The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of
Allegiance led by House pages Jaleesa Hageman and Brittany Hooker.
Roll Call: All members present except Reps. Gassman and Kroger who were excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the sixteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 1, 2006, I approved House Bill 1052 and the
same has been deposited in the office of the Secretary of State.
Respectfully submitted,
M. Michael Rounds
Governor
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB
1172 and
1212 and returns the same with the recommendation that said
bills do pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1162 and returns the same with the recommendation that said bill be
amended as follows:
"
Section
1.
That chapter
38-21
be amended by adding thereto a NEW SECTION to read as
follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB
1031 and
1191 which were deferred to the 36th Legislative Day.
The Committee on Commerce respectfully reports that it has had under consideration
HB
1184 and
1224 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration
HB 1209 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration
HB
1179 which was deferred to the 36th Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration
HB
1229 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 1069 and returns the same with the recommendation that said bill be amended as follows:
"
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1110 and returns the same with the recommendation that said bill be amended as follows:
"
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1154 and returns the same with the recommendation that said bill be amended as follows:
"
Section 2. An excise tax is hereby imposed on the privilege of the use, storage, and
consumption in this state of farm machinery, attachment units, and irrigation equipment used
exclusively for agricultural purposes purchased or leased for use in this state at the same rate
of the purchase price of said property as imposed pursuant to section 1 of this Act.".
"
"
"
Section 18. That
§
10-45-16.1 be amended to read as follows:
10-45-16.1.
There are hereby specifically exempted from the provisions of this chapter and
from the computation of the amount of tax imposed by it, gross receipts from the sale of
pesticides, as defined in § 38-20A-1, to be used exclusively by the purchaser for agricultural
purposes. Any product or substance to be used in conjunction with the application or use of
pesticides for agricultural purposes is also exempt.
Such
The
products or substances include
,
but are not limited to,
adjuvants, surfactants, ammonium sulfate, innoculants, drift retardants,
water conditioners, seed treatments, foam markers, and foam dyes. Equipment
, other than farm
machinery, attachment units, and irrigation equipment uses exclusively for agricultural purposes
for the application of pesticides and related products and substances is not exempt. The tax
imposed by this chapter on endoparasiticides and ectoparasiticides shall be deposited in the
veterinary student tuition and animal disease research and diagnostic laboratory fund to be used
for veterinary student tuition grants and the operations and activities conducted by the State
Animal Disease Research and Diagnostic Laboratory established in § 13-58-13.
Section 19. That
§
10-46-17.5
be amended to read as follows:
10-46-17.5.
The use in this state of
insecticides, herbicides,
pesticides
, rodenticides, and
fumigants
as defined in
§
38-20A-1
to be used exclusively for agricultural purposes is
specifically exempted from the tax imposed by this chapter.
Any product or substance to be used
in conjunction with the application or use of pesticides for agricultural purposes is also exempt.
These products or substances include adjuvants, surfactants, ammonium sulfate, inoculants, drift
retardants, water conditioners, seed treatments, foam markers, and foam dyes. Equipment, other
than farm machinery, attachment units, and irrigation equipment used exclusively for
agricultural purposes, for the application of pesticides and related products and substances is not
exempt.
The tax imposed by this chapter on endoparasiticides and ectoparasiticides shall be
deposited in the veterinary student tuition and animal disease research and diagnostic laboratory
fund to be used for veterinary student tuition grants and the operations and activities conducted
by the State Animal Disease Research and Diagnostic Laboratory established in § 13-58-13.
Section 20. That
§
10-12A-4
be amended to read as follows:
10-12A-4.
The department may enter into tax collection agreements with any Indian tribe
under the provisions of this chapter and chapter 1-24. These agreements may provide for the
collection of any of the following state taxes and any tribal taxes imposed by a tribe that are
identical to the following state taxes:
Section 21. Sections 1 to 20, inclusive, are effective on April 1, 2006.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB
1151 and tabled the same.
The Committee on Local Government respectfully reports that it has had under
consideration SB
11,
12,
71, and
77 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
13 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
The Committee on Education respectfully reports that it has had under consideration
HB
1182 and returns the same with the recommendation that said bill do pass and be placed on
the Consent Calendar.
I have the honor to return herewith HB 1005, 1042, 1048, 1049, 1050, 1051, 1053, 1064,
and 1139 which have passed the Senate without change.
I have the honor to return herewith HCR 1003 in which the Senate has concurred.
I have the honor to return herewith HB 1065 and 1074 which have been amended by the
Senate and your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SB 156 and 159 which have passed the Senate and
your favorable consideration is respectfully requested.
HCR 1004:
A CONCURRENT RESOLUTION,
Urging the voters of South Dakota to
reject the Judicial Accountability Initiated Law (J.A.I.L.), which will be submitted to South
Dakota voters in November 2006, designated Amendment E.
Rep. Hennies moved that HCR 1004 as found on page 278 of the House Journal be
adopted.
The question being on Rep. Hennies' motion that HCR 1004 be adopted.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Excused:
Gassman; Kroger; O'Brien
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1004 was adopted.
Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 3rd, the 18th legislative day.
Which motion prevailed.
Rep. Rhoden moved that the reports of the Standing Committees on
Judiciary on HB 1186 as found on pages 316 and 317 of the House Journal
; also
Judiciary on HB 1205 as found on page 317 of the House Journal
; also
Health and Human Services on HB 1141 as found on pages 317 to 320 of the House
Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 156:
FOR AN ACT ENTITLED, An Act to
prohibit the picketing of funerals under
certain circumstances, to provide penalties for the violation thereof, and to declare an
emergency.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Judiciary.
HB 1164:
FOR AN ACT ENTITLED, An Act to
provide for the taxation of leased
motorcycles and motorized bicycles.
Was read the second time.
The question being Shall HB 1164 pass?
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Faehn; Frost; Fryslie; Garnos; Gillespie; 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;
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:
Elliott; Gassman; Kroger; O'Brien
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 25:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning motor
carrier regulation and to transfer the authority to regulate motor carriers from the Public Utilities
Commission to the Department of Revenue and Regulation.
Was read the second time.
The question being Shall SB 25 pass as amended?
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Excused:
Elliott; Gassman; Kroger; O'Brien
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 41:
FOR AN ACT ENTITLED, An Act to
revise and update certain provisions
pertaining to motor carrier safety and transportation of hazardous materials.
Was read the second time.
The question being Shall SB 41 pass?
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Faehn; Frost; Fryslie; Garnos; Gillespie; 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;
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:
Elliott; Gassman; Kroger; O'Brien
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 43:
FOR AN ACT ENTITLED, An Act to
update certain provisions for the storage of
explosive materials.
Was read the second time.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Faehn; Frost; Fryslie; Garnos; Gillespie; 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:
Elliott; Gassman; 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.
SB 55:
FOR AN ACT ENTITLED, An Act to
modify the process for state highway road
closures due to inclement weather.
Was read the second time.
The question being Shall SB 55 pass?
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Faehn; Frost; Fryslie; Garnos; Gillespie; 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:
Elliott; Gassman; 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 1137:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
practice of counseling.
Having had its second reading was up for consideration and final passage.
The question being Shall HB 1137 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; Gillespie; 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:
Gassman; 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 1114:
FOR AN ACT ENTITLED, An Act to
exempt from motor vehicle license fees
certain motor vehicles used to transport children to and from certain head start programs.
Having had its second reading was up for consideration and final passage.
Rep. Rhoden moved the previous question.
Which motion prevailed.
The question being Shall HB 1114 pass?
And the roll being called:
Yeas 36, Nays 31, Excused 3, Absent 0
Nays:
Boomgarden; Buckingham; Deadrick; Dykstra; Faehn; Frost; Hackl; Haverly; Heineman;
Howie; Hunhoff; Hunt; Jerke; Klaudt; Kraus; Krebs; McCoy; McLaughlin; Novstrup; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Sebert; Tidemann; Tornow;
Vehle; Willadsen; Speaker Michels
Excused:
Gassman; Kroger; Wick
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Rep. Pederson announced his intention to reconsider the vote by which HB 1114 passed.
HB 1165:
FOR AN ACT ENTITLED, An Act to
establish a workers compensation small
claims procedure.
Was read the second time.
The question being Shall HB 1165 pass as amended?
And the roll being called:
Yeas 56, Nays 12, Excused 2, Absent 0
Yeas:
Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos; Gillespie;
Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills;
Howie; Hunhoff; Jensen; Klaudt; Koistinen; Kraus; Lange; McCoy; McLaughlin; Miles;
Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave;
Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville;
Valandra; Vehle; Weems; Wick; Speaker Michels
Nays:
Boomgarden; Bradford; Buckingham; Frost; Hunt; Jerke; Krebs; Novstrup; Tornow; Van Etten;
Van Norman; Willadsen
Excused:
Gassman; Kroger
HB 1113:
FOR AN ACT ENTITLED, An Act to
exempt claims related to wildland fire
operations outside the state from certain workers' compensation provisions.
Was read the second time.
Rep. Deadrick moved that HB 1113 be deferred to Friday, February 3rd, the 18th legislative
day.
Which motion prevailed.
HB 1098:
FOR AN ACT ENTITLED, An Act to
exempt swine and cattle semen from sales
use tax.
Was read the second time.
The question being Shall HB 1098 pass?
And the roll being called:
Yeas 56, Nays 12, Excused 2, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Fryslie;
Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hills;
Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McLaughlin; Miles;
Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave;
Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow;
Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems
Nays:
Buckingham; Faehn; Frost; Heineman; Hennies; Hunt; McCoy; Putnam; Sebert; Wick;
Willadsen; Speaker Michels
Excused:
Gassman; 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.
Was read the second time.
The question being Shall HB 1227 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; Gillespie; 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:
Gassman; 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 1067:
FOR AN ACT ENTITLED, An Act to
classify certain persons as residents for
purposes of higher education tuition.
Was read the second time.
The question being Shall HB 1067 pass?
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; Gillespie; 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; Turbiville;
Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1181:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
humane societies.
Was read the second time.
The question being Shall HB 1181 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; Gillespie; 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; Turbiville; Valandra; Van Etten; Van Norman;
Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Buckingham
Excused:
Gassman; Kroger; Tornow
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1177:
FOR AN ACT ENTITLED, An Act to
limit the amount in the Employer's
Investment in South Dakota's Future Fund.
Was read the second time.
The question being Shall HB 1177 pass as amended?
And the roll being called:
Yeas 65, Nays 1, Excused 4, Absent 0
Nays:
Rounds
Excused:
Gassman; Howie; Kroger; Tornow
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1081:
FOR AN ACT ENTITLED, An Act to
exempt from the sales and use taxes
certain maintenance items used on agricultural machinery and equipment and to declare an
emergency.
Was read the second time.
The question being Shall HB 1081 pass as amended?
And the roll being called:
Yeas 65, Nays 1, Excused 4, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Halverson;
Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; 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; Turbiville; Valandra; Van
Etten; Van Norman; Vehle; Weems; Willadsen; Speaker Michels
Nays:
Hunt
Excused:
Gassman; Kroger; Tornow; Wick
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.
Was read the second time.
Speaker Pro tempore Deadrick now presiding.
The question being Shall HB 1226 pass as amended?
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Halverson;
Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Klaudt;
Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup;
O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Roberts; Rounds;
Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Gassman; Jerke; Kroger; Rave; Tornow
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1170:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
voting requirements of the board of adjustment.
Was read the second time.
The question being Shall HB 1170 pass as amended?
Yeas 60, Nays 7, Excused 3, Absent 0
Yeas:
Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie;
Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly; Heineman;
Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy;
McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters; Putnam;
Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann;
Tornow; Turbiville; Valandra; Van Etten; Weems; Wick; Willadsen; Speaker Michels
Nays:
Boomgarden; Deadrick; Halverson; Jensen; Olson (Ryan); Van Norman; Vehle
Excused:
Gassman; Kroger; Rave
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
provide additional state funding to school
districts that offer certain services and opportunities to students receiving alternative instruction.
Was read the second time.
Rep. Brunner moved that HB 1160 be deferred to Friday, February 3rd, the 18th legislative
day.
Which motion prevailed.
HB 1193:
FOR AN ACT ENTITLED, An Act to
limit certain cooperative arrangements
among school districts.
Was read the second time.
"
Section
2.
That chapter
13-36
be amended by adding thereto a NEW SECTION to read as
follows:".
Rep. Rhoden moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Gillespie's motion that HB 1193 be further amended.
And the roll being called:
Yeas 21, Nays 46, Excused 3, Absent 0
Nays:
Boomgarden; Brunner; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Hackl; Hanks;
Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen;
Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; Olson (Ryan); Peters;
Rausch; Rave; Rhoden; Rounds; Sebert; Thompson; Tidemann; Tornow; Turbiville; Van Etten;
Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Gassman; Kroger; Schafer
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Rhoden moved the previous question.
Which motion prevailed.
The question being Shall HB 1193 pass as amended?
And the roll being called:
Yeas 26, Nays 42, Excused 2, Absent 0
Yeas:
Brunner; Buckingham; Cutler; Dykstra; Hackl; Haverly; Heineman; Hills; Hunhoff; Hunt;
Kraus; Krebs; McCoy; McLaughlin; Murschel; Olson (Ryan); Peters; Rounds; Sebert;
Thompson; Tidemann; Tornow; Van Etten; Weems; Wick; Willadsen
Nays:
Boomgarden; Bradford; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos;
Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Howie; Jensen; Jerke;
Klaudt; Koistinen; Lange; Miles; Nelson; Novstrup; O'Brien; Pederson (Gordon); Putnam;
Rausch; Rave; Rhoden; Roberts; Schafer; Sigdestad; Street; Turbiville; Valandra; Van Norman;
Vehle; Speaker Michels
Excused:
Gassman; Kroger
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Was read the second time.
The question being Shall HB 1225 pass?
And the roll being called:
Yeas 66, Nays 1, Excused 3, Absent 0
Yeas:
Boomgarden; Bradford; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gillespie; 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
Nays:
Speaker Michels
Excused:
Brunner; Gassman; 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.
Speaker Michels now presiding.
HB 1120:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
operation of a snowmobile or boat while under the influence.
Was read the second time.
Rep. Rounds moved that HB 1120 be deferred to Wednesday, February 8th, the
21st legislative day.
Which motion prevailed.
Was read the second time.
The question being Shall HB 1204 pass?
And the roll being called:
Yeas 50, Nays 17, Excused 3, Absent 0
Yeas:
Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos;
Glenski; Glover; Hackl; Haley; Halverson; Hargens; Hennies; Hills; Howie; Hunhoff; Hunt;
Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Nelson;
Novstrup; Pederson (Gordon); Putnam; Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad;
Street; Thompson; Turbiville; Valandra; Van Norman; Vehle; Wick; Willadsen; Speaker
Michels
Nays:
Boomgarden; Bradford; Cutler; Frost; Hanks; Haverly; Heineman; Murschel; O'Brien; Olson
(Ryan); Peters; Rausch; Rhoden; Tidemann; Tornow; Van Etten; Weems
Excused:
Gassman; 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.
Rep. Rhoden moved that HB 1246 and SB 32 be deferred to Friday, February 3rd, the
18th legislative day.
Which motion prevailed.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1005, 1042, 1048, 1049, 1050, 1051, 1053, 1064, and
1139 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that HB 1002, 1003, 1033,
1063, and 1094 were delivered to his Excellency, the Governor, for his approval at 3:25 p.m.,
February 2, 2006.
The Speaker publicly read the title to
HB 1005:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
cancelled livestock brands.
HB 1042:
FOR AN ACT ENTITLED, An Act to
revise certain requirements regarding the
license renewal of insurance producers.
HB 1048:
FOR AN ACT ENTITLED, An Act to
revise the reporting and remittance
requirements for certain state taxes and to declare an emergency.
HB 1049:
FOR AN ACT ENTITLED, An Act to
revise the effective dates of certain laws
regarding the regulation of motor vehicle license plates.
HB 1050:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
taxation of motor fuel and the refunding of motor fuel taxes.
HB 1051:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding notice
to a tribe of a child custody proceeding subject to the Indian Child Welfare Act.
HB 1053:
FOR AN ACT ENTITLED, An Act to
codify legislation enacted in 2005.
HB 1064:
FOR AN ACT ENTITLED, An Act to
increase the penalty for subsequent
convictions for the crime of stalking.
HB 1139:
FOR AN ACT ENTITLED, An Act to
define the use of vehicles bearing dealer's
demonstration or in-transit permits and to revise the penalty for the misuse of such permits.
SB 3:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
establishment of representation areas for school board members and determination of vacancies
on school boards.
And signed the same in the presence of the House.