JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




TENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 23, 2007

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House page Ashlyn Swanson.

     Roll Call: All members present except Rep. Ryan Olson who was 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 ninth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1103 and SB 12 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill be amended as follows:

1080fb
     On page 6, between lines 5 and 6 of the printed bill, insert:

"

     For the purposes of this section, the purchaser is the end consumer.".

     On page 9 , between lines 5 and 6, insert:

"

     For the purposes of this section, the purchaser is the end consumer.".

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1019, 1021, 1022, and 1023 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 1112 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1024 and returns the same with the recommendation that said bill be amended as follows:

1024ta
     On page 1, line 6 of the printed bill, remove the overstrikes from " regular place of residence " .

     On page 1 , line 6, after " his " insert " the person's ".

     On page 1 , line 7, delete everything before " is " .

     And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1104 and returns the same with the recommendation that said bill be amended as follows:

1104fa
     On page 2 of the printed bill, delete lines 13 to 17 , inclusive, and insert:

"

             (10)      To construct Construct , operate, equip, maintain, extend, and improve any system or part of a system of waterworks and sewers for supplying water and sewerage services

for an unincorporated town within its boundaries and the geographic area surrounding the unincorporated town, for industrial , agricultural, and domestic use therein , and for such compensation and terms and conditions as it may determine , provided that no system may be constructed, equipped, maintained, extended, or improved more than twenty miles from its exterior boundaries ;".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1111 and returns the same with the recommendation that said bill be amended as follows:

1111fa
     On page 1, line 11 of the printed bill, after " transactions " insert " . However, no governing body may mandate that the recipient of the payment shall accept payment by electronic transaction ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1109 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Alan Hanks, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  26, 27, 28, and 29 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1061 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.


Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1113 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 30 and 67 which have passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1001:   A CONCURRENT RESOLUTION,   Supporting a Taiwan-United States free trade agreement.

     Rep. Hunt moved that HCR 1001 as found on page 136 of the House Journal be adopted.

     The question being on Rep. Hunt's motion that HCR 1001 be adopted.

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0


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

     Nays:
Burg; Engels; Feinstein; Halverson; Moore; Street

     Excused:
Olson (Ryan); Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1001 was adopted.

     SCR 1:   A CONCURRENT RESOLUTION,   Expressing the Legislature's support and hope for a full recovery for United States Senator Tim Johnson.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Health and Human Services on HB 1077 as found on page 134 of the House Journal ; also

     Commerce on HB 1089 as found on page 135 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1137   Introduced by:  Representatives Glenski, Cutler, Halverson, Miles, Pitts, Sigdestad, Van Etten, and Willadsen and Senators Hauge, Abdallah, Albers, Gray, Hansen (Tom), Nesselhuf, Peterson (Jim), and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   prohibit certain money lenders from providing a subsequent short-term consumer loan without some intervening time.

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



     HB 1138   Introduced by:  Representatives Haverly, Buckingham, Kirkeby, and Peters and Senators Greenfield, Gant, Katus, Napoli, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

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

     HB 1139   Introduced by:  Representatives Rhoden, Boomgarden, Brunner, Buckingham, Carson, Cutler, Davis, Deadrick, DeVries, Dreyer, Dykstra, Faehn, Gilson, Hackl, Hanks, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lust, McLaughlin, Nelson, Noem, Novstrup (Al), Novstrup (David), Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rounds, Steele, Tidemann, Turbiville, Van Etten, Vanneman, Vehle, Weems, Wick, and Willadsen and Senators Knudson, Abdallah, Albers, Dempster, Duenwald, Gant, Garnos, Gray, Hansen (Tom), Hauge, Hunhoff, Lintz, McCracken, McNenny, Olson (Ed), and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   define the status of principal in the education enhancement trust fund and the health care trust fund.

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

     HB 1140   Introduced by:  Representatives Rhoden, Boomgarden, Brunner, Buckingham, Carson, Cutler, Davis, Deadrick, DeVries, Dreyer, Dykstra, Faehn, Gilson, Hackl, Hanks, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lust, McLaughlin, Nelson, Noem, Novstrup (Al), Novstrup (David), Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rounds, Steele, Tidemann, Turbiville, Van Etten, Vanneman, Vehle, Weems, Wick, and Willadsen and Senators Knudson, Abdallah, Albers, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hauge, Hunhoff, Lintz, McCracken, McNenny, Olson (Ed), Schmidt (Dennis), and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   require an annual adjustment to the general fund levies of a school district by reducing local effort by nine million dollars from funds deposited in the property tax reduction fund from the tax on cigarettes and other tobacco products.

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

     HB 1141   Introduced by:  Representatives Buckingham, Hackl, Kirkeby, Miles, Olson (Betty), Weems, and Wick and Senators Napoli, Greenfield, Jerstad, Katus, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   create the facility equity fund to assist certain school districts with critical need for capital construction.

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



     HB 1142   Introduced by:  Representatives Hills, Cutler, Elliott, Gilson, McLaughlin, Nelson, Novstrup (Al), Novstrup (David), Pitts, Rave, Rounds, Thompson, and Turbiville and Senators Hansen (Tom), Bartling, Gray, Knudson, Maher, Nesselhuf, Olson (Ed), and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   increase the amounts of the annual awards given to recipients of the South Dakota opportunity scholarship.

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

     HB 1143   Introduced by:  Representatives Cutler and Moore and Senators Albers, Knudson, and Turbak

       FOR AN ACT ENTITLED, An Act to   repeal the limitation on liability of local government agencies and their employees for year 2000 litigation.

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

     HB 1144   Introduced by:  Representatives Cutler, Ahlers, Boomgarden, Brunner, Faehn, Hunt, Juhnke, Miles, Moore, Novstrup (David), Nygaard, Pederson (Gordon), Rave, Rounds, Street, Turbiville, Vehle, and Willadsen and Senators Turbak, Abdallah, Bartling, Dempster, Gray, Hanson (Gary), Katus, Koetzle, McCracken, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   limit the transfer of contested Public Utilities Commission cases to the Office of Hearing Examiners.

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

     HB 1145   Introduced by:  Representatives Turbiville, Brunner, Burg, Cutler, Davis, DeVries, Faehn, Gilson, Halverson, Hargens, Heineman, Hills, Howie, Juhnke, Kirkeby, Lucas, McLaughlin, Miles, Moore, Novstrup (Al), Olson (Betty), Olson (Russell), Pederson (Gordon), Peters, Pitts, Rausch, Rhoden, Rounds, Sigdestad, Steele, Tidemann, Van Etten, Vanneman, Weems, and Willadsen and Senators Lintz, Albers, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hanson (Gary), Koetzle, Maher, McCracken, McNenny, Napoli, Peterson (Jim), Schmidt (Dennis), and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning utility right-of- way away maintenance.

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


     HB 1146   Introduced by:  Representatives Dykstra, Brunner, Cutler, Elliott, Gillespie, Halverson, Heineman, Krebs, Lust, McLaughlin, Pitts, Rhoden, and Wick and Senators Olson (Ed), Albers, Dempster, Heidepriem, Jerstad, Knudson, Koetzle, Maher, McCracken, McNenny, Peterson (Jim), and Turbak

       FOR AN ACT ENTITLED, An Act to   establish education service agencies to provide services to school districts on a regional basis and to make an appropriation therefor.

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

     HB 1147   Introduced by:  Representatives Lust, Cutler, and Moore and Senators Albers, Abdallah, Knudson, and Turbak

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding notices of claims against governmental entities.

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

     HB 1148   Introduced by:  Representatives Olson (Betty), Dennert, Engels, Hanks, and Howie and Senators Napoli, Maher, McNenny, and Schmidt (Dennis)

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

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 30:   FOR AN ACT ENTITLED, An Act to   to make an appropriation for costs related to payments to sparse school districts and to declare an emergency.

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

     SB 67:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions related to distribution of funds to school districts based on adequate yearly progress.

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


SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1034:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the data submission requirements for the state accreditation of schools.

     Was read the second time.

     The question being "Shall HB 1034 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Olson (Ryan)

     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 1037:   FOR AN ACT ENTITLED, An Act to   repeal certain health certification requirements of school employees.

     Was read the second time.

     Rep. Koistinen requested that HB 1037 be removed from the Consent Calendar.

     Which request was granted.

     HB 1079:   FOR AN ACT ENTITLED, An Act to   establish certain provisions regarding the child abuse and neglect central registry.

     Was read the second time.

     The question being "Shall HB 1079 pass?"



     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Olson (Ryan)

     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 1085:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the transfer of title.

     Was read the second time.

     The question being "Shall HB 1085 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Olson (Ryan)

     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 1033:   FOR AN ACT ENTITLED, An Act to   impose sanctions on schools and certified school personnel for compromising the integrity of a state-required academic achievement test.

     Was read the second time.

     Rep. Buckingham moved that HB 1033 be deferred to Wednesday, January 24th, the 11th legislative day.

     Which motion prevailed.

     HB 1010:   FOR AN ACT ENTITLED, An Act to   make an appropriation to provide for the renovation of the nursing care building on the South Dakota Veterans' Home campus.

     Was read the second time.

     Rep. Haverly moved that HB 1010 be deferred to Thursday, January 25th, the 12th legislative day.

     Which motion prevailed.

     HB 1028:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of physician assistants.

     Was read the second time.

     The question being "Shall HB 1028 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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


     Excused:
Olson (Ryan)

     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.

     HB 1051:   FOR AN ACT ENTITLED, An Act to   revise certain requirements regarding the licensing of insurance producers.

     Was read the second time.

     The question being "Shall HB 1051 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Olson (Ryan)

     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 1052:   FOR AN ACT ENTITLED, An Act to   revise the requirements for coordination of benefits between health plans.

     Was read the second time.

     The question being "Shall HB 1052 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0


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

     Excused:
Olson (Ryan)

     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 1054:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for the independent audit of insurers.

     Was read the second time.

     The question being "Shall HB 1054 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent 0

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

     Nays:
Hunt; Rave

     Excused:
Olson (Ryan)

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


     HB 1031:   FOR AN ACT ENTITLED, An Act to   provide for the regulation of telepharmacy and to establish a fee therefor.

     Was read the second time.

     The question being "Shall HB 1031 pass?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

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

     Nays:
Buckingham; Carson; Haverly; Peters

     Excused:
Olson (Ryan)

     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.

     HB 1071:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the title of initiated measures and the filing of initiated measures.

     Was read the second time.

     The question being "Shall HB 1071 pass?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0


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

     Nays:
Bradford; Elliott; Hargens; Van Norman

     Excused:
Olson (Ryan)

     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 1078:   FOR AN ACT ENTITLED, An Act to   allow tribal agencies that provide child welfare services to obtain results from a check of the central registry for abuse and neglect.

     Was read the second time.

     The question being "Shall HB 1078 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Olson (Ryan)

     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 1099:   FOR AN ACT ENTITLED, An Act to   authorize certain domestic limited liability companies and partnerships to be registered agents of foreign corporations.

     Was read the second time.

     The question being "Shall HB 1099 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Olson (Ryan)

     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 49 and 66 be deferred to Wednesday, January 24th, the 11th legislative day.

     Which motion prevailed.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:09 p.m. the House adjourned.

Karen Gerdes, Chief Clerk