JOURNAL OF THE HOUSE

EIGHTIETH SESSION  



THIRTY-FIFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 28, 2005

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

     The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by House page Sian Albrecht.

     Roll Call: All members present except Reps. Gillespie and Miles 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 thirty-fourth 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 25, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 25, 2005, I approved House Bill 1259 and the same has 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 Judiciary respectfully reports that it has had under consideration SB 67 and returns the same with the recommendation that said bill be amended as follows:

67rq
     On page 45 of the Senate engrossed bill, delete lines 14 to 24 , inclusive.

     On page 46 , delete lines 1 to 13 , inclusive.

67rr
     On page 46 of the Senate engrossed bill, delete lines 14 to 24 , inclusive.

     On page 47 , delete lines 1 to 14 , inclusive.

67rs
     On page 47 of the Senate engrossed bill, delete lines 15 to 20 , inclusive.

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     On page 5 of the Senate engrossed bill, delete lines 1 to 9 , inclusive, and insert:

"      Section 11. That § 32-23-4.6 be amended to read as follows:

     32-23-4.6.   If conviction for a violation of § 32-23-1 is for a fourth offense, or subsequent offenses thereafter, and the person has previously been convicted of a felony under § 32-23-4, the person is guilty of a Class 5 felony, and the court, in pronouncing sentence, shall unconditionally revoke the defendant's driving privileges for such period of time as may be determined by the court, but in no event less than two years from the date sentence is imposed or two years from the date of discharge from incarceration, whichever is later. If the person is convicted of driving without a license during that period, he shall be sentenced to the county jail for not less than twenty days, which sentence may not be suspended. Notwithstanding §  23A-27- 19, the court retains jurisdiction to modify the conditions of the license revocation for the term of such revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to §  32-35-43.1, the court may permit the person to operate a vehicle for the purposes of employment, attendance at school, or attendance at counseling programs. ".


67ru
     On page 22 of the Senate engrossed bill, delete lines 8 to 24 , inclusive, and insert:

"      Section 54. That § 32-12-52.3 be amended to read as follows:

     32-12-52.3.   Upon a first conviction or a first adjudication of delinquency for a any violation, while in a motor vehicle, of §§ 22-42-5 to 22-42-11 22-42-9 , inclusive, 22-42A-3 , or 22-42A-4, the court shall revoke the driver license or driving privilege of the person driver so convicted for a period of one hundred eighty thirty days.

     Upon a second conviction or a second adjudication of delinquency for any violation, while in a vehicle, of §§ 22-42-5 to 22-42-9, inclusive, 22-42A-3, or 22-42A-4, the court shall, if such second conviction or adjudication occurred within four years of the first conviction or adjudication, revoke the driver license or driving privilege of the driver so convicted for a period of one hundred eighty days.
     Upon a second third or subsequent conviction or a second third or subsequent adjudication of delinquency for a violation, while in a motor vehicle, of §§ 22-42-5 to 22-42-11 22-42-9 , inclusive, 22-42A-3 , or 22-42A-4, the court shall , if such third or subsequent conviction or adjudication occurred within four years of the previous conviction or adjudication, revoke the driver license or driving privilege of the person driver so convicted for a period of one year or until the person's seventeenth birthday, whichever is a longer period of time. For any offense under this section, the court may issue an order , upon proof of financial responsibility pursuant to §  32-35-43.1, permitting the person to operate a motor vehicle for purposes of the person's employment, attendance at school, or counseling programs. Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified Judicial System shall notify the Department of Public Safety of any conviction or adjudication of delinquency for a violation, while in a motor vehicle, of §§ 22-42-5 to 22-42-11 22-42-9 , inclusive, 22-42A-3 , or 22-42A-4. The period of revocation shall begin on the date the person's revoked driver license is received by the court or the department. At the expiration of the revocation period, a person may make application as provided by law and shall pay the license fee prescribed in § 32-12-47.1. ".

     On page 23 , delete lines 1 and 2 .

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     On page 27 of the Senate engrossed bill, delete line 15 , and insert:

"      Section 61. That § 32-35-121 be repealed.

     32-35-121.   The magistrate judge or circuit judge shall additionally suspend the driver's license of any person convicted of a violation of § 32-35-113 or 32-35-120 for a period of not less than thirty days and not to exceed one year. Any drivers license surrendered to the court pursuant to this section shall be transmitted by the clerk of court together with the required report of the conviction, to the Department of Public Safety within ten days of the conviction. ".


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     On page 34, line 17 of the Senate engrossed bill, after " offenses " insert " , including speeding ".

     On page 34 , overstrike line 18 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 183 and returns the same with the recommendation that said bill be amended as follows:

183ja
     On page 1, line 4 of the Senate engrossed bill, delete " Whenever any lands are " and insert "Notwithstanding the provisions of § §  43-25-18 and 43-30-12, whenever any real property is".

     On page 1 , line 6, after " condition " insert "subsequent".

     On page 2 , delete lines 4 to 10 , inclusive, and insert:

"
     Section 2. In any action provided for in section 1 of this Act, the heirs of the grantor, reversionary interest holder, or devisor, if known, shall be named as defendants and the action shall be commenced and prosecuted as provided for by existing law for actions against known defendants. If the names or addresses of the heirs of any such grantor or devisee are unknown, the action shall be commenced and prosecuted as provided by existing law for actions against unknown defendants. No such action may be commenced within seventy-five years from the execution of any conveyance.".


     On page 2 , after line 24, insert:

"      Section 5. As part of the decree or judgment entered in any action commenced under this Act, the court may require that the real property be sold and that the proceeds from the sale be used for similar religious, educational, charitable, benevolent, or public purposes as provided in the original conveyance, and that the condition subsequent contained in the original conveyance attach to the sale proceeds upon such terms and conditions as the court may determine. The court may also require that the sale proceeds be used to purchase other real property or be put to such other uses consistent with the condition subsequent as the court determines.

     Section 6. Nothing in this Act applies to severed mineral interests.".


     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 SB 210 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 6 and returns the same with the recommendation that said bill be amended as follows:

6hc
     On page 4, after line 9 of the printed bill, insert:

"
     Section 6. The provisions of this Act are repealed on July 1, 2011.".


     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 SB 172 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 218 and returns the same with the recommendation that said bill be amended as follows:

218za
     On page 3, line 20 of the House State Affairs Committee engrossed bill, after " from the " delete " state general " and insert "gross receipts tax".

     On page 3 , line 20, after " fund " insert "created in §  49-1A-2".

218hta
     On page 1, line 1 of the House State Affairs Committee engrossed bill, after " Authority " insert ", to make an appropriation therefor,".

     And that as so amended said bill do pass.

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

REPORTS OF CONFERENCE COMMITTEES


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MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 96 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that Senate Bill 96 be amended as follows.

     On page 1 of the House engrossed bill, delete lines 4 to 10 , inclusive, and insert:

"      Section 1. Any municipality holding a license pursuant to title 35 may serve or provide for the service of food, prepared food, and beverages at any establishment operating under such license.".


     On page 1, line 1, delete " full food " and insert "certain".

     On page 1 , line 1, after " at " delete " certain " .

     On page 1 , line 2, delete " licensed municipal " and insert "public".

Respectfully submitted,             Respectfully submitted,
Donna Schafer                    J.P. Duniphan
House Committee Chair            Senate Committee Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1118 and 1244 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1095 and 1203 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HCR 1014 in which the Senate has concurred.

Respectfully,
Patricia Adam, Secretary

    Speaker Pro tempore Deadrick now presiding.

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that the rules be suspended for the sole purpose of dispensing with committee referral of SB 222 and providing for immediate consideration.

     The question being on Rep. Rhoden's motion that the rules be suspended for the sole purpose of dispensing with committee referral of SB 222 and providing for immediate consideration.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; Kroger; Lange; McCoy; McLaughlin; 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; Vehle; Weems; Wick; Willadsen; Speaker Michels


     Excused:
Gillespie; Miles; Van Norman

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 222:   FOR AN ACT ENTITLED, An Act to   provide for the appropriation and distribution of the excise tax on the gross receipts of personal communications system, wireless, and cellular companies, to retroactively apply the appropriations and distribution of the excise tax, and to declare an emergency.

     Was read the second time.

222fa

     Rep. Michels moved that SB 222 be amended as follows:

     On page 2, line 7 of the printed bill, after " validated " insert ", ratified,".

     Which motion prevailed and SB 222 was so amended.

     The question being "Shall SB 222 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, 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; Kroger; Lange; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); 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:
Gillespie; Miles; Pederson (Gordon); Tornow

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


    Speaker Michels now presiding.

MOTIONS AND RESOLUTIONS

(continued)

     Rep. Putnam moved that the House do not concur in Senate amendments to HB 1028 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Putnam, Klaudt, and Dennert.

     Rep. O'Brien moved that the House do concur in Senate amendments to HB 1194.

     The question being on Rep. O'Brien's motion that the House do concur in Senate amendments to HB 1194.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; Kroger; Lange; McCoy; McLaughlin; 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:
Gillespie; Miles; 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 1017:   A CONCURRENT RESOLUTION,   Requesting the creation of an interim committee to study interscholastic activities.

     Rep. Weems moved that HCR 1017 as found on pages 615 and 616 of the House Journal be adopted.

     The question being on Rep. Weems' motion that HCR 1017 be adopted.

     And the roll being called:


     Yeas 56, Nays 11, Excused 3, Absent 0

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

     Nays:
Dennert; Gassman; Glover; Haley; Hargens; Hunhoff; Kroger; Lange; Sigdestad; Street; Valandra

     Excused:
Gillespie; Miles; Tornow

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1017 was adopted.

     HCR 1018   Introduced by:  Representatives Hackl, Brunner, Cutler, Davis, Elliott, Frost, Garnos, Haley, Hargens, Hennies, Klaudt, Koistinen, Kroger, McCoy, McLaughlin, Pederson (Gordon), Rausch, Rhoden, Rounds, Sebert, Street, Turbiville, Van Etten, and Willadsen and Senators Peterson (Jim), Bogue, Duenwald, Duniphan, Hansen (Tom), Hundstad, Koskan, Moore, Olson (Ed), and Sutton (Duane)

         A CONCURRENT RESOLUTION,  Requesting South Dakota's Congressional delegation and the United States Congress to support federal multi-emission reduction legislation.

     WHEREAS,  the federal government, state and local governments, communities, and electric power providers have a common interest in assuring compliance with our nation's air quality goals; and

     WHEREAS,  South Dakota is one of only eleven states to meet all of the federal government's ambient air quality standards; and

     WHEREAS,  the Big Stone Power Plant near Big Stone City, South Dakota, is helping to maintain South Dakota's clean air by working with the United States Department of Energy to install and operate an advanced hybrid particulate collector that collects 99.99 percent of the particulate emitted by its coal-fired boiler; and

     WHEREAS,  the South Dakota Legislature is desirous of developing the state's natural resources in an environmentally responsible manner for the benefit of all its citizens; and

     WHEREAS,  electric power providers have significantly reduced air emissions, but additional reductions are needed to help address these air quality goals; and
     WHEREAS,  the Clean Air Act provides for continued reductions in emissions of sulfur dioxide, nitrogen oxides, and mercury from electric power facilities with numerous regulatory decisions mandated over the next two decades that will have unpredictable outcomes; and

     WHEREAS,  implementation of the Clean Air Act's multiple, overlapping requirements could be streamlined to facilitate greater, more efficient, and more certain emission reductions that would reduce litigation that often causes significant delays in achieving air quality goals; and

     WHEREAS,  an opportunity (in the form of the Clear Skies Initiative) exists to adopt a federal, integrated strategy that establishes aggressive, but reasonable, timeframes and reduction targets for the nation's three highest-priority electric power plant emissions _ sulfur dioxide, nitrogen oxides, and mercury; and

     WHEREAS,  such a multi-emission strategy will minimize interstate regulatory compliance conflicts, lessen the need for costly, time-consuming litigation, allow for the design and deployment of more cost-effective technologies, and continue the nation's progress for reducing potentially harmful emissions in as cost-effective manner as possible without negatively impacting the reliability of the nation's electric power supplies:

     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 South Dakota Legislature calls upon South Dakota's Congressional delegation and the United States Congress to pass multi-emission legislation in 2005 that significantly reduces emissions of sulfur dioxide, nitrogen oxides, and mercury from electric power generators and helps the nation toward attainment of federal air quality standards without exacerbating imbalances in the natural gas market; and

     BE IT FURTHER RESOLVED,  that the final multi-emission reduction program should maintain and encourage a diverse fuel supply that will benefit states and local communities, consumers, and manufacturers, as well as maintain and promote electric power reliability, availability, and affordability; and

     BE IT FURTHER RESOLVED,  that reductions under such a program should be achieved using an emissions cap-and-trade approach patterned after the successful Clean Air Act acid rain program; and

     BE IT FURTHER RESOLVED,  that the ongoing development of combined heat and power units be encouraged by exempting energy efficient and low-emitting units from multi-emission legislation and allowing them to opt into the program; and

     BE IT FURTHER RESOLVED,  that such a program should streamline Clean Air Act provisions given that sulfur dioxide, nitrogen oxides, and mercury emissions caps will substantially reduce the amount of emissions from electric power facilities; and

     BE IT FURTHER RESOLVED,  that such a program should require strict enforcement by the United States Environmental Protection Agency and strict fines for violations; and
     BE IT FURTHER RESOLVED,  that the South Dakota Legislature supports the Clear Skies Initiative if the final version does not contain carbon dioxide emission regulations or standards, and that the goal of carbon dioxide emission reductions instead be supported through research and encouraged on a voluntary basis.

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

     HCR 1019   Introduced by:  Representatives Brunner, Boomgarden, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Fryslie, Garnos, Glover, Hackl, Halverson, Hanks, Hargens, Hennies, Hills, Howie, Jensen, Jerke, Klaudt, Koistinen, Krebs, Lange, McCoy, Murschel, Nelson, Novstrup, O'Brien, Pederson (Gordon), Peters, Rausch, Rave, Rhoden, Roberts, Rounds, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Vehle, Weems, and Willadsen and Senators Duenwald, Abdallah, Broderick, Dempster, Gray, Greenfield, Hundstad, Kooistra, McNenny, Olson (Ed), and Sutton (Dan)

         A CONCURRENT RESOLUTION,  Setting forth certain legislative policy recommendations to the secretary of the Department of Game, Fish and Parks regarding ongoing efforts to improve communications and to resolve complaints among landowners, sportsmen, and the department.

     WHEREAS,  the citizens of South Dakota have long recognized the important role that our farmers and ranchers play in the conservation and stewardship of the land, water, and wildlife resources of our state; and

     WHEREAS,  it is important for this legislative body to express our gratitude and support of South Dakota's landowners for their contribution toward preserving the state's outdoor heritage by providing food, water, and shelter for wildlife and for their gracious efforts to open their private lands to host those who hunt, fish, trap, and pursue many other outdoor activities; and

     WHEREAS,  given that all citizens of South Dakota cherish our rich heritage of hunting, fishing, and other outdoor-related activities, it is equally important to express our gratitude in recognizing the important role of the sportsmen of our state who promote wildlife conservation and the sound management of our state's natural resources; and

     WHEREAS,  debate over the open fields doctrine, as it pertains to the entry of conservation officers onto private land has been beneficial in establishing dialogue and recognizing the importance of the partnerships which are critical to preserving South Dakota's outdoor heritage for posterity; and

     WHEREAS,  in April 2004, the secretary of Game, Fish and Parks formed the West River Issues Working Group (WRIWG) to identify important issues and concerns related to the management of wildlife resources in western South Dakota. The WRIWG subsequently delivered a final report to the Game, Fish and Parks Commission in December 2004, including a list of seven recommendations to improve communication among landowners, sportsmen, and the Department of Game, Fish and Parks; and
     WHEREAS,  an improved communication process, including a formal mechanism to hear and consider complaints and concerns from all parties, would be of enormous help in defusing, clarifying, and resolving disputes and conflicts related to the management and use of our fish and wildlife resources that continue to plague South Dakota's landowners, sportsmen, the Department of Game, Fish and Parks, and the public as a whole; and

     WHEREAS,  it is incumbent upon this legislative body to consider these issues and offer guidance and support to the secretary of Game, Fish and Parks, the Game, Fish and Parks Commission, and all other involved interests who are working in cooperation to seek improvements in communication between landowners, Game, Fish and Parks, and the public and to provide opportunities and methods for resolving disputes and complaints among the interested parties:

     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 urges the secretary of the Department of Game, Fish and Parks to establish a "Wildlife Issues Panel" representing landowners, sportsmen, legislators, and the Game, Fish and Parks Commission. The panel will serve the following purposes:

             (1)    Provide the opportunity for landowners, sportsmen, and members of the general public to air their complaints and grievances related to the use and management of the state's fish and wildlife resources;

             (2)    Provide guidance and recommendations to the secretary and the Game, Fish and Parks Commission for purposes of implementing the seven communications improvement strategies identified by the WRIWG;

             (3)    Monitor progress and offer on-going advice to the secretary and the Game, Fish and Parks Commission on specific efforts to improve conservation officer communications through the implementation of the "Eight-Point Conservation Officer Communications Improvement Plan";

             (4)    Offer input to the secretary of Game, Fish and Parks as to how the department may improve accountability when addressing other citizen complaints against agency employees who may have violated department policies or operating procedures; and

             (5)    Provide periodic status and progress reports to the House of Representatives and the Senate, through the respective Agriculture and Natural Resources Committees of each body, regarding efforts to improve communications and resolve disputes and complaints between the respective identified parties; and

     BE IT FURTHER RESOLVED,  that we commend the efforts of the West River Issues Working Group; the staff and Commission of the Department of Game, Fish and Parks; all landowners who provide habitat for our wildlife; and our sportsmen, who together, work diligently to preserve our hunting and fishing heritage and promote sound stewardship of the natural resources of South Dakota.

     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 Tuesday, March 1st, the 36th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on SB 43 as found on page 647 of the House Journal ; also

     Judiciary on SB 144 as found on pages 647 and 648 of the House Journal ; also

     Appropriations on SB 35 as found on page 649 of the House Journal ; also

     State Affairs on SB 218 as found on pages 649 to 658 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 58:   FOR AN ACT ENTITLED, An Act to   require insurers to cooperate with the Department of Social Services in the coordination of medical benefits.

     Was read the second time.

     Rep. Haley requested that SB 58 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 178:   FOR AN ACT ENTITLED, An Act to   provide for the creation of county interdisciplinary child information teams and to regulate their memberships, authority, and responsibilities.

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

     The question being "Shall SB 178 pass as amended?"

     And the roll being called:


     Yeas 66, Nays 2, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; 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:
Hackl; Klaudt

     Excused:
Gillespie; Miles

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

     SB 72:   FOR AN ACT ENTITLED, An Act to   include legal costs as allowable expenditures from the special education fund.

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

     Rep. Rhoden moved that SB 72 be deferred to Tuesday, March 1st, the 36th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 125:   FOR AN ACT ENTITLED, An Act to   exempt transfers of funds from certain municipal revenue producing ventures from the calculation of the general fund balance of school districts.

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

     The question being "Shall SB 125 pass as amended?"

     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; Kroger; Lange; McCoy; McLaughlin; 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; Miles

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

     SB 95:   FOR AN ACT ENTITLED, An Act to   authorize account wagering and multi- jurisdictional simulcasting and interactive wagering totalizator hubs and to revise certain provisions regarding pari-mutuel racing.

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

     The question being "Shall SB 95 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 17, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Hunhoff; Jensen; Klaudt; Krebs; Kroger; Lange; McCoy; McLaughlin; Murschel; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Sebert; Sigdestad; Street; Tidemann; Tornow; Valandra; Van Etten; Van Norman; Willadsen; Speaker Michels

     Nays:
Cutler; Faehn; Hennies; Howie; Hunt; Jerke; Koistinen; Kraus; Nelson; Novstrup; Putnam; Schafer; Thompson; Turbiville; Vehle; Weems; Wick

     Excused:
Gillespie; Miles

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

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

     Was read the second time.

     Rep. Rhoden moved that SB 191 be placed to follow SB 190 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 216:   FOR AN ACT ENTITLED, An Act to   enumerate the circumstances under which prairie dogs are to be considered pests.

     Was read the second time.

     The question being "Shall SB 216 pass as amended?"

     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; Kroger; Lange; McCoy; McLaughlin; 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; Miles

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

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

     Was read the second time.

     Rep. Rhoden moved that SB 185 be deferred to Tuesday, March 1st, the 36th legislative day.

     Which motion prevailed and the bill was so deferred.

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

     Was read the second time.

     The question being "Shall SB 109 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; 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; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Hargens

     Excused:
Gillespie; Miles

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

     SB 157:   FOR AN ACT ENTITLED, An Act to   increase the per student allocation in the state aid to education formula and to exempt from reversion certain funds appropriated for the state aid to education formula.

     Was read the second time.

     Rep. Rhoden moved that SB 157 be deferred to Tuesday, March 1st, the 36th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 175:   FOR AN ACT ENTITLED, An Act to   provide for the removal of certain noncommercial motor vehicle license plates from a motor vehicle if the ownership of the vehicle is transferred and to make an appropriation to provide for the administration thereof.

     Was read the second time.

     The question being "Shall SB 175 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

     Yeas:
Boomgarden; 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; 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; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Hunt

     Excused:
Gillespie; Miles

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

     SB 60:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to child support.

     Was read the second time.

60fa

     Rep. Tornow moved that SB 60 be amended as follows:

     On page 8 of the House Judiciary Committee engrossed bill, delete lines 1 to 11 , inclusive, and insert:

"

             (3)      The federal income tax consequences arising from claiming the child as a dependent;
             (4)      Any necessary education or health care special needs of the child;
             (5)      For agreements entered into prior to July 1, 1986, if it is established by clear and convincing evidence, that debts or property were exchanged for child support and it appears equitable to continue such arrangement;
             (6)      The effect of agreements between the parents regarding extra forms of support for the direct benefit of the child;
             (7) (6)      The obligation of either parent to provide for subsequent natural children or stepchildren. However, an existing support order may not be modified solely for this reason; or
             (8) (7)      The voluntary act of either parent which reduces that parent's income.".

     A roll call vote was requested and supported.

     The question being on Rep. Tornow's motion that SB 60 be amended.

     And the roll being called:

     Yeas 14, Nays 54, Excused 2, Absent 0

     Yeas:
Boomgarden; Buckingham; Hanks; Jerke; Koistinen; Krebs; McCoy; Nelson; Novstrup; O'Brien; Pederson (Gordon); Rausch; Tornow; Weems

     Nays:
Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Klaudt; Kraus; Kroger; Lange; McLaughlin; Murschel; Olson (Ryan); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Miles

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

     The question being "Shall SB 60 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Boomgarden; 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; Kroger; Lange; McCoy; McLaughlin; 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:
Bradford

     Excused:
Gillespie; Miles

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

     SB 119:   FOR AN ACT ENTITLED, An Act to   authorize the transfer of a motor vehicle title to satisfy an unpaid motor vehicle repair bill under certain conditions.

     Was read the second time.

     The question being "Shall SB 119 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; 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; Kroger; Lange; McCoy; McLaughlin; 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:
Deadrick; Gillespie; Miles

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

     SB 17:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the authority of the Public Utilities Commission with regard to wind energy facilities.

     Was read the second time.

     The question being "Shall SB 17 pass as amended?"

     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; Kroger; Lange; McCoy; McLaughlin; 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; Miles

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

     SB 177:   FOR AN ACT ENTITLED, An Act to   provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

     Was read the second time.

     The question being "Shall SB 177 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 43, Excused 2, Absent 0

     Yeas:
Brunner; Dennert; Dykstra; Elliott; Garnos; Gassman; Glenski; Glover; Haley; Halverson; Hargens; Hills; Jensen; Klaudt; Kroger; Lange; Murschel; Putnam; Rhoden; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

     Nays:
Boomgarden; Bradford; Buckingham; Cutler; Davis; Deadrick; Faehn; Frost; Fryslie; Hackl; Hanks; Haverly; Heineman; Hennies; Howie; Hunhoff; Hunt; Jerke; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Miles

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

     SB 193:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the performance of abortions on unemancipated minors and those found to be incompetent.

     Was read the second time.

193jd

     Rep. Weems moved that SB 193 be amended as follows:

     On page 2, line 5 of the House State Affairs Committee engrossed bill, remove the overstrikes from " pregnant " .

     On page 2 , line 5, delete " or the " .

     On page 2 , line 6, delete " incompetent female's " .

     On page 2 , line 7, overstrike " that so complicates the medical " .


     On page 2 , delete line 8 , and insert " condition of a pregnant female as to ".

     On page 2 , overstrike lines 9 and 10 .

     On page 2 , line 11, overstrike " bodily function " .

     On page 2 , line 12, delete " or incompetent female " .

     On page 2 , line 13, delete " the parent shall be verbally informed " and insert " a good faith effort shall be made ".

     On page 2 , line 14, delete " as soon as possible, but not later than " and insert " to verbally inform the parent within ".

     On page 2 , line 16, delete " or incompetent female " .

     On page 2 , line 18, delete " or the incompetent female " .

     On page 2 , line 23, delete " or incompetent female " .

     On page 2 , line 24, delete " or the " .

     On page 3 , line 1, delete " incompetent female's " .

     On page 3 , line 8, remove the overstrikes from " A pregnant " and delete " An unemancipated minor or incompetent ".

     On page 3 , line 12, remove the overstrikes from " pregnant " and delete " unemancipated minor or incompetent ".
     On page 3 , line 14, remove the overstrikes from " pregnant " and delete " unemancipated minor or incompetent ".

     On page 3 , line 23, remove the overstrikes from " pregnant " and delete " unemancipated minor or incompetent ".

     On page 4 , line 5, remove the overstrikes from " pregnant " and delete " unemancipated minor or incompetent ".

     On page 4 , line 9, remove the overstrikes from " pregnant " and delete " unemancipated ".

     On page 4 , line 10, delete " minor or incompetent " .

     On page 4 , line 12, remove the overstrikes from " pregnant " and delete " unemancipated minor or incompetent ".

     On page 4 , line 15, remove the overstrikes from " a pregnant " and delete " an unemancipated minor or ".

     On page 4 , line 16, delete " incompetent " .

     Which motion prevailed and SB 193 was so amended.

     The question being "Shall SB 193 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Hackl; Halverson; Hanks; 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; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Glover; Roberts; Thompson; Valandra; Van Norman

     Excused:
Gillespie; Haley; Miles

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


     SB 114:   FOR AN ACT ENTITLED, An Act to   establish a refundable checkoff on pulse crops.

     Was read the second time.

     The question being "Shall SB 114 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Halverson; Hanks; 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; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Buckingham

     Excused:
Gillespie; Haley; Miles

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

     SB 190:   FOR AN ACT ENTITLED, An Act to   prohibit the sale of certain hunting and fishing licenses using the internet and to require certain licensing agent information to appear on the Department of Game, Fish and Parks internet site.

     Was read the second time.

     Rep. Hennies moved that SB 190 be laid on the table.

     The question being on Rep. Hennies' motion that SB 190 be laid on the table.

     And the roll being called:

     Yeas 48, Nays 19, Excused 3, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Fryslie; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; McCoy; McLaughlin; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Deadrick; Faehn; Frost; Garnos; Gassman; Glenski; Glover; Hills; Klaudt; Lange; Murschel; O'Brien; Putnam; Schafer; Sebert; Valandra; Van Norman; Vehle

     Excused:
Gillespie; Haley; Miles

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 190 was tabled.

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

     Was read the second time.

191ta

     Rep. Deadrick moved that SB 191 be amended as follows:

     On page 1, after line 9 of the printed bill, insert:

"      Section 2. The provisions of this Act are repealed on July 1, 2008.".


     Which motion prevailed and SB 191 was so amended.

     The question being "Shall SB 191 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 8, Excused 2, Absent 0

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

     Nays:
Buckingham; Heineman; Jensen; Kraus; Novstrup; Thompson; Van Etten; Weems

     Excused:
Gillespie; Miles

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

     SB 197:   FOR AN ACT ENTITLED, An Act to   clarify how certain registered livestock brands held in joint tenancy may be transferred.

     Was read the second time.

     Rep. Rhoden moved that SB 197 be deferred to Tuesday, March 1st, the 36th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 139:   FOR AN ACT ENTITLED, An Act to   establish certain requirements for insurance policies covering certain long-term care services.

     Was read the second time.

     The question being "Shall SB 139 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 10, Excused 2, Absent 0

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

     Nays:
Buckingham; Davis; Frost; Hanks; Hennies; Howie; Kraus; Rausch; Rave; Wick

     Excused:
Gillespie; Miles

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

     Rep. Rhoden moved that SB 98, 36, 220, and 170 be deferred to Tuesday, March 1st, the 36th legislative day.

     Which motion prevailed and the bills were so deferred.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 2, 53, 154, 188, and 217.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1098, 1169, 1188, 1197, 1228, and 1258 were delivered to his Excellency, the Governor, for his approval at 9:35 a.m., February 28, 2005.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1118, 1160, 1194, and 1244 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1118: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the interest rate on past due moneys.

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

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

     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.

     HB 1244: FOR AN ACT ENTITLED, An Act to  allow certain National Guard and armed forces reserve members to obtain resident hunting and fishing licenses.

     SB 12: FOR AN ACT ENTITLED, An Act to  authorize a parent to appear telephonically for a hearing to voluntarily terminate parental rights.

     SB 107: FOR AN ACT ENTITLED, An Act to  regulate the sale and shipment of cigarettes.

     SB 121: FOR AN ACT ENTITLED, An Act to  revise the authority of the Public Utilities Commission to approve the sale or transfer of telecommunications exchanges and to revise the provisions concerning the obligation of telecommunications companies to report consolidations, mergers, and changes to control.

     SB 164: FOR AN ACT ENTITLED, An Act to  repeal certain provisions related to the reporting of livestock contracts.

     SB 189: FOR AN ACT ENTITLED, An Act to  appropriate money to the Association of County Commissioners for the coordination of 911 services.

     And signed the same in the presence of the House.


     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:05 p.m. the House adjourned.

Karen Gerdes, Chief Clerk