JOURNAL OF THE HOUSE

EIGHTIETH SESSION  



TWENTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 10, 2005

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

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House page Sam Engebretson.

     Roll Call: All members present except Reps. Gillespie and Kroger who were 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 twenty-second day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     Rep. Hargens introduced Carole Skinner of Miller, South Dakota, as the 2002-2003 Women's International Whistling Champion and the 2004 Entertainer of the Year who whistled "The Star Spangled Banner".

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1208 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1153 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 Taxation respectfully reports that it has had under consideration HB 1210 and returns the same with the recommendation that said bill be amended as follows:

1210fa
     On page 1, line 11 of the printed bill, delete " more " .

     On page 1 , line 12, delete " than " .

     On page 1 , line 12, after " percent " insert "or more".

     On page 2 , line 6, delete " more " .

     On page 2 , line 7, delete " than " .

     On page 2 , line 7, after " percent " insert "or more".

1210fb
     On page 1, line 12 of the printed bill, delete " fifty " and insert "eighty".

     On page 2 , line 7, delete " fifty " and insert "eighty".
     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1237 and returns the same with the recommendation that said bill be amended as follows:

1237fa
     On page 1, after line 15 of the printed bill, insert:

"      Section 2. That § 10-47B-4 be amended to read as follows:

     10-47B-4.   The fuel excise tax rates for the tax imposed by this chapter are as follows:

             (1)      Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline)--$.22 per gallon;
             (2)      Special fuel (except jet fuel and biodiesel blend )--$.22 per gallon;
             (3)      Ethanol blends--$.20 per gallon;
             (4)      Aviation gasoline--$.06 per gallon;
             (5)      Jet fuel--$.04 per gallon;
             (6)      E85 and M85--$.10 per gallon;
             (7)      E85 and M85 used in aircraft--$.04 per gallon;
             (8)      Liquid petroleum gas--$.20 per gallon;
             (9)      Compressed natural gas--$.10 per gallon ;
             (10)    Biodiesel blend--$.22 per gallon .

     Section 3. Section 2 of this Act is effective on January 1, 2010.".

1237fta
     On page 1, line 1 of the printed bill, after " fuels " insert "for a certain period of time".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1240 and returns the same with the recommendation that said bill be amended as follows:

1240fa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 10-11-26.1 be amended to read as follows:

     10-11-26.1.   The county board of equalization shall give written notice of its decision to be postmarked on or before the Friday following its adjournment to each person owning property on which action was taken and to the clerk of the affected local board of equalization. In addition, the county board of equalization shall publish the minutes in a legal newspaper of the county in the same manner as other proceedings of the board of county commissioners are published.

     Section 2. That § 10-11-44 be amended to read as follows:

     10-11-44.   Any person, firm, limited liability company, corporation, taxing district, governmental subdivision, or agency interested as described in § 10-11-42 may appeal from a decision of the county board of equalization to the circuit court in and for such county , . Such appeal shall be filed within thirty days after of the published notice required by §  10-11-26.1 or the written notice that has been served of the decision of by the county board of equalization and , whichever occurred last. The appeal shall be filed in the same manner and upon the same conditions and terms as other appeals may be taken from decisions of a board of county commissioners. "


     And that as so amended said bill do pass.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1175 and returns the same with the recommendation that said bill be amended as follows:

1175jc
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 44-12-1 be amended to read as follows:

     44-12-1.   Any person, association, limited liability company, corporation, county, or other institution, including a municipal corporation, maintaining a hospital licensed under the laws of the State of South Dakota that furnishes hospitalization or other service of any other nature in the treatment of or in connection with an injury not covered by the Workers' Compensation Act, or any physician licensed pursuant to chapter 36-4 or any chiropractor licensed pursuant to chapter 36-5 who furnishes any service of any nature in the treatment of or in connection with an injury not covered by the Workers' Compensation Act, if the injured party asserts or maintains a claim against another for damages on account of the injury, has a lien upon that part going or belonging to the injured party of any recovery or sum had or collected or to be collected by the injured party, or by the injured party's heirs or personal representatives in case of the injured party's death, whether by judgment or by settlement or compromise to the amount of the reasonable and necessary charges of the hospital , physician, or chiropractor for the treatment, care, and maintenance of the injured party in the hospital by the provider up to the date of payment of the damages.

     Section 2. That § 44-12-4 be amended to read as follows:

     44-12-4.   No such lien may be is effective, however, unless a written notice containing the name and address of the injured party, the date of occurrence of the injury, the name and location of the hospital , physician, or chiropractor , and the name of the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injuries received, is filed in the office of the register of deeds of the county in which the hospital is located or health care services for the injury were provided , before the payment of any moneys to the injured party, the injured party's attorneys or legal representative, as compensation for the injury.

     Section 3. That § 44-12-5 be amended to read as follows:

     44-12-5.   Each register of deeds shall provide a suitable, well-bound book to be called the hospital and medical care provider lien docket in which, upon the filing of any lien claim under the provisions of this chapter, the register of deeds shall enter the name and address of the injured person, the name of the person, firm, or corporation alleged to be liable for the injury, the date of occurrence of the injury and the name and location of the hospital , physician, or chiropractor making the claim. The register of deeds shall make a proper index of the claim in the name of the injured person and shall charge a fee in accordance with subdivision 7-9-15(3).

     Section 4. That § 44-12-6 be amended to read as follows:

     44-12-6.   The hospital , physician, or chiropractor shall also mail, postage prepaid, a copy of the notice required by § 44-12-4 with a statement of the date of filing of the notice to the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injury sustained before the payment of any moneys to the injured party, the injured party's attorney or legal representative, as compensation for the injury.

     Section 5. That § 44-12-7 be amended to read as follows:

     44-12-7.   Such The hospital , physician, or chiropractor shall mail a copy of such the notice to any insurance carrier which has insured such the person, firm, or corporation against such liability. Such The person, firm, or corporation alleged to be liable to the injured person shall, upon request of the hospital , physician, or chiropractor , disclose the name of the insurance carrier which has insured such the person, firm, or corporation against such liability.

     Section 6. That § 44-12-8 be amended to read as follows:

     44-12-8.   Any person making any payment to such the injured party or to the injured party's attorney, heir, or legal representative as compensation for the injury sustained, after the filing and mailing of the notice, without paying to the hospital , physician, or chiropractor the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior lien, is liable, for a period of one year from the date of payment of moneys to the injured party or the injured party's heir, attorney, or legal representative, as provided in this section, to the hospital , physician, or chiropractor for the amount which the hospital , physician, or chiropractor was entitled to receive as provided in this section. Any such hospital , physician, or chiropractor may, within such period, enforce the lien by a suit at law against the person, firm, limited liability company, or corporation making such the payment.

     Section 7. That § 44-12-9 be amended to read as follows:

     44-12-9.   Any person, firm, or corporation legally liable for such the lien or against whom a claim shall be is asserted for compensation for such the injury, shall be permitted may, after waiver or expiration of any privilege granted the injured party under the provisions of § 19-2-3 or any other statute, to examine the records of any such hospital , physician, or chiropractor in reference to such the treatment, care , and maintenance of such the injured person, with respect to the injuries arising out of said the accident.

     Section 8. That chapter 44-12 be amended by adding thereto a NEW SECTION to read as follows:

     If after having filed a lien pursuant to this chapter, the hospital, physician, or chiropractor is afterward satisfied by payment, foreclosure, compromise, or other method, the lienholder shall file a satisfaction with the register of deeds within thirty days of payment.

     Section 9. That chapter 44-12 be amended by adding thereto a NEW SECTION to read as follows:

     The existence and amount of a lien filed pursuant to this chapter is inadmissible in the legal proceeding in which the injured person has asserted a claim against another person for damages based on the injury.

     Section 10. That chapter 44-12 be amended by adding thereto a NEW SECTION to read as follows:

     This chapter provides the exclusive method for a hospital, physician, or chiropractor to obtain a nonjudicial lien on the part or share to be collected by the injured party or the injured party's heirs or representatives from a third party alleged to be responsible for the injury."

1175tta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "extend certain lien provisions to physicians and chiropractors.".

     On page 1 , delete lines 2 and 3 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1248 and returns the same with the recommendation that said bill be amended as follows:

1248jb
     On page 1, line 7 of the printed bill, after " partners, " insert " members, ".

     On page 1 , line 8, overstrike " as required by " .

     On page 1 , line 8, overstrike " by rule or order " and insert " may consider necessary ".

     On page 2 , line 14, delete " and the capital ".

     On page 2 , line 15, delete " adequacy ".

     On page 3 , line 13, after " license " insert " . A licensee aggrieved by such order may appeal pursuant to chapters 1-26 and 1-26D ".

     On page 3 , line 15, overstrike " chapter " and insert " chapters ".

     On page 3 , line 16, after " 1-26 " insert " and 1-26D ".

     On page 4 , line 1, overstrike " also " .

     On page 4 , line 1, after " brought " insert " in circuit court ".

     On page 4 , line 4, delete everything after " injunction. " .

     On page 4 , delete lines 5 to 24 , inclusive.

     On page 5 , delete lines 1 to 8 , inclusive.

     On page 5 , line 10, overstrike " shall " and insert " may ".

     On page 5 , line 10, after " annually " insert " , or as often as the director considers necessary, ".

     On page 5 , line 11, overstrike everything after " inclusive. " .

     On page 5 , line 12, overstrike everything before " The " .

     On page 5 , delete lines 17 to 24 , inclusive.

     On page 6 , delete lines 1 and 2 .

     On page 6 , line 8, delete " division " and insert "director".

     On page 6 , line 9, delete " its " and insert "the director's".

     On page 6 , delete lines 10 to 14 , inclusive, and insert:

"
     Section 10. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:

     A person licensed pursuant to this Act shall appoint a resident agent for service of process and provide notice of such appointment to the director.

     Section 11. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:

     A person licensed pursuant to this Act shall consent to be sued in the circuit courts of the state for purposes of the director enforcing any provision of chapter 54-4 and any rules promulgated pursuant to chapter 54-4. The consent to suit shall be demonstrated by the execution and submission of a consent to suit form prepared by the director, with proof of authority to consent and execute the form.".

     And that as so amended said bill do pass.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 37, 73, 96, and 134 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 SB 105 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas Hennies, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1137, 1176, and 1216 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair
REPORTS OF CONFERENCE COMMITTEES


Cc13A
MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 13 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,                 Respectfully submitted,
Lou Sebert                            Dave Knudson
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1078 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 135, 151, 185, and 191 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 concurred in House amendments to SB 55.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


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

     No member moved to reconsider the vote by which SB 122 lost.

     HCR 1009:   A CONCURRENT RESOLUTION,   Requesting the Corps of Engineers to accept Governor Rounds' Missouri River conservation proposals.

     Rep. Jensen moved that HCR 1009 as found on pages 403 to 405 of the House Journal be adopted.

     The question being on Rep. Jensen's motion that HCR 1009 be adopted.

     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; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; 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; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Kroger

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1009 was adopted.

     HCR 1010   Introduced by:  Representatives Kraus, Dykstra, Howie, Hunhoff, Hunt, Michels, Miles, Rave, Rhoden, Schafer, Van Etten, and Weems and Senators Olson (Ed), Adelstein, Duenwald, Koskan, Moore, and Sutton (Dan)

         A CONCURRENT RESOLUTION,  Encouraging citizen awareness of umbilical cord blood donation and its opportunities and benefits available to the public.

     WHEREAS,  umbilical cord blood contains valuable stem cells that are currently being used for treatment and research in place of the more controversial embryonic stem cells obtained by destroying a living human fertilized egg; and

     WHEREAS,  more than fifteen major disease categories are currently treatable through transplantation of these valuable stem cells extracted from umbilical cord blood. These diseases include non-Hodgkin's lymphoma, leukemia, breast cancer, renal cell carcinoma, inherited immune system disorders, Neiman-Pick disease, sickle cell disease, and osteoporosis. Promising research efforts include spinal cord repair and a potential cure for Lou Gehrig's disease; and

     WHEREAS,  umbilical cord blood may be donated to a publicly accessible certified umbilical cord blood bank rather than be thrown away as medical waste. The collection does not pose any health risk to the mother or baby and does not affect the birth process in any way; and

     WHEREAS,  the collection and storage of the umbilical cord blood will be at no expense to the patient and will be arranged by the umbilical cord blood bank. Such umbilical cord blood banks are easily found through the internet or written materials:

     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 all citizens are encouraged to become aware of umbilical cord blood donation and its opportunities and benefits to the public.

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

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 11th, the 24th legislative day.

     Which motion prevailed.

    Speaker Pro tempore Deadrick now presiding.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on HB 1257 as found on page 401 of the House Journal ; also

     State Affairs on HB 1166 as found on page 401 of the House Journal ; also

     State Affairs on HB 1261 as found on page 402 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 135:   FOR AN ACT ENTITLED, An Act to   increase the promotional fee on wheat.

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


     SB 151:   FOR AN ACT ENTITLED, An Act to   permit the cremation and inurnment of indigents in lieu of burial and to revise and clarify certain provisions regarding indigent funeral expenses.

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

     SB 185:   FOR AN ACT ENTITLED, An Act to   revise the calculation of a school district excess general fund balance.

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

     SB 191:   FOR AN ACT ENTITLED, An Act to   establish certain conditions related to the issuance of hunting and fishing licenses.

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

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1193:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Child-Custody Jurisdiction and Enforcement Act and to repeal the Uniform Child Custody Jurisdiction Act.

     Was read the second time.

     The question being "Shall HB 1193 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; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; 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; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Kroger


     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 1230:   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.

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


     The question being on Rep. Wick's pending motion to amend HB 1230 as found on page 393 of the House Journal.

1230rb

     Rep. Glenski moved as a substitute motion that HB 1230 be amended as follows:

     On page 1, line 10 of the printed bill, remove the overstrikes from " 1981 " .

     On page 1 , line 10, delete " 2005 " .

     On page 2 , line 8, remove the overstrikes from " 1989 " .

     On page 2 , line 8, delete " 2005 " .

     On page 2 , line 14, delete " in effect on January 1, 2005 " .

     On page 2 , line 15, delete " in effect " .

     On page 2 , line 16, delete " on January 1, 2005 " .

     Rep. Tornow moved that HB 1230 and all pending amendments be laid on the table.

     The question being on Rep. Tornow's motion that HB 1230 and all pending amendments be laid on the table.

     And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent 0

     Yeas:
Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Fryslie; Hackl; Haverly; Heineman; Howie; Hunhoff; Hunt; Jensen; Klaudt; Koistinen; Kraus; Krebs; McCoy; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Speaker Michels

     Nays:
Boomgarden; Bradford; Cutler; Dennert; Elliott; Frost; Garnos; Gassman; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Hills; Jerke; Lange; McLaughlin; Miles; Murschel; Novstrup; Roberts; Schafer; Sigdestad; Street; Thompson; Valandra; Van Norman; Weems; Wick; Willadsen

     Excused:
Gillespie; Kroger

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1230 and all pending amendments were tabled.

     Rep. Glenski announced her intention to reconsider the vote by which HB 1230 lost.

     HB 1122:   FOR AN ACT ENTITLED, An Act to   clarify that agents for property owners may make certain deductions from gross receipts.

     Was read the second time.

     The question being "Shall HB 1122 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 16, Excused 2, Absent 0

     Yeas:
Bradford; Brunner; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Haverly; Heineman; Howie; Hunt; Jensen; Koistinen; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Pederson (Gordon); Peters; Rausch; Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Boomgarden; Buckingham; Dennert; Elliott; Hanks; Hargens; Hennies; Hills; Hunhoff; Jerke; Klaudt; Kraus; Novstrup; Olson (Ryan); Putnam; Rhoden

     Excused:
Gillespie; Kroger

     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 1142:   FOR AN ACT ENTITLED, An Act to   provide sales and use tax refunds to certain fabricators.

     Was read the second time.

     The question being "Shall HB 1142 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; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; 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; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Klaudt

     Excused:
Gillespie; Kroger

     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 1160:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to franchises and cable services.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1160 pass as amended?"

     And the roll being called:


     Yeas 50, Nays 18, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn; Gassman; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunt; Jerke; Klaudt; Koistinen; Krebs; Lange; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick

     Nays:
Buckingham; Deadrick; Frost; Fryslie; Garnos; Hackl; Hunhoff; Jensen; Kraus; McCoy; McLaughlin; Rausch; Rave; Rhoden; Tornow; Van Etten; Willadsen; Speaker Michels

     Excused:
Gillespie; Kroger

     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 1154:   FOR AN ACT ENTITLED, An Act to   limit municipal annexation near regional airport authorities.

     Was read the second time.

1154fa

     Rep. Hanks moved that HB 1154 be amended as follows:

     On page 1 of the House Local Government Committee engrossed bill, delete line 7 , and insert "chapter 50-6 or an airport authority organized pursuant to chapter 50-6A . However, if the governing body of the airport-operating".

     Which motion prevailed and HB 1154 was so amended.

1154ya

     Rep. Buckingham moved that HB 1154 be further amended as follows:

On page 1, line 10 of the House Local Government Committee engrossed bill, after " municipality. " insert " Any annexation, pursuant to this Act, accomplished through condemnation or the use of the power of eminent domain is only effective if it has first been approved by the governing body of the airport operating municipality. The governing body shall give notice of the time and place of the public hearing where it will consider approval of the annexation. ".

     Rep. Hennies requested that Joint Rule 5-17 be invoked on HB 1154.

     Which request was supported and HB 1154 with Rep. Buckingham's pending motion to amend was deferred until Monday, February 14th, the 25th legislative day.

     HB 1239:   FOR AN ACT ENTITLED, An Act to   revise the method for setting the fees that may be received by a county coroner.

     Was read the second time.

     Rep. Hargens moved that HB 1239 be deferred to Friday, February 11th, the 24th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1253:   FOR AN ACT ENTITLED, An Act to   allow for the establishment of a group health insurance plan for political subdivision employees.

     Was read the second time.

     Rep. Garnos moved that HB 1253 be deferred to Friday, February 11th, the 24th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1192:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Athletes Agents Act.

     Was read the second time.

     The question being "Shall HB 1192 pass?"

     And the roll being called:

     Yeas 45, Nays 19, Excused 6, Absent 0

     Yeas:
Bradford; Brunner; Dennert; Dykstra; Faehn; Fryslie; Garnos; Gassman; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Jensen; Jerke; Kraus; Lange; Miles; Murschel; Nelson; O'Brien; Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Wick; Willadsen

     Nays:
Boomgarden; Cutler; Davis; Deadrick; Frost; Hackl; Heineman; Hunt; Klaudt; Koistinen; Krebs; McCoy; McLaughlin; Novstrup; Rounds; Tornow; Van Etten; Weems; Speaker Michels


     Excused:
Buckingham; Elliott; Gillespie; Kroger; Olson (Ryan); 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 1258:   FOR AN ACT ENTITLED, An Act to   revise the definition of an abused or neglected child.

     Was read the second time.

     The question being "Shall HB 1258 pass?"

     And the roll being called:

     Yeas 61, Nays 3, Excused 6, Absent 0

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

     Nays:
Bradford; Valandra; Van Norman

     Excused:
Buckingham; Elliott; Gillespie; Kroger; Olson (Ryan); 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 1233:   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 second time.

     Rep. Hunt moved that HB 1233 be deferred to Friday, February 11th, the 24th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1262:   FOR AN ACT ENTITLED, An Act to   provide a partial exemption to the assessment of certain power generation facilities for property tax purposes.

     Was read the second time.

     The question being "Shall HB 1262 pass?"

     And the roll being called:

     Yeas 61, Nays 3, Excused 6, Absent 0

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

     Nays:
Bradford; Valandra; Van Norman

     Excused:
Buckingham; Elliott; Gillespie; Kroger; Olson (Ryan); 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that SB 41, 86, 103, 129, 208, and 12 be deferred to Friday, February 11th, the 24th legislative day.

     Which motion prevailed and the bills were so deferred.

    Speaker Michels now presiding.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1061 was delivered to his Excellency, the Governor, for his approval at 8:30 a.m., February 10, 2005.


Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1002, 1011, 1012, 1080, 1085, 1087, 1105, 1162, and 1196 were delivered to his Excellency, the Governor, for his approval at 3:30 p.m., February 10, 2005.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1078 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1078: FOR AN ACT ENTITLED, An Act to  increase the motorcycle safety education fee and to provide for the repeal of the fee.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:29 p.m. the House adjourned.

Karen Gerdes, Chief Clerk