JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 15, 2008

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

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

     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 fifth 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,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1059, 1060, and 1111 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 1113 and returns the same with the recommendation that said bill be amended as follows:

1113rta

     On page 1, line 1, of the printed bill, delete "for" and insert "to".

1113ra

     On page 1, line 6, of the printed bill, delete "one hundred twenty" and insert "sixty".

    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  1066 and 1104 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1007, 1011, and 1012 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Joel D. Dykstra, Chair

 Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1018, 1039, and 1040 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1026 and 1027 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 1028 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Carol Pitts, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1045 and 1050 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1046 and 1047 and returns the same with the recommendation that said bills be referred to the Committee on Appropriations.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 14, 18, and 22 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF REPORT OF COMMITTEE

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

     Judiciary on HB 1030 as found on page 116 of the House Journal be adopted.

     Which motion prevailed and report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1140  Introduced by:  Representatives Olson (Betty), Brunner, Davis, DeVries, Dreyer, Gilson, Novstrup (Al), Novstrup (David), Pederson (Gordon), Pitts, and Turbiville and Senators Maher, Abdallah, Bartling, Greenfield, Hoerth, Hundstad, and McNenny

     FOR AN ACT ENTITLED, An Act to provide for the issuance without charge of certain big game licenses to resident active duty military personnel.

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

     HB 1141  Introduced by:  Representatives Hackl, Faehn, Feinstein, Lust, and Pederson (Gordon) and Senators Duenwald, Gant, McNenny, Napoli, Peterson (Jim), and Schmidt (Dennis)

     FOR AN ACT ENTITLED, An Act to prohibit the implanting of a microchip and provide a civil recovery.

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

     HB 1142  Introduced by:  Representatives Dreyer, Brunner, Buckingham, Dykstra, Elliott, Gilson, Halverson, Haverly, Heineman, Kirkeby, Krebs, Lust, Miles, Novstrup (Al), Novstrup (David), Olson (Betty), Olson (Russell), Pederson (Gordon), Peters, Rave, Rounds, Tidemann, Wick, and Willadsen and Senators Gant, Abdallah, Dempster, Gray, Hauge, Heidepriem, Katus, Koetzle, Maher, McCracken, Nesselhuf, Olson (Ed), Sutton, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to authorize additional off-sale retail liquor licenses in certain municipalities.

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

     HB 1143  Introduced by:  Representatives Jerke, Elliott, McLaughlin, Novstrup (Al), and Van Etten and Senators Olson (Ed), Garnos, Knudson, McNenny, Nesselhuf, and Peterson (Jim)

     FOR AN ACT ENTITLED, An Act to repeal certain requirements related to school district employee retirement benefits.

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

     HB 1144  Introduced by:  Representatives Buckingham, Boomgarden, Brunner, DeVries, Engels, Feinstein, Gilson, Gosch, Haverly, Hills, Kirkeby, Moore, Nelson, Peters, Pitts, Putnam, Rounds, and Street and Senators Napoli, Abdallah, Albers, Apa, Gant, Koetzle, McCracken, Nesselhuf, Schmidt (Dennis), and Sutton

     FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the purchase of motorcycles for use in the motorcycle safety training courses, and to declare an emergency.

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

     HB 1145  Introduced by:  Representatives Lust, Boomgarden, Cutler, Dreyer, Feinstein, Haverly, Kirkeby, McLaughlin, Peters, Rausch, and Vehle and Senators McCracken, Abdallah, Albers, Maher, Napoli, Olson (Ed), and Schmidt (Dennis)

     FOR AN ACT ENTITLED, An Act to revise certain campaign speech provisions relating to constitutional amendments, initiated measures, and referred laws.

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

     HB 1146  Introduced by:  Representatives Feinstein, Cutler, Gosch, Hunt, and Van Norman and Senators Turbak Berry and Heidepriem

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


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

     HB 1147  Introduced by:  Representatives Novstrup (Al), DeVries, Elliott, Gassman, Hargens, Jerke, Moore, Nelson, Olson (Betty), Street, and Vanneman and Senators Bartling, Greenfield, Hoerth, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to allow the small school adjustment in the state aid to education formula to increase in value each year based upon the per student allocation.

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

     HB 1148  Introduced by:  Representatives Novstrup (Al), Brunner, DeVries, Elliott, Gassman, Gosch, Hargens, Howie, McLaughlin, Sigdestad, Street, and Turbiville and Senators Hundstad and Hoerth

     FOR AN ACT ENTITLED, An Act to exempt the land application of certain solid waste used for irrigation purposes from requirements related to large-scale solid waste facilities.

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

     HB 1149  Introduced by:  Representatives Novstrup (David), Boomgarden, Feinstein, Gillespie, Kirkeby, Moore, Novstrup (Al), Pitts, Rounds, and Street and Senators McCracken, Abdallah, Albers, Gant, Koetzle, Nesselhuf, Sutton, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to extend the period of time a protection order granted upon a finding of domestic abuse may remain in effect.

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

     HB 1150  Introduced by:  Representatives Krebs, Faehn, Gillespie, Hunt, Weems, and Wick and Senators Hauge, Abdallah, Albers, and Olson (Ed)

     FOR AN ACT ENTITLED, An Act to provide for the recall of certain school district officials.

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

     HB 1151  Introduced by:  Representatives Steele, Brunner, Gillespie, Glenski, Hunt, Koistinen, Noem, Novstrup (Al), Novstrup (David), Olson (Russell), Rhoden, and Wick and Senators Greenfield, Albers, Duenwald, Hunhoff, Maher, Schmidt (Dennis), and Smidt (Orville)

     FOR AN ACT ENTITLED, An Act to regulate the location and hours of operation of adult oriented businesses.

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

     HB 1152  Introduced by:  Representatives Steele, Hargens, Nelson, and Tidemann and Senators Gant, Hansen (Tom), and McNenny

     FOR AN ACT ENTITLED, An Act to provide for diabetes management and treatment in schools.

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

     HB 1153  Introduced by:  Representatives Steele, Brunner, DeVries, Hargens, Miles, Novstrup (Al), Novstrup (David), Olson (Russell), Rhoden, Vanneman, and Willadsen and Senators Garnos, Abdallah, Greenfield, Lintz, and McNenny

     FOR AN ACT ENTITLED, An Act to establish requirements and procedures for the certification of parent-taught driver education courses and to allow parents to teach driver education to their qualified children.

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

     HB 1154  Introduced by:  Representatives Krebs, Faehn, Gillespie, Hunt, Weems, and Wick and Senators Hauge, Abdallah, Albers, and Olson (Ed)

     FOR AN ACT ENTITLED, An Act to require an opportunity for public testimony at public meetings.

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

     HB 1155  Introduced by:  Representatives Hunt, Ahlers, Bradford, Brunner, Davis, DeVries, Elliott, Gilson, Hackl, Kirkeby, Koistinen, Moore, Nelson, Noem, Nygaard, Olson (Betty), Olson (Russell), Rhoden, Steele, and Weems and Senators McNenny, Apa, Greenfield, Maher, Napoli, Nesselhuf, and Schmidt (Dennis)

     FOR AN ACT ENTITLED, An Act to provide for the practice and regulation of licensed midwives.

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


     HB 1156  Introduced by:  Representatives Hunt, Krebs, Weems, and Wick and Senators Gant, Abdallah, and Smidt (Orville)

     FOR AN ACT ENTITLED, An Act to revise the composition of local boards of equalization.

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

     HB 1157  Introduced by:  Representatives Engels, Cutler, Feinstein, Gillespie, Lust, and Moore and Senators Turbak Berry, Abdallah, Albers, and Koetzle

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the residency or military presence of parties in divorce or separate maintenance proceedings.

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

     HB 1158  Introduced by:  Representatives Elliott, Dennert, Howie, Lucas, Moore, Novstrup (Al), Novstrup (David), and Street and Senators Hundstad, Abdallah, and Hoerth

     FOR AN ACT ENTITLED, An Act to exempt certain school districts from reorganization requirements.

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

     HB 1159  Introduced by:  Representatives Wick, Engels, Peters, and Putnam and Senators McCracken, Bartling, Dempster, and Garnos

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding franchise protection for certain types of merchandise.

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

     HB 1160  Introduced by:  Representatives Lucas, Bradford, DeVries, Juhnke, and Vanneman and Senators Bartling and Garnos

     FOR AN ACT ENTITLED, An Act to add a portion of roadway in Mellette County to the state trunk highway system as a part of Highway 63.

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

     HB 1161  Introduced by:  Representatives Willadsen, Cutler, Engels, Peters, Weems, and Wick and Senators Gant, Abdallah, and Dempster

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding secondary roads within townships.

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

     HB 1162  Introduced by:  Representatives Cutler, Feinstein, Lucas, Rave, and Willadsen and Senators Gray, Hunhoff, Jerstad, Koetzle, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to prohibit the branding of a minor and to provide a penalty therefor.

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

     HB 1163  Introduced by:  Representatives Cutler, Feinstein, Lucas, Rave, and Willadsen and Senators Gray, Hunhoff, Jerstad, Koetzle, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to increase the duration of juvenile detention programs.

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

     HB 1164  Introduced by:  Representatives Vanneman, Brunner, Cutler, DeVries, Elliott, Engels, Gilson, Hills, Juhnke, Kirkeby, Koistinen, Krebs, Lucas, Lust, Nelson, Noem, Novstrup (Al), Olson (Ryan), Rausch, Rhoden, Sigdestad, Steele, Tidemann, Vehle, Weems, and Willadsen and Senators Bartling, Garnos, Lintz, Olson (Ed), and Peterson (Jim)

     FOR AN ACT ENTITLED, An Act to authorize the purchase or lease of computer hardware and software through the general fund of school districts.

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

     HB 1165  Introduced by:  Representatives Ahlers, Elliott, Engels, Feinstein, Gassman, Gillespie, Hunt, Lucas, McLaughlin, Nygaard, Olson (Betty), Rave, and Van Norman and Senators Katus, Gant, Heidepriem, Jerstad, Sutton, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to prohibit certain immunizations from containing more than trace amounts of mercury.

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

     HB 1166  Introduced by:  Representatives Glenski, Carson, Feinstein, Hunt, Koistinen, Miles, Novstrup (Al), Putnam, Sigdestad, Steele, Van Etten, and Van Norman and Senators Sutton, Abdallah, Dempster, Duenwald, Hansen (Tom), Hauge, Hoerth, Katus, Maher, Napoli, Olson (Ed), Schmidt (Dennis), Smidt (Orville), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to revise the distribution of revenues generated by Deadwood gaming.

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

     HB 1167  Introduced by:  Representative Feinstein and Senators Smidt (Orville), Jerstad, and Katus

     FOR AN ACT ENTITLED, An Act to exempt the services provided by certified birth doulas and certified postpartum doulas from sales and use taxes.

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

     HB 1168  Introduced by:  Representatives Cutler, Buckingham, Gilson, Halverson, Haverly, Krebs, Novstrup (David), Rave, and Street and Senators Albers, Abdallah, Bartling, Koetzle, Olson (Ed), and Sutton

     FOR AN ACT ENTITLED, An Act to clarify the penalty applicable to violations of certain no contact orders.

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

     HB 1169  Introduced by:  Representatives Turbiville, Brunner, DeVries, Elliott, Gosch, Krebs, Miles, Peters, and Street and Senators Lintz, Albers, Duenwald, Garnos, and Hauge

     FOR AN ACT ENTITLED, An Act to repeal certain provisions applying the contractor's excise tax to certain realty improvements made without a realty improvement contract based on the sale price and to repeal certain provisions concerning effective dates of the tax.

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

     HB 1170  Introduced by:  Representatives Rave, Dykstra, Haverly, and Turbiville and Senators Albers, Hundstad, and Napoli

     FOR AN ACT ENTITLED, An Act to allow pneumatic tires with retractable studs to be used upon highways year round.

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 14: FOR AN ACT ENTITLED, An Act to extend the time allowed to request a hearing or pay an audit assessment.

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

     SB 18: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

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

     SB 22: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment of additional funds to consolidated school districts and to declare an emergency.

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

HONORED GUESTS


      Speaker Deadrick introduced Sharon Andrews of Sioux Falls as South Dakota's 2008 Teacher of the Year.

     Speaker Deadrick introduced Sherry Crofut of Rapid City as a 2007 Milken Educator.

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1001: FOR AN ACT ENTITLED, An Act to provide for a jury trial in forfeiture proceedings.

     Was read the second time.

     The question being "Shall HB 1001 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

     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 1055: FOR AN ACT ENTITLED, An Act to revise the penalty for leaving the brand inspection area without a brand inspection.

     Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

     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

     Rep. Rhoden moved that HB 1002 be placed to follow HB 1041 on today's calendar.

     Which motion prevailed.

     HB 1015: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests in the Mobridge National Guard Armory to the city of Mobridge.

     Was read the second time.

     The question being "Shall HB 1015 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Juhnke

     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.

HONORED GUESTS

     Speaker Deadrick introduced the Honorable John Thune, United States Senator from South Dakota, who spoke briefly.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)

     HB 1041: FOR AN ACT ENTITLED, An Act to provide a preference for the procurement of biobased products.

     Was read the second time.

     The question being "Shall HB 1041 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

     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 1002: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding labor and employment and the Department of Labor.

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

     The question being "Shall HB 1002 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra

     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 1003: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding unemployment compensation.

     Was read the second time.

     The question being "Shall HB 1003 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dykstra; 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 1004: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding workers' compensation.

     Was read the second time.

     The question being "Shall HB 1004 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
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 1031: FOR AN ACT ENTITLED, An Act to revise the definition of injury for the purposes of workers' compensation cases.

     Was read the second time.

     The question being "Shall HB 1031 pass?"

     And the roll being called:

     Yeas 48, Nays 22, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn; Gillespie; Gilson; Hackl; Halverson; Haverly; Heineman; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Tidemann; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Bradford; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Glenski; Gosch; Hargens; Hills; Howie; Lucas; Miles; Moore; Nelson; Nygaard; Olson (Ryan); Thompson; Turbiville; 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 1032: FOR AN ACT ENTITLED, An Act to revise certain reimbursement and subrogation provisions regarding workers' compensation claims.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1032 pass?"

     And the roll being called:

     Yeas 29, Nays 41, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Davis; DeVries; Dreyer; Gilson; Hackl; Heineman; Hunt; Jerke; Juhnke; Koistinen; Krebs; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Pederson (Gordon); Putnam; Rounds; Steele; Tidemann; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Bradford; Burg; Carson; Cutler; Dennert; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Glenski; Gosch; Halverson; Hargens; Haverly; Hills; Howie; Kirkeby; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Rave; Rhoden; Sigdestad; Street; Thompson; Turbiville; Van Norman; Vehle

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

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:34 p.m. the House adjourned.

Karen Gerdes, Chief Clerk