House Journal 01/31/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 31, 2005

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

The prayer was offered by the Chaplain, Pastor Nancy Kapp, followed by the Pledge of Allegiance led by House page Nicole West.

Roll Call: All members present except Rep. Murschel 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 thirteenth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1052, 1054, and 1066 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1068 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
J.E. "Jim" Putnam, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1011 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete " establish " and insert "have".

On page 1 , line 10, delete " or may be " .

On page 1 , line 14, delete " state and local " .

On page 1 , line 14, after " record " insert "related to residence, household composition, employment, finances and resources, and medical records as authorized by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), PL 104-199, as amended through January 1, 2005,".

On page 2 , line 1, after " information; " insert "and".

On page 2 , delete lines 2 and 3 .

On page 2 , line 4, delete " (5) " and insert "(4)".

On page 2 , line 7, delete " established pursuant to this Act " .

On page 2 , after line 15, insert:

"
Section 4. The secretary of the Department of Social Services shall annually report to the Governor and the Legislature concerning the activities of the program including the number and type of cases investigated, the outcome of such investigations, and costs and expenditures incurred during such investigations.".

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 1012 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the printed bill, after " it " insert "in exchange for anything of value".

On page 1 , delete line 13 , and insert "for anything of value;".

On page 2 , line 1, delete " a value of two hundred " and insert "an EBT card value of one thousand".

On page 2 , line 3, delete " a value of more than two hundred " and insert "an EBT card value of more than one thousand".

On page 2 , line 4, after " felony. " insert "Amounts involved in the acquisition or transfer of EBT cards in violation of subdivisions (1) and (2) of section 1 of this Act, committed pursuant to one scheme or course of conduct in any twelve-month period, may be aggregated in determining the degree of the offense.".

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 1138 and 1164 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1162 and 1196 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1132 and 1133 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1119 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That § 32-5-27 be amended to read as follows:

32-5-27. Any dealer, person, firm, or corporation, which brings into the state or purchases any used or secondhand out-of-state motor vehicles not currently licensed in this state for the purpose of sale or resale, except as a trade-in on a new motor vehicle or another used motor vehicle or , a used motor vehicle purchased by a dealer and sold to another dealer, vehicles receiving a junking certificate or , motor vehicles with a gross vehicle weight rating of over twenty-six thousand pounds , or a semitrailer with a manufacturer's shipping weight of nine thousand pounds or more, shall, within thirty days from the date of purchase or entry of the motor vehicle into the limits of this state, or from the date of purchase at a dealer's car auction agency, title the motor vehicle pursuant to chapter 32-3 and pay the excise tax pursuant to chapter 32-5B but is not required to license the vehicle. Any licensed motor vehicle dealer titling a motor vehicle pursuant to this section is exempt from paying the excise tax imposed by § 32-5B-1 on such vehicle. A vehicle titled by a licensed motor vehicle dealer pursuant to this section shall be issued a title indicating that no excise tax has been paid. Upon transfer of the title to a subsequent purchaser of the motor vehicle, the excise tax shall be paid by the purchaser or by any other person as defined by subdivision 2-14-2(18), on behalf of and as the agent for the purchaser. A violation of this section is a Class 2 misdemeanor.

The provisions of this section do not apply to any motor vehicle titled and licensed in another jurisdiction which is sold in this state through a dealer's car auction agency licensed under the provisions of chapter 32-6B.

Section 2. That § 32-3-51.8 be amended to read as follows:

32-3-51.8. Upon the sale, transfer, or trade-in of a motor vehicle, or if licensing a motor vehicle in South Dakota which is titled in another state or jurisdiction, the seller, transferor, trader, or person wishing to license in South Dakota the motor vehicle which is titled in another state or jurisdiction Upon the sale, transfer, trade-in, or titling of a motor vehicle, the seller, transferor, trader, or person wishing to title in South Dakota shall submit an accurately completed damage disclosure statement ~~when applying for a certificate of title pursuant to § 32- 3-18~~ . The completed damage disclosure statement may be on the back of the certificate of title or on a separate document that has been approved for use by the department. Except as otherwise provided by this section, no certificate of title may be issued by the department unless the damage disclosure statement accompanies the application. It is a Class 1 misdemeanor to intentionally falsify any information on the damage disclosure statement. No person or dealer is liable to a subsequent owner of a vehicle because a prior owner of the vehicle failed to disclose that the vehicle had previously been damaged and repaired. This section does not apply to any motor ~~vehicles~~ vehicle more than six model years old or with a gross vehicle weight rating of more than sixteen thousand pounds and does not apply if a rebuilt title or junking certificate is sought.

This section ~~does apply~~ applies to all other motor vehicles, but only damage in excess of five thousand dollars shall be disclosed in the statement. If the motor vehicle has incurred damages more than once, only those damages ~~which~~ that occurred at one time ~~would be~~ are considered in determining whether the damages exceeded five thousand dollars.

Section 3. That § 32-5B-13 be repealed:

32-5B-13. Following a retail sale of a motor vehicle licensed pursuant to § 32-5-27 to an out-of-state resident who has not purchased the vehicle for the purpose of resale, the seller of the vehicle upon application to the county treasurer shall receive a refund of the excise tax imposed by § 32-5B-1. The seller shall present the county treasurer with a copy of the retail sale order, a receipt for the payment of the excise tax, motor vehicle title, and an affidavit stating the documents are valid before the county treasurer makes such refund. "

And that as so amended said bill do pass.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1114, 1136, 1143, 1144, and 1145 and HJR 1002 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1021, 1022, 1035, 1045, 1046, 1047, 1050, 1063, and 1064 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 53, 56, 89, and 109 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully submitted,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Rhoden moved that the reports of the Standing Committees on

Health and Human Services on HB 1089 as found on page 220 of the House Journal ; also

Judiciary on HB 1080 as found on page 221 of the House Journal ; also

Judiciary on HB 1106 as found on pages 221 and 222 of the House Journal; also

Judiciary on HB 1117 as found on page 222 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1211 Introduced by: Representatives Kroger, Bradford, Davis, Dennert, Elliott, Fryslie, Garnos, Gassman, Glover, Haley, Halverson, Hanks, Hargens, Haverly, Hennies, Howie, Jerke, Lange, McCoy, Miles, Pederson (Gordon), Putnam, Rave, Roberts, Rounds, Schafer, Sigdestad, Street, Thompson, and Van Norman and Senators Bartling, Abdallah, Broderick, Gray, Hundstad, Kloucek, Koetzle, Kooistra, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), and Two Bulls

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the reduction of unemployment benefits.

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

HB 1212 Introduced by: The Committee on State Affairs at the request of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to professional and occupational licensing boards.

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

HB 1213 Introduced by: Representatives Bradford, Gassman, Gillespie, Glenski, Kroger, Lange, Miles, Sigdestad, Thompson, and Van Norman and Senators Moore and Hanson (Gary)

FOR AN ACT ENTITLED, An Act to appropriate money for life insurance for members of the South Dakota Guard.

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

HB 1214 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to fund sales tax on food refunds.

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

HB 1215 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, and to declare an emergency.

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

HB 1216 Introduced by: Representatives Hargens, Bradford, Dennert, Elliott, Gassman, Gillespie, Glover, Haley, Halverson, Hennies, Jerke, Kroger, Lange, Miles, Nelson, Sigdestad, Street, Thompson, and Van Norman and Senators Bartling, Hanson (Gary), Hundstad, Koetzle, Moore, Olson (Ed), Peterson (Jim), and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to specify the method of distribution of certain state aid to general education funds.

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

HB 1217 Introduced by: Representatives Dennert, Bradford, Gassman, and Lange and Senators Kooistra and Olson (Ed)

FOR AN ACT ENTITLED, An Act to establish growth-based renewable energy standards for certain electric utilities.

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

HB 1218 Introduced by: Representatives Hunhoff, Glenski, Hennies, Miles, Putnam, and Rausch and Senators Adelstein, Broderick, Dempster, and Knudson

FOR AN ACT ENTITLED, An Act to provide disclosure of fee schedules between health carriers and participating providers.

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

HB 1219 Introduced by: Representatives Tidemann, Boomgarden, McCoy, O'Brien, and Rausch and Senators Adelstein and Olson (Ed)

FOR AN ACT ENTITLED, An Act to appropriate money to the Board of Regents to fund a 2010 individual research seed grant program.

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

HB 1220 Introduced by: Representatives Rhoden, Dykstra, Gillespie, Hargens, and Michels and Senators Bogue, Hanson (Gary), Koskan, Moore, and Schoenbeck

FOR AN ACT ENTITLED, An Act to appropriate money to enhance education in the state.

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

HB 1221 Introduced by: Representatives O'Brien, Cutler, Faehn, Gillespie, and Hunt and Senators Bogue, Adelstein, and Olson (Ed)

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to offers of judgment.

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

HB 1222 Introduced by: Representatives O'Brien, Boomgarden, Cutler, Hennies, Kraus, Murschel, and Willadsen and Senators Olson (Ed) and Schoenbeck

FOR AN ACT ENTITLED, An Act to establish child neglect and endangerment as criminal offenses and to provide penalties therefor.

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

HB 1223 Introduced by: Representatives Van Norman, Boomgarden, Bradford, Gassman, Glenski, Glover, Haley, Halverson, Jensen, Kroger, Lange, Miles, Putnam, Roberts, Sigdestad, Street, Thompson, Valandra, and Vehle and Senators Kloucek, Adelstein, Bartling, Dempster, Gray, Hundstad, Kooistra, McNenny, and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to establish the South Dakota Native American Youth Conservation Program.

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

HB 1224 Introduced by: Representatives Van Norman, Bradford, and Valandra and Senators Bartling, Adelstein, and Kloucek

FOR AN ACT ENTITLED, An Act to revise the types of taxes that the state may enter into compacts with tribes.

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

HB 1225 Introduced by: Representatives Van Norman, Bradford, and Valandra and Senators Bartling, Adelstein, and Kloucek

FOR AN ACT ENTITLED, An Act to revise the provisions concerning the types of taxes that the state may enter into compacts with Indian tribes.

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

HB 1226 Introduced by: Representatives Bradford, Hargens, Valandra, and Van Norman and Senators Moore, Adelstein, Kooistra, and Olson (Ed)

FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the custody and placement of Indian children.

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

HB 1227 Introduced by: Representatives Bradford, Sigdestad, Valandra, and Van Norman and Senators Hanson (Gary) and Nesselhuf

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the hiring by school districts of persons convicted of felony drug distribution.

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

HB 1228 Introduced by: Representatives Peters, Dykstra, Hargens, Haverly, Kroger, and Michels and Senators Sutton (Duane), Bogue, Koetzle, and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance.

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

HB 1229 Introduced by: Representatives Haverly, Boomgarden, Cutler, Garnos, Halverson, Heineman, Hennies, Miles, Murschel, Roberts, Thompson, and Van Etten and Senators Sutton (Dan), Abdallah, Adelstein, Broderick, Dempster, Duniphan, Nesselhuf, and Olson (Ed)

FOR AN ACT ENTITLED, An Act to require standards for certain family day care providers.

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

HB 1230 Introduced by: Representatives Glenski, Bradford, Dennert, Frost, Howie, McCoy, Miles, Roberts, Schafer, Sigdestad, Street, Tidemann, Weems, and Willadsen and Senators Kooistra, Abdallah, Broderick, Dempster, Gray, Hanson (Gary), Koetzle, Olson (Ed), Peterson (Jim), and Sutton (Duane)

FOR AN ACT ENTITLED, An Act to require certain children to be in a booster seat when in a motor vehicle and to provide that certain penalties be waived if a child passenger restraint system or booster seat is acquired.

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

HB 1231 Introduced by: Representatives Thompson, Garnos, Gassman, Glover, Hargens, Hennies, McCoy, McLaughlin, Murschel, Roberts, and Van Norman and Senators Kelly, Adelstein, Bartling, Dempster, Hansen (Tom), Hanson (Gary), Knudson, and Nesselhuf

FOR AN ACT ENTITLED, An Act to increase the length of time for which nationally certified teachers receive stipends.

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

HB 1232 Introduced by: Representative Lange and Senator Kloucek

FOR AN ACT ENTITLED, An Act to require financial assurances for certain concentrated animal feeding operations for the remediation of potential environmental damage.

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

HB 1233 Introduced by: Representatives Hunt, Dykstra, Gillespie, Glenski, Hargens, Heineman, Howie, Jerke, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, Michels, Miles, Pederson (Gordon), Putnam, Rave, Rhoden, Schafer, Street, Tornow, Weems, Wick, and Willadsen and Senators Bartling, Abdallah, Broderick, Earley, Hanson (Gary), Kloucek, Lintz, Moore, Peterson (Jim), Schoenbeck, and Sutton (Duane)

FOR AN ACT ENTITLED, An Act to establish a task force to study abortion and to provide for its composition, scope, and administration.

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

HB 1234 Introduced by: Representatives Valandra, Bradford, Hargens, and Van Norman and Senators Moore, Adelstein, Kooistra, and Olson (Ed)

FOR AN ACT ENTITLED, An Act to revise the conditions where the state may enter into compacts with Indian tribes.

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

HB 1235 Introduced by: Representatives Dennert, Hargens, Kroger, and Roberts and Senators Bartling, Hansen (Tom), Hanson (Gary), Hundstad, Kloucek, Koetzle, Moore, Nesselhuf, Peterson (Jim), and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to revise the index factor for determining the per student allocation.

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

HB 1236 Introduced by: Representative Dennert by request

FOR AN ACT ENTITLED, An Act to limit the annual increase of property taxes that may be levied for the capital outlay fund of school districts.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1001: FOR AN ACT ENTITLED, An Act to establish certain presumptions concerning real property sales used to value property.

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

Rep. Deadrick moved that HB 1001 be amended as follows:

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

On page 1 , line 10, delete everything before " The " .

Which motion prevailed and HB 1001 was so amended.

The question being "Shall HB 1001 pass as amended?"

And the roll being called:

Yeas 57, Nays 11, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gillespie; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Elliott; Gassman; Glenski; Hanks; Kroger; Miles; Roberts; Sigdestad; Street; Van Norman

Excused:
Dennert; Murschel

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. Deadrick moved that the title to HB 1001 be amended as follows:

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise the definition of arms-length transactions for the purposes of assessing real property.".

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

HB 1084: FOR AN ACT ENTITLED, An Act to revise the circumstances for when special elections for home rule charters shall be called.

Was read the second time.

Rep. Tornow moved that HB 1084 be amended as follows:

On page 1, after line 8 of the House Local Government Committee engrossed bill, insert:

" Section 2. That chapter 6-12 be amended by adding thereto a NEW SECTION to read as follows:

For purposes of § § 6-12-7 and 6-12-8, an initiation of the action means the point at which the governing body or combination of governing bodies have passed a motion to either submit the proposed charter to a vote or to submit to a vote the question of whether a charter should be initiated pursuant to § 6-12-2.".

Which motion prevailed and HB 1084 was so amended.

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

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Dennert; Murschel

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 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the permitting and the regulation of shooting preserves and to declare an emergency.

Was read the second time.

The question being "Shall HB 1049 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Rounds

Excused:
Dennert; Murschel

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 1105: FOR AN ACT ENTITLED, An Act to revise the definition of domestic abuse.

Was read the second time.

Rep. Hennies moved that HB 1105 be amended as follows:

On page 1 of the House Judiciary Committee engrossed bill, delete lines 7 to 9 , inclusive, and insert "between family or household members . Any violation of § 25-10-13 or chapter 22- 19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse if the underlying criminal act is committed between family or household members ;".

Which motion prevailed and the HB 1105 was so amended.

The question being "Shall HB 1105 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Deadrick

Excused:
Murschel

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 exempt swine and cattle semen from sales and use tax.

Was read the second time.

The question being "Shall HB 1100 pass?"

And the roll being called:

Yeas 51, Nays 17, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Haverly; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; Miles; Nelson; Novstrup; Olson (Ryan); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems

Nays:
Cutler; Faehn; Frost; Hackl; Hanks; Heineman; Hennies; Hills; Hunt; McCoy; McLaughlin; O'Brien; Pederson (Gordon); Sebert; Wick; Willadsen; Speaker Michels

Excused:
Murschel; Putnam

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 allow certain nonpublic school students to participate in interscholastic activities at other nonpublic schools.

Was read the second time.

Rep. Novstrup moved that HB 1093 be deferred to Wednesday, February 2^nd, the 16^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1101: FOR AN ACT ENTITLED, An Act to except contracts of independent contractors who are captive insurance agents from the prohibition against contracts in restraint of trade.

Was read the second time.

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

And the roll being called:

Yeas 55, Nays 14, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; Hunhoff; Hunt; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McLaughlin; Miles; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Weems; Willadsen; Speaker Michels

Nays:
Brunner; Buckingham; Faehn; Frost; Hackl; Hanks; Howie; Jensen; Klaudt; McCoy; O'Brien; Sebert; Vehle; Wick

Excused:
Murschel

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 1104: FOR AN ACT ENTITLED, An Act to limit the damages that may be awarded in a medical malpractice action against a podiatrist.

Was read the second time.

The question being "Shall HB 1104 pass?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Nays:
Deadrick; Van Norman

Excused:
Murschel

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 53: FOR AN ACT ENTITLED, An Act to provide for adequate access to health care provider networks.

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

SB 56: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to preadmission assessment for admission to nursing facilities.

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

SB 89: FOR AN ACT ENTITLED, An Act to revise certain supervision requirements regarding the delegation of procedures to dental hygienists.

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

SB 109: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the modification of credit card agreements.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 16: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the statutes of limitation for workers' compensation claims.

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

The question being "Shall SB 16 pass?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Elliott; Valandra

Excused:
Murschel

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 59: FOR AN ACT ENTITLED, An Act to permit the involuntary feeding or hydration of a prisoner.

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

The question being "Shall SB 59 pass as amended?"

And the roll being called:

Yeas 39, Nays 30, Excused 1, Absent 0

Yeas:
Brunner; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; McLaughlin; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tornow; Van Etten; Vehle; Weems; Wick; Speaker Michels

Nays:
Boomgarden; Bradford; Buckingham; Cutler; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Klaudt; Kroger; Lange; McCoy; Miles; Putnam; Roberts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Willadsen

Excused:
Murschel

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 13: FOR AN ACT ENTITLED, An Act to create certain provisions regarding transfers of experience rating accounts and assignment of unemployment insurance tax rates.

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

Rep. Hunt moved that SB 13 be amended as follows:

On page 3 of the Senate Commerce Committee engrossed bill, delete lines 21 to 23 , inclusive, and insert:

The secretary may promulgate rules pursuant to chapter 1-26 to implement the application of section 2 of this Act to the assignment of rates and transfers of experience.".

Which motion prevailed and SB 13 was so amended.

The question being "Shall SB 13 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Van Norman

Excused:
Murschel

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 8: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning voter tabulation systems.

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

The question being "Shall SB 8 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Murschel

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 1021, 1022, 1035, 1045, 1046, 1047, 1050, 1063, and 1064 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1021: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

HB 1022: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the winter safe maintenance fund.

HB 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of remote service banking.

HB 1045: FOR AN ACT ENTITLED, An Act to provide for the continuance of coverage for dependents on certain health insurance policies.

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding examination reports of insurers and insurance producers.

HB 1047: FOR AN ACT ENTITLED, An Act to authorize premium discounts for small employers who meet certain carrier participation requirements.

HB 1050: FOR AN ACT ENTITLED, An Act to provide that residents under sixteen years of age are not required to obtain a resident wholesale bait dealer license.

HB 1063: FOR AN ACT ENTITLED, An Act to repeal certain administrative rule-making authority regarding education for gifted children.

HB 1064: FOR AN ACT ENTITLED, An Act to remove the requirement for a certificate of health for certain persons with continuing contracts in a consolidated school district.

SB 1: FOR AN ACT ENTITLED, An Act to revise the method used to determine the capacity of land to produce agricultural products.

SB 7: FOR AN ACT ENTITLED, An Act to revise the notice requirements for road district elections.

SB 22: FOR AN ACT ENTITLED, An Act to change the agency required to provide certain information regarding the value of railroad property.

SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding creditable health insurance coverage.

SB 47: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code and to revise certain cross references.

SB 49: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding payments or assignments by insurance producers for referrals.

SB 63: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding pedestrian control signals.

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:30 p.m. the House adjourned.

Karen Gerdes, Chief Clerk