JOURNAL OF THE HOUSE

EIGHTIETH SESSION  



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 9, 2005

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

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House page Krystal Brunner.

     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 twenty-first 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.
COMMUNICATIONS AND PETITIONS


February 9, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 8, 2005, I approved House Bills 1008, 1023, 1033, 1040, 1043, and 1081, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1183 and 1184 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 103, 129, and 208 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1192 and 1258 and SB 12 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1193 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1257 and returns the same with the recommendation that said bill be amended as follows:

1257ta
     On page 1, line 7 of the printed bill, delete " an enrolled member of a federally recognized Indian tribe " and insert " a South Dakota resident who is an enrolled member of the Cheyenne River Sioux Tribe, the Crow Creek Sioux Tribe, the Flandreau-Santee Sioux Tribe, the Lower Brule Sioux Tribe, the Oglala Sioux Tribe, the Rosebud Sioux Tribe, the Sisseton-Wahpeton Oyate Sioux Tribe, the Standing Rock Sioux Tribe, or the Yankton Sioux Tribe ".

1257ra
     On page 1, after line 10 of the printed bill, insert:

"
     Section 2. That § 24-13-2 be amended to read as follows:

     24-13-2.   The members of the board shall serve for terms of four years. Members are eligible for reappointment. The Governor, the attorney general, and the Supreme Court each shall appoint three members, whose terms shall expire on the third Monday in January of the fourth year after appointment. Each member shall serve until a successor takes office as provided by law. In case of a vacancy, the appointing power shall make an interim appointment to expire at the end of the next legislative session. ".


     And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1233 and 1262 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1166 and returns the same with the recommendation that said bill be amended as follows:

1166oa
     On page 5, line 4 of the printed bill, after " kin " insert " in accordance with chapter 34-12C ".

     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 1261 and returns the same with the recommendation that said bill be amended as follows:

1261oa
     On page 2, line 7 of the printed bill, delete " then " and insert " than ".

1261tta
     On page 1 of the printed bill, delete line 2 , and insert "tax for significant capital investment and large job-creation projects.".

     And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1011, 1012, 1080, 1085, 1087, 1105, 1162, and 1196 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1007 and 1008 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 6, 143, 171, and 195 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 70 and has appointed Sens. Bogue, Gray, and Moore as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary
     The Speaker appointed Reps. O'Brien, Pederson, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 70.

MOTIONS AND RESOLUTIONS


     Rep. Weems moved that the House do concur in Senate amendments to HB 1002.

     The question being on Rep. Weems' motion that the House do concur in Senate amendments to HB 1002.

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent 0

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

     Nays:
Dennert; Elliott; Gillespie; Haley; Hargens; Miles; Rounds; Valandra

     Excused:
Tornow

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

     HCR 1009   Introduced by:  Representatives Jensen, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Haley, Halverson, Hanks, Hargens, Haverly, Hills, Howie, Hunhoff, Hunt, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Murschel, 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, and Willadsen and Senators Koskan, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Knudson, Koetzle, Kooistra, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), and Sutton (Duane)


         A CONCURRENT RESOLUTION,  Requesting the Corps of Engineers to accept Governor Rounds' Missouri River conservation proposals.

     WHEREAS,  much of the Missouri River Basin is in the sixth year of drought; and

     WHEREAS,  the Oahe Reservoir reached a record low of 1,572 feet in 2004 due to drought and water allocation decisions by the Corps of Engineers; and

     WHEREAS,  runoff into the Missouri River above Sioux City has averaged 17.9 million acre feet (MAF) for the last five years, compared to a normal annual runoff of 25.2 MAF; and

     WHEREAS,  snowpack water content is currently well below average (50-75% of normal) for the portion of the basin supplying the majority of Missouri River runoff; and

     WHEREAS,  drought is expected to persist at least through March in the majority of the Missouri River Basin; and

     WHEREAS,  the lower decile to lower quartile runoff conditions will be realized if drought conditions persist and will result in a new record low for Lake Oahe; and

     WHEREAS,  system storage is at an all time low of 35.1 MAF and if storage drops to 31 MAF on March 15th of 2006, a navigation preclude will be implemented; and

     WHEREAS,  all Missouri River Basin states will suffer if the navigation preclude is implemented. Downstream states will lose their navigation, and power plants dependent on Missouri River flows will have to limit power production; and

     WHEREAS,  fifty percent of South Dakota's population currently relies on, or will rely on, water from the Missouri River, Missouri River reservoirs, or aquifers adjacent to the Missouri River; and

    WHEREAS, Drinking water system intake access will continue to be a problem for some systems and such systems may face loss of water supply, impacting the health and safety of the people relying on drinking water from such systems; and

     WHEREAS,  Wakpala and Tri-County water systems are both at levels that could be affected by dropping water levels this year; and

     WHEREAS,  in 2004 only 13 of 32 boat ramps on Lake Oahe were usable and only 9 of those boat ramps are extendable to handle more than an additional 6 feet of lake level drop; and

     WHEREAS,  without water conservation or extensions, all of Lake Oahe's boat ramps would be out of service by July or August of 2006; and

     WHEREAS,  water conservation is necessary to protect the smelt hatch; and

     WHEREAS,  in 2002, water right holders reported that approximately 15% of the acres authorized to be irrigated from the Oahe reservoir were not irrigated because of low water levels. In 2003, water right holders reported that 36% of the acres were not irrigated. In 2004, with 68% of the irrigation water rights having reported, 41% of the acres were not irrigated; and

     WHEREAS,  by implementing additional conservation measures in 2005, the Missouri River basin states will minimize or avoid the effects of reaching the most stringent of conservation measures, the navigation preclude, in 2006:

     NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature of the State of South Dakota supports the efforts of Governor M. Michael Rounds in calling upon the Corps of Engineers to do everything possible to conserve water in the upper basin states in 2005; and

     BE IT FURTHER RESOLVED,  that copies of this Resolution be forwarded to President George W. Bush, Corps of Engineers General Grisoli, Senator John Thune, Senator Tim Johnson, and Representative Stephanie Herseth.

     Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Taxation on HB 1122 as found on page 381 of the House Journal ; also

     Taxation on HB 1142 as found on page 381 of the House Journal ; also

     Commerce on HB 1160 as found on page 382 of the House Journal ; also

     Local Government on HB 1154 as found on pages 382 and 383 of the House Journal ; also

     Local Government on HB 1239 as found on page 383 of the House Journal ; also

     Local Government on HB 1253 as found on pages 383 and 384 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 6:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the appropriations process.

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

     SB 143:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Environmental Covenants Act.

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

     SB 171:   FOR AN ACT ENTITLED, An Act to   prohibit certain officials from voting if a conflict of interest exists.

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

     SB 195:   FOR AN ACT ENTITLED, An Act to   permit certain licensed agents of the Department of Revenue and Regulation to collect and retain authorized convenience fees for the performance of certain duties in lieu of administrative costs.

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

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1128:   FOR AN ACT ENTITLED, An Act to   revise the definition of agricultural purposes as it relates to sales tax.

     Was read the second time.

     The question being "Shall HB 1128 pass?"

     And the roll being called:

     Yeas 69, Nays 0, 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; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Tornow

     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 1188:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding amounts payable under reinsurance contracts in liquidation proceedings of insurers.

     Was read the second time.

     The question being "Shall HB 1188 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Wick; Willadsen; Speaker Michels

     Excused:
Tornow; Weems

     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 1194:   FOR AN ACT ENTITLED, An Act to   require notification to certain retail licensees of prohibited alcohol sales to persons below the age of twenty-one prior to any subsequent violation.

     Was read the second time.

     The question being "Shall HB 1194 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, 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; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Wick; Willadsen; Speaker Michels

     Nays:
Van Etten

     Excused:
Tornow; Weems

     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 1202:   FOR AN ACT ENTITLED, An Act to   provide for a salvage title.

     Was read the second time.

     The question being "Shall HB 1202 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 7, Excused 0, Absent 0

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

     Nays:
Elliott; Glenski; Glover; Hanks; Miles; Rave; Van Norman

     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 1190:   FOR AN ACT ENTITLED, An Act to   provide for recognition of certain valid nonresident permits to carry a concealed pistol.

     Was read the second time.

     The question being "Shall HB 1190 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; Murschel; 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

     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 1209:   FOR AN ACT ENTITLED, An Act to   provide for limited confidentiality of certain firearms information.

     Was read the second time.

     The question being "Shall HB 1209 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; Murschel; 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

     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 1212:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to professional and occupational licensing boards.

     Was read the second time.

1212og

     Rep. Kraus moved that HB 1212 be amended as follows:

     On page 39, line 16 of the House State Affairs Committee engrossed bill, delete " 11 and 13 " and insert "11, 13, and 15".

     Which motion prevailed and HB 1212 was so amended.

1212of

     Rep. O'Brien moved that HB 1212 be further amended as follows:

     On page 15 of the House State Affairs Committee engrossed bill, delete lines 5 to 16 , inclusive.

     On page 15 , delete lines 21 to 24 , inclusive.

     On page 16 , delete lines 1 to 6 , inclusive.

     On page 39 , delete line 17 .

     A roll call vote was requested and supported.


     The question being on Rep. O'Brien's motion that HB 1212 be amended.

     And the roll being called:

     Yeas 31, Nays 39, Excused 0, Absent 0

     Yeas:
Bradford; Buckingham; Davis; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Koistinen; Kroger; Lange; Miles; Nelson; O'Brien; Pederson (Gordon); Rausch; Sebert; Sigdestad; Street; Thompson; Tidemann; Valandra; Van Norman; Wick

     Nays:
Boomgarden; Brunner; Cutler; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Novstrup; Olson (Ryan); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Tornow; Turbiville; Van Etten; Vehle; Weems; Willadsen; Speaker Michels

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

1212fb

     Rep. Peters moved that HB 1212 be further amended as follows:

     On page 29, line 10 of the House State Affairs Committee engrossed bill, after " gross " insert " repeated acts of ".

     On page 29 , line 10, delete " , or incompetence " .

     On page 30 , line 2, after " gross " insert " repeated acts of ".

     Which motion prevailed and HB 1212 was so amended.

     The question being "Shall HB 1212 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 14, Excused 0, Absent 0

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

     Nays:
Bradford; Davis; Dennert; Elliott; Glenski; Glover; Haley; Hargens; Kroger; Sigdestad; Street; Valandra; Van Norman; Wick

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

     HB 1197:   FOR AN ACT ENTITLED, An Act to   continue certain restrictions on the use of artificial lights to hunt or locate wild animals.

     Was read the second time.

     Rep. Fryslie moved that HB 1197 be deferred to Friday, February 11th, the 24th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1181:   FOR AN ACT ENTITLED, An Act to   exempt certain amateur sports officials from sales tax.

     Was read the second time.

     The question being "Shall HB 1181 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, 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; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; 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:
Hunt

     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 1165:   FOR AN ACT ENTITLED, An Act to   provide cable operators and others access to multiple dwelling units.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1165 pass?"

     And the roll being called:

     Yeas 26, Nays 44, Excused 0, Absent 0

     Yeas:
Boomgarden; Cutler; Dennert; Elliott; Faehn; Gillespie; Glenski; Haley; Halverson; Hennies; Hunt; Jerke; Koistinen; Krebs; Lange; Murschel; Novstrup; O'Brien; Pederson (Gordon); Roberts; Schafer; Sigdestad; Street; Thompson; Turbiville; Valandra

     Nays:
Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Frost; Fryslie; Garnos; Gassman; Glover; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Jensen; Klaudt; Kraus; Kroger; McCoy; McLaughlin; Miles; Nelson; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sebert; Tidemann; Tornow; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 41:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding access to vital records.

     Was read the second time.

     Rep. Rhoden moved that SB 41 be deferred to Thursday, February 10th, the 23rd legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 122:   FOR AN ACT ENTITLED, An Act to   restrict the entry of conservation officers onto certain private land without permission.

     Was read the second time.

     Rep. Dykstra moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 122 pass?"

     And the roll being called:

     Yeas 27, Nays 43, Excused 0, Absent 0

     Yeas:
Bradford; Brunner; Davis; Deadrick; Dennert; Garnos; Gassman; Glover; Hackl; Halverson; Hanks; Hargens; Haverly; Hills; Howie; Jensen; Klaudt; Lange; Nelson; Pederson (Gordon); Putnam; Rave; Rhoden; Sigdestad; Turbiville; Valandra; Van Norman

     Nays:
Boomgarden; Buckingham; Cutler; Dykstra; Elliott; Faehn; Frost; Fryslie; Gillespie; Glenski; Haley; Heineman; Hennies; Hunhoff; Hunt; Jerke; Koistinen; Kraus; Krebs; Kroger; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Ryan); Peters; Rausch; Roberts; Rounds; Schafer; Sebert; Street; Thompson; Tidemann; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

     Rep. Rhoden announced his intention to reconsider the vote by which SB 122 lost.

     SB 86:   FOR AN ACT ENTITLED, An Act to   revise the compensation for deputy coroners.

     Was read the second time.

     Rep. Rhoden moved that SB 86 be deferred to Thursday, February 10th, the 23rd legislative day.

     Which motion prevailed and the bill was 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 1002, 1011, 1012, 1080, 1085, 1087, 1105, 1162, and 1196 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1002: FOR AN ACT ENTITLED, An Act to  revise the requirements for determining whether dwellings are eligible to be classified as owner-occupied single-family dwellings.

     HB 1011: FOR AN ACT ENTITLED, An Act to  make certain provisions for a program of recoveries and fraud investigations in the Department of Social Services.

     HB 1012: FOR AN ACT ENTITLED, An Act to  establish certain penalties for the unauthorized acquisition or transfer of food stamp benefits.

     HB 1080: FOR AN ACT ENTITLED, An Act to  provide for notification to the petitioner when an ex parte protection order is served.

     HB 1085: FOR AN ACT ENTITLED, An Act to  prohibit certain payments and receipt of payments for registering and assisting voters and to establish certain penalties.

     HB 1087: FOR AN ACT ENTITLED, An Act to  require certain voter registration forms to be filed within an established time frame and to establish certain penalties.

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

     HB 1162: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to cardiopulmonary resuscitation directives.

     HB 1196: FOR AN ACT ENTITLED, An Act to  establish a vaccination program for first responders.

     SB 57: FOR AN ACT ENTITLED, An Act to  establish an intensive residential treatment center as a category of a child welfare agency.

     SB 74: FOR AN ACT ENTITLED, An Act to  revise certain restrictions concerning the operation of snowmobiles.

     SB 92: FOR AN ACT ENTITLED, An Act to  define a recreation vehicle, to exempt certain recreation vehicles from the maximum width restrictions for a vehicle, and to provide a length limitation for motor vehicles.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:21 p.m. the House adjourned.

Karen Gerdes, Chief Clerk