JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



FOURTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 29, 2007

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

     The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by House page Ashley Schnell.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirteenth 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 Commerce respectfully reports that it has had under consideration SB  35 and 38 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 SB 39 and returns the same with the recommendation that said bill be amended as follows:

39sa
     On page 1, line 11 of the printed bill, delete " necessary " and insert "sufficient".

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

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1122 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 Commerce respectfully reports that it has had under consideration HB 1114 and returns the same with the recommendation that said bill be amended as follows:

1114ja
     On page 1, line 6 of the printed bill, delete " operate enterprises that may include but not " and insert "only operate".

     On page 1 , line 7, delete " limited to " .

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1129 and returns the same with the recommendation that said bill be amended as follows:

1129oa
     On page 1, line 4 of the printed bill, delete " 47-15 " and insert "47-1A".

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1155 and returns the same with the recommendation that said bill be referred to the Committee on Health and Human Services.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1186 and SB 18 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 16, 17, and 20 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1088 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

 Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1142 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1161 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill be amended as follows:

1108ra
     On page 1, line 6 of the printed bill, remove the overstrikes from " with a 0.17 percent " .

     On page 1 , line 7, remove the overstrikes from " or more by weight of alcohol in the person's blood " .

1108rb
     On page 1, line 12 of the printed bill, delete " reviewed by " and insert " provided to ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1098 and returns the same with the recommendation that said bill be amended as follows:

1098ra
     On page 1, after line 14 of the printed bill, insert:

"
     Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


1098rta
     On page 1, line 1 of the printed bill, after " courts " insert "and to declare an emergency".

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

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1070 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

MOTIONS AND RESOLUTIONS


     HCR 1002:   A CONCURRENT RESOLUTION,   Expressing support for the South Dakota coordinated natural resources conservation plan.

     Rep. Vanneman moved that HCR 1002 as found on page 223 of the House Journal be adopted.

     The question being on Rep. Vanneman's motion that HCR 1002 be adopted.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Bradford; Cutler

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted.

     HCR 1003   Introduced by:  Representatives Lucas, Boomgarden, Bradford, DeVries, Gilson, Howie, Jerke, Juhnke, Moore, Nygaard, Pederson (Gordon), Putnam, and Vanneman and Senators Bartling, Garnos, Hunhoff, Katus, Kloucek, Lintz, Nesselhuf, and Two Bulls

         A CONCURRENT RESOLUTION,  To request the Department of Transportation to help promote and help direct travelers to the Oyate Trail.

     WHEREAS,  the Oyate Trail is a 388 mile route which begins at Interstate 29 near Vermillion and heads west along U.S. Highway 18 and State Highway 50 in southern South Dakota to Edgemont near the Wyoming border; and

     WHEREAS,  the Oyate Trail was established to develop and promote the cultural, artistic, scenic, and historic resources along these highways; and

     WHEREAS,  the Oyate Trail means a well-traveled road of nations and the trail offers off- the-interstate travelers unique cultural and historic experiences representing two civilizations: the Lakota Sioux Nation and European immigrants; and

     WHEREAS,  more than 150 miles of the Oyate Trail include state highway miles along or near the Missouri River bluffs and offer very scenic views; and

     WHEREAS,  the Oyate Trail includes such sites as the Shrine to Music Museum in Vermillion, the state's first capital in Yankton, a Czech arts festival in Tabor, cowboy poets in Martin, and art centers on the Pine Ridge and Rosebud Sioux Indian Reservations; and

     WHEREAS,  the Department of Transportation has the means to help notify travelers of the existence of the Oyate Trail and to help promote tourism in southern South Dakota with little cost to the state:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- second Legislature of the State of South Dakota, the Senate concurring therein, that the Department of Transportation is requested to help promote the Oyate Trail in its publications and its maps and with proper highway signs.

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

     Rep. Gillespie moved that HB 1016 be placed to precede HB 1019 on today's calendar.

     Which motion prevailed.

HONORED GUESTS


     Rep. Rounds introduced Larry, Micki, Jaclyn, and Jessica Kennison from Rapid City, South Dakota, as the 2007 Easter Seals family of the year.


CONSIDERATION OF REPORTS OF COMMITTEES


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

     Appropriations on HB 1018 as found on page 220 of the House Journal ; also

     Appropriations on HB 1075 as found on page 220 of the House Journal ; also

     Appropriations on HB 1005 as found on page 221 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1244   Introduced by:  The Committee on Appropriations at the request of the Office of the Governor

       FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2007 regarding the South Dakota opportunity scholarships.

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

     HB 1245   Introduced by:  The Committee on Appropriations at the request of the Office of the Governor

       FOR AN ACT ENTITLED, An Act to   make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state cost share for the Lewis and Clark Rural Water System, and to declare an emergency.

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

     HB 1246   Introduced by:  Representatives Olson (Ryan), Novstrup (Al), and Weems and Senators Olson (Ed) and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   appropriate money to pay for the development of certain vocational education courses that can be taken by high school students via distance learning.

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

     HB 1247   Introduced by:  Representatives Dennert, Burg, Hargens, and Moore and Senator Bartling

       FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to general education and to establish direction for the uses thereof.

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

     HB 1248   Introduced by:  Representatives Pitts, Buckingham, Elliott, Hargens, Lust, Turbiville, and Vehle and Senators Hansen (Tom), Albers, and Bartling

       FOR AN ACT ENTITLED, An Act to   provide information to owners of certain property that had a significant increase in the assessed valuation of the property.

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

     HB 1249   Introduced by:  Representatives Turbiville, Dreyer, Faehn, Gilson, Hills, Krebs, Olson (Ryan), Pitts, Street, and Van Etten and Senators Bartling, Hoerth, Maher, and McCracken

       FOR AN ACT ENTITLED, An Act to   establish the teen court grant program and to provide for its funding and purpose.

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

     HB 1250   Introduced by:  Representatives Dennert, Burg, Carson, Davis, Glenski, Hargens, Haverly, Miles, Moore, Putnam, Rausch, and Tidemann and Senators Hunhoff, Bartling, Dempster, Duenwald, Garnos, Hauge, Hoerth, Hundstad, Maher, Napoli, Smidt (Orville), and Sutton

       FOR AN ACT ENTITLED, An Act to   revise the process regarding cochlear implants.

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

     HB 1251   Introduced by:  Representatives Juhnke, Deadrick, and Faehn and Senators Garnos and Bartling

       FOR AN ACT ENTITLED, An Act to   exempt the gross receipts received from certain controlled groups from the contractor's excise tax.

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

     HB 1252   Introduced by:  Representatives Gillespie, Burg, Dykstra, Halverson, Hargens, Hunt, Juhnke, Peters, Street, Vanneman, and Willadsen and Senators Koetzle, Duenwald, Hansen (Tom), Hanson (Gary), McCracken, McNenny, Olson (Ed), and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   provide certain provisions concerning the indemnification of the directors of rural electric cooperatives.

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

     HB 1253   Introduced by:  Representatives Gillespie, Deadrick, Dykstra, Hargens, and Rhoden and Senators Albers, Gray, Heidepriem, and Knudson

       FOR AN ACT ENTITLED, An Act to   provide for the establishment of a task force to study the enforcement and collection of financial obligations resulting from criminal proceedings and to declare an emergency.

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

     HB 1254   Introduced by:  Representatives Gillespie, Cutler, Dykstra, and Rave and Senators Albers, Bartling, Gant, Jerstad, and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   establish the elements of the crime of masturbating or ejaculating in the presence of a child and to provide a penalty therefor.

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

     HB 1255   Introduced by:  Representatives Tidemann, Gillespie, Hargens, Peters, and Vehle and Senators Hunhoff, Dempster, Garnos, Katus, Koetzle, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   expand the duties of the juvenile corrections monitor.

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

     HB 1256   Introduced by:  Representatives Peters, Buckingham, DeVries, Hanks, Hargens, Haverly, Juhnke, Koistinen, Krebs, Lust, Nygaard, Olson (Betty), Olson (Russell), Rausch, Rounds, Turbiville, and Weems and Senators Gant, Abdallah, Garnos, Greenfield, Hundstad, Katus, Napoli, Nesselhuf, and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2007 regarding appropriations to the Office of School and Public Lands, and to declare an emergency.

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

     HB 1257   Introduced by:  Representatives Cutler, Deadrick, Elliott, Engels, Krebs, Lust, Peters, Rave, Steele, and Weems and Senators Knudson, Gant, Garnos, Heidepriem, and Lintz

       FOR AN ACT ENTITLED, An Act to   reduce the minimum number of board members of trust companies.

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

     HB 1258   Introduced by:  Representatives Buckingham, Dykstra, Lust, McLaughlin, Nygaard, Pederson (Gordon), Pitts, Rounds, Turbiville, and Van Norman and Senators Duenwald, Greenfield, Katus, McCracken, and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   appropriate money for the Black Hills Area Chapter of the American Red Cross.

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

     HB 1259   Introduced by:  Representatives DeVries and Howie and Senators Hansen (Tom), Garnos, and McNenny

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to complaints of encroachment by prairie dogs on private land.

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

     HB 1260   Introduced by:  Representatives Van Norman, Bradford, Lucas, and Thompson and Senators Hundstad, Hoerth, Jerstad, Katus, Kloucek, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the treatment of Indian tribes for purposes of unemployment insurance.

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

     HB 1261   Introduced by:  Representatives McLaughlin, Cutler, Dreyer, Elliott, Hills, Kirkeby, Lust, Steele, and Turbiville and Senators Hansen (Tom), Abdallah, Katus, McCracken, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   increase the index factor in the state aid to education formula and to establish criteria that a school district with a small high school must meet in order to receive state aid to education.


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

     HB 1262   Introduced by:  The Committee on State Affairs at the request of the Office of the Governor

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding property tax exemptions for certain power generation facilities.

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

     HB 1263   Introduced by:  Representatives Rhoden, Cutler, Deadrick, Dykstra, and Rave and Senators Knudson and Gray

       FOR AN ACT ENTITLED, An Act to   revise certain provisions contained in Senate Bill 209, the General Appropriations Act, for the fiscal year ending June 30, 2007, as previously enacted by the Eighty-first Session of the South Dakota Legislature.

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

     HB 1264   Introduced by:  Representatives Rhoden, Brunner, Dykstra, Kirkeby, Lust, McLaughlin, Pederson (Gordon), and Van Etten and Senators McNenny, Katus, Lintz, McCracken, Napoli, and Schmidt (Dennis)

       FOR AN ACT ENTITLED, An Act to   provide counties the authority to acquire, construct, maintain, and operate sewer utility systems.

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

     HB 1265   Introduced by:  Representatives Brunner, Hargens, Rave, and Wick and Senators Hansen (Tom), Greenfield, Koetzle, and Lintz

       FOR AN ACT ENTITLED, An Act to   revise certain provisions defining renewable energy and recycled energy.

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

     HB 1266   Introduced by:  Representatives Brunner, Buckingham, DeVries, Hackl, Heineman, Howie, Hunt, Novstrup (Al), and Novstrup (David) and Senators Napoli and Lintz

       FOR AN ACT ENTITLED, An Act to   allow a home school student to partially enroll in the student's resident school district or in another school district under certain circumstances.

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


     HB 1267   Introduced by:  Representatives Brunner, Bradford, Buckingham, DeVries, Hackl, Hargens, Howie, Hunt, Nelson, Noem, Olson (Betty), Steele, Turbiville, Van Norman, and Willadsen and Senators Greenfield, Apa, Duenwald, Jerstad, McNenny, Napoli, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   allow nurse midwives to practice as independent practitioners.

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

     HB 1268   Introduced by:  Representatives Heineman and Olson (Ryan) and Senators Olson (Ed), Gant, Gray, Heidepriem, Hoerth, Kloucek, Maher, Nesselhuf, and Turbak

       FOR AN ACT ENTITLED, An Act to   appropriate money for Teach for America.

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

     HB 1269   Introduced by:  Representatives Rausch, Hackl, Hunt, Koistinen, Novstrup (Al), and Wick and Senators Duenwald, Apa, Greenfield, Napoli, and Schmidt (Dennis)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to health care decisions by attorneys-in-fact or agents.

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

     HB 1270   Introduced by:  Representatives Rausch, Hackl, Hunt, Jerke, Koistinen, Moore, Novstrup (Al), and Wick and Senators Duenwald, Apa, Greenfield, Napoli, and Schmidt (Dennis)

       FOR AN ACT ENTITLED, An Act to   facilitate the transfer of certain patients to health care providers who are able and willing to provide treatment, artificial nutrition, and hydration under certain circumstances.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1086:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the release of a lien by undertaking.

     Was read the second time.

     The question being “Shall HB 1086 pass?”

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Bradford

     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 13:   FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     Was read the second time.

     The question being “Shall SB 13 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; 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; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Moore

     Excused:
Bradford

     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 1016:   FOR AN ACT ENTITLED, An Act to   exempt law enforcement and emergency vehicle accidents and convictions from certain driving records.

     Was read the second time.

     The question being “Shall HB 1016 pass as amended?”

     And the roll being called:

     Yeas 62, Nays 7, Excused 1, Absent 0

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

     Nays:
Brunner; Engels; Feinstein; Lucas; Nygaard; Thompson; Van Norman

     Excused:
Bradford

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Gillespie moved that the title to HB 1016 be amended as follows:

     On page 1, line 2 of the House Judiciary Committee engrossed bill, delete " and convictions " .

     Which motion prevailed and the title was so amended.

      HB 1019:   FOR AN ACT ENTITLED, An Act to   create and provide for the rodent control fund and to validate the Department of Agriculture's authority to sell rodent control products.

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

     Rep. Jerke moved that HB 1019 be deferred to Wednesday, January 31st, the 16th legislative day.

     Which motion prevailed.

     HB 1111:   FOR AN ACT ENTITLED, An Act to   permit local government officials and employees to use electronic payments and to permit the state and its political subdivisions to accept electronic payments.

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

1111fe

     Rep. Koistinen moved that HB 1111 be amended as follows:

     On page 1, line 11 of the House Local Government Committee engrossed bill, after " no " insert " local ".

     On page 1 , line 12, after " payment " insert " for goods or services, other than payroll, ".

     Which motion prevailed.

     The question being “Shall HB 1111 pass as amended?”

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Burg; Elliott; Hargens; Van Norman

     Excused:
Bradford; Putnam

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

     HB 1025:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the definition of predator/varmint and predator/varmint licenses.

     Was read the second time.

     The question being “Shall HB 1025 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Bradford; Putnam

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

     HB 1073:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding identification and recording for products containing pseudoephedrine or ephedrine.

     Was read the second time.

     Rep. Buckingham moved that HB 1073 be deferred to Wednesday, January 31st, the 16th legislative day.

     Which motion prevailed.

     HB 1136:   FOR AN ACT ENTITLED, An Act to   allow certain disabled bow hunters to use special equipment to operate the bow.

     Was read the second time.

     The question being “Shall HB 1136 pass?”

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Buckingham

     Excused:
Bradford; Putnam

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

     HB 1118:   FOR AN ACT ENTITLED, An Act to   permit counties to sell tax certificates.

     Was read the second time.

     The question being “Shall HB 1118 pass?”

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent 0

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


     Nays:
Boomgarden; Dykstra; Elliott; Engels; Glenski; Miles; Nygaard; Turbiville; Van Norman; Vehle; Wick; Speaker Deadrick

     Excused:
Bradford; Putnam

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

     HB 1121:   FOR AN ACT ENTITLED, An Act to   provide for the purchase, sale, or transfer of certain solid waste or recyclable materials by local government entities and to revise certain provisions related to the operation of solid waste and recycling facilities.

     Was read the second time.

     Rep. Hanks moved that HB 1121 be deferred to Tuesday, January 30th, the 15th legislative day.

     Which motion prevailed.

     HB 1127:   FOR AN ACT ENTITLED, An Act to   clarify the authority of county commissioners to set their annual salary.

     Was read the second time.

     The question being “Shall HB 1127 pass?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Bradford; Putnam

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

     HB 1056:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of counseling.

     Was read the second time.

     The question being “Shall HB 1056 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Bradford; Gillespie; Putnam

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

     HB 1017:   FOR AN ACT ENTITLED, An Act to   make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

     Was read the second time.

     The question being “Shall HB 1017 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Bradford; Gillespie; Putnam

     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 1027:   FOR AN ACT ENTITLED, An Act to   authorize the issuance of temporary snowmobile permits to residents and to increase the fee for such permits.

     Was read the second time.

     The question being “Shall HB 1027 pass?”

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent 0

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

     Nays:
Boomgarden; Hanks; Olson (Betty); Peters; Rounds

     Excused:
Bradford; Gillespie; Putnam

     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 1090:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the explanation of ballot issues and to provide for the procedure to challenge such explanations.

     Was read the second time.

     Rep. Cutler moved that HB 1090 be deferred to Tuesday, January 30th, the 15th legislative day.

     Which motion prevailed.

     HB 1091:   FOR AN ACT ENTITLED, An Act to   permit magistrate courts to administer adult probationary drug court programs under certain circumstances.

     Was read the second time.

     Rep. Cutler moved that HB 1091 be deferred to Tuesday, January 30th, the 15th legislative day.

     Which motion prevailed.

     HB 1093:   FOR AN ACT ENTITLED, An Act to   provide for the declaration and administration of certain judicial emergencies.

     Was read the second time.

     The question being “Shall HB 1093 pass?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Gillespie; Putnam

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

     HB 1097:   FOR AN ACT ENTITLED, An Act to   increase the filing fee for appeals from the decisions, orders, and resolutions of boards of supervisors of townships.

     Was read the second time.

     The question being “Shall HB 1097 pass?”

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; 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); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Elliott; Van Norman

     Excused:
Gillespie; Putnam

     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that SB 49, 66, 26, 27, 28, 29, 23, 24, 22, 58, 11, and 21 be deferred to Tuesday, January 30th, the 15th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1003, 1007, 1042, 1043, 1049, and 1055 were delivered to his Excellency, the Governor, for his approval at 11:05 a.m., January 29, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:26 p.m. the House adjourned.

Karen Gerdes, Chief Clerk