fryslie; Klaudt; Koskan; McNenny; Monroe; Napoli; Pummel; Putnam; Richter; Sebert; Windhorst; Speaker Hunt

     Excused were:
Clark; Duniphan

     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.

     HB 1084:   FOR AN ACT ENTITLED, An Act to   establish deadlines for action by school districts on certain reorganization petitions and plans.

     Was read the second time.

     The question being "Shall HB 1084 pass as amended?"

     And the roll being called:


     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Klaudt

     Excused were:
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.

    HB 1103:   FOR AN ACT ENTITLED, An Act to   increase the per diem paid to jurors.

    Was read the second time.

t-1103

     Rep. Jaspers moved that HB 1103 be amended as follows:

     On page 1 , line 5 of the printed bill , delete " forty fifty " and insert " a minimum of forty " .

    A roll call vote was requested and supported.

     The question being on Rep. Jaspers' motion that HB 1103 be amended.

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Monroe; Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Windhorst; Wudel; Young

     Nays were:
Burg; Fischer-Clemens; Haley; Koetzle; Lucas; Michels; Munson (Donald); Slaughter; Volesky; Wilson; Speaker Hunt

     Excused were:
Duniphan

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1103 was so amended.

     The question being "Shall HB 1103 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Diedrich (Larry); Haley; Koetzle; Lucas; Michels; Napoli; Slaughter; Volesky

     Excused were:
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.

     Speaker Hunt now presiding.

     HB 1051:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the fuel excise tax.

     Was read the second time.

o-1051

     Rep. Napoli moved that HB 1051 be amended as follows:

     On page 30 , line 6 of the printed bill , overstrike " two hundred fifty " and insert " one hundred twenty-five " .

     On page 30 , line 8 , after " of " overstrike " five hundred " and insert " two hundred fifty " .

     On page 30 , line 8 , after " a " overstrike " five hundred " and insert " two hundred fifty " .

     On page 30 , line 10 , overstrike " one thousand " and insert " five hundred " .

    Rep. Kooistra rose to a point of order regarding the Speaker's ruling that a two-thirds majority vote is required for passage of this bill.

    The Speaker restated his decision that a two-thirds majority vote is required for passage.

    Rep. Monroe moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Napoli's motion that HB 1051 be amended.

     And the roll being called:

     Yeas 31, Nays 38, Excused 1, Absent and Not Voting 0

     Yeas were:
Burg; Chicoine; Cutler; Derby; Diedrich (Larry); Duenwald; Eccarius; Engbrecht; Fitzgerald; Fryslie; Garnos; Hagen; Juhnke; Klaudt; Koehn; Koskan; Lintz; McCoy; McNenny; Monroe; Nachtigal; Napoli; Patterson; Pummel; Putnam; Roe; Waltman; Weber; Wetz; Windhorst; Young

     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Crisp; Davis; Diedtrich (Elmer); Earley; Fiegen; Fischer-Clemens; Haley; Hanson; Hennies; Jaspers; Kazmerzak; Koetzle; Konold; Kooistra; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Peterson; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Wilson; Wudel; Speaker Hunt

     Excused were:
Duniphan

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

     The question being "Shall HB 1051 pass?"



     And the roll being called:

     Yeas 52, Nays 17, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wilson; Wudel; Speaker Hunt

     Nays were:
Crisp; Fitzgerald; Garnos; Hagen; Klaudt; Koskan; McCoy; McNenny; Monroe; Napoli; Patterson; Volesky; Waltman; Weber; Wetz; Windhorst; Young

     Excused were:
Duniphan

     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.

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

MOTIONS AND RESOLUTIONS


     Rep. Roe moved that HB 1228 be referred from the Committee on Education to the Committee on Health and Human Services.

     Which motion prevailed and the bill was so referred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 71:   FOR AN ACT ENTITLED, An Act to   require notice to landowners before entry on private lands for certain planning commission functions.

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

     SB 77:   FOR AN ACT ENTITLED, An Act to   revise the date when a third-party administrator of life or health insurance coverage is required to file an annual report.


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

     SB 80:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions relating to the disposition of certain controlled weapons or firearms.

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

     SB 88:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

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

     SB 91:   FOR AN ACT ENTITLED, An Act to   revise certain provisions governing the location of hunting authorized by landowner preference and limited big game licenses and permits.

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

     SB 109:   FOR AN ACT ENTITLED, An Act to   provide for the public announcement of capital punishment execution dates.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 33:   FOR AN ACT ENTITLED, An Act to   create a procedure for challenging certain nominating, initiative, or referendum petitions.

     Was read the second time.

     Rep. Eccarius moved that SB 33 be deferred until Monday, February 1, the 15th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 42:   FOR AN ACT ENTITLED, An Act to   designate certain areas within the state park system which the Game, Fish and Parks Commission may require a park license and to declare an emergency.

     Was read the second time.



     The question being "Shall SB 42 pass?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Duenwald; Fitzgerald; Klaudt; Monroe; Napoli; Windhorst

     Excused were:
Burg; Duniphan

     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.

     SB 7:   FOR AN ACT ENTITLED, An Act to   establish the county road and bridge fund.

     Was read the second time.

     The question being "Shall SB 7 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Cutler; Eccarius


     Excused were:
Burg; Duniphan

     Absent and Not Voting were:
Kazmerzak

     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 51:   FOR AN ACT ENTITLED, An Act to   apply certain uniform tax administration procedure hearings to the regulation of vehicle dealers.

     Was read the second time.

     The question being "Shall SB 51 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Klaudt; Koehn

     Excused were:
Burg; Clark; 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.


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1030 and 1031 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1030: FOR AN ACT ENTITLED, An Act to  require state health inspections of school food services programs.

     HB 1031: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to state aid to education.

     SB 35: FOR AN ACT ENTITLED, An Act to  revise the requirements for updating the master registration list.

     SB 67: FOR AN ACT ENTITLED, An Act to  revise certain dates pertaining to the equalization of tax assessments.

     And signed the same in the presence of the House.

     Rep. Roe moved that the House do now adjourn, which motion prevailed, and at 4:51 p.m. the House adjourned.

KAREN GERDES, Chief Clerk