JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




FIFTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 30, 2007

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Dana Hauk.

     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 fourteenth 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 1163 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1164 and 1204 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1148 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1131 and returns the same with the recommendation that said bill be amended as follows:

1131ae
     On page 1 , line 11 of the printed bill, after " of the " insert " gallons of the annual ".

     On page 3 , line 1, after " one-half of " insert " the gallons of the annual ".

     On page 3, line 20, after " be " insert " transferred to the Department of Tourism and State Development to be ".

     On page 3 , line 21, delete " The Conservation Commission shall, by rules promulgated " .

     On page 3 , delete lines 22 and 23 .

     On page 4 , line 6, delete " The " .

     On page 4 , delete lines 7 to 9 , inclusive, and insert:

"      Section 5. There is hereby continuously appropriated from monies transferred to the Department of Tourism and State Development pursuant to section 3 of this Act the sum of seventy-five thousand dollars ($75,000), or so much thereof that may be necessary, for a grant to the South Dakota Value Added Development Center.

     Section 6. There is hereby continuously appropriated from monies transferred to the Department of Tourism and State Development pursuant to section 3 of this Act the sum of seventy-five thousand dollars ($75,000), or so much thereof that may be necessary, for a grant to the Northern Crops Institute.

     Section 7. The secretary of the Department of Tourism and State Development shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.".


1131af
     In the previously adopted amendment (1131ae) in section 5, line 1, delete "continuously".

     In the previously adopted amendment (1131ae) in section 6, line 1, delete "continuously".

1131ata
     On page 1, line 2 of the printed bill, after " refunds " insert "and to make an appropriation therefor".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1087 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1128, 1130, and 1156 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 HB 1143 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 Local Government respectfully reports that it has had under consideration HB 1157 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Alan Hanks, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 15, 60, 70, 76, 86, 89, 90, 94, and 103 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1004, 1009, 1012, 1015, 1029, 1030, 1044, 1045, 1046, 1057, 1059, 1094, 1095, and 1096 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1013 and 1081 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on SB 39 as found on page 232 of the House Journal ; also

     Commerce on HB 1114 as found on page 232 of the House Journal ; also

     Commerce on HB 1129 as found on page 233 of the House Journal ; also

     Judiciary on HB 1108 as found on page 234 of the House Journal ; also

     Judiciary on HB 1098 as found on pages 234 and 235 of the House Journal be adopted.


     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1271   Introduced by:  Representatives Krebs, Cutler, Deadrick, Elliott, Faehn, Gassman, Gilson, Halverson, Novstrup (Al), Olson (Russell), Turbiville, and Willadsen and Senators Knudson, Dempster, Duenwald, Garnos, Gray, Greenfield, Hansen (Tom), Hoerth, Jerstad, McCracken, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse counties for the cost of the 2008 presidential primary.

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

     HB 1272   Introduced by:  Representatives Krebs, Cutler, Deadrick, Elliott, Faehn, Gassman, Gilson, Halverson, Novstrup (Al), Olson (Russell), Street, Turbiville, and Willadsen and Senators Knudson, Abdallah, Dempster, Duenwald, Garnos, Gray, Hansen (Tom), Hoerth, Jerstad, McCracken, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   provide for an early presidential primary.

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

     HB 1273   Introduced by:  Representatives Wick, Haverly, Koistinen, Nelson, Steele, Van Etten, and Weems and Senators Gant, Greenfield, Hansen (Tom), Maher, and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   require that sixty-five percent of a school district's operating budget be expended for instructional purposes.

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

     HB 1274   Introduced by:  Representatives Wick, Glenski, Kirkeby, Koistinen, Miles, Steele, Van Etten, and Weems and Senators Gant and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the use of certain real property sales to value other real property.

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


     HB 1275   Introduced by:  Representatives Faehn, Dykstra, Halverson, Hanks, Hargens, Koistinen, Krebs, Noem, Novstrup (Al), Novstrup (David), Rhoden, Sigdestad, Street, Turbiville, and Weems and Senators Gray, Abdallah, Greenfield, and Hanson (Gary)

       FOR AN ACT ENTITLED, An Act to   establish a statute of limitations for real estate appraisers and their agents and employees for alleged malpractice, error, mistake, or omission.

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

     HB 1276   Introduced by:  Representatives Rave, Deadrick, Jerke, Juhnke, Putnam, and Rounds and Senators Hunhoff, Bartling, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   appropriate money to the Department of Education to fund a new cyber high school.

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

     HB 1277   Introduced by:  Representatives Olson (Ryan), Novstrup (Al), and Rounds and Senators Gray and Garnos

       FOR AN ACT ENTITLED, An Act to   allow temporary contractual agreements between certain school districts to exist for an additional year.

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

     HB 1278   Introduced by:  Representatives Van Etten, Boomgarden, Dreyer, Heineman, Miles, Nygaard, Olson (Betty), Rave, and Weems and Senators Hansen (Tom) and Dempster

       FOR AN ACT ENTITLED, An Act to   require emergency medial technicians to be trained in the administration of epinephrine.

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

     HB 1279   Introduced by:  Representatives Haverly, Burg, Rausch, and Tidemann and Senators Smidt (Orville), Apa, Greenfield, and Koetzle

       FOR AN ACT ENTITLED, An Act to   create a task force to study permanent funding options for the state technical institutes, to provide for its composition, to make an appropriation therefor, and to declare an emergency.

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


     HB 1280   Introduced by:  Representatives Hanks, Howie, Kirkeby, and McLaughlin and Senators Napoli and Schmidt (Dennis)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions permitting decisions of a planning commission to be overruled by other public bodies.

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

     HB 1281   Introduced by:  The Committee on Appropriations

       FOR AN ACT ENTITLED, An Act to   appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

     HB 1282   Introduced by:  Representatives Engels, Burg, Elliott, Feinstein, Glenski, Halverson, Hargens, Lucas, Miles, Nygaard, Sigdestad, Street, Thompson, and Van Norman and Senators Bartling, Hoerth, Jerstad, Katus, Kloucek, Koetzle, Peterson (Jim), Sutton, and Two Bulls

       FOR AN ACT ENTITLED, An Act to   provide medicaid coverage to certain families with children who have disabilities under the Family Opportunity Act.

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

     HB 1283   Introduced by:  Representatives Engels, Burg, Elliott, Feinstein, Halverson, Hargens, Lucas, Nygaard, Sigdestad, Street, Thompson, and Van Norman and Senators Bartling, Hoerth, Jerstad, Katus, Koetzle, Sutton, and Two Bulls

       FOR AN ACT ENTITLED, An Act to   appropriate money to fund the state option to purchase medicaid coverage for families with children who have disabilities under the Family Opportunity Act.

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

     HB 1284   Introduced by:  Representatives Wick, Burg, and Olson (Russell) and Senators Koetzle and Lintz

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the collection of 911 telephone surcharges from users and purchasers of prepaid wireless telephone services.

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



     HB 1285   Introduced by:  Representatives Faehn, Carson, Dykstra, Feinstein, Halverson, Hargens, Heineman, Kirkeby, Krebs, Lust, Nelson, Peters, Rounds, Steele, Vehle, and Willadsen and Senators Gant, Abdallah, Gray, McCracken, Olson (Ed), and Schmidt (Dennis)

       FOR AN ACT ENTITLED, An Act to   restrict unsolicited commercial electronic mail advertisements.

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

     HB 1286   Introduced by:  Representatives Vehle, Hills, Krebs, Lust, Moore, Thompson, Turbiville, and Van Etten and Senators Olson (Ed), Dempster, Duenwald, Garnos, Hansen (Tom), Hanson (Gary), Napoli, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   require that records of archaeological sites be maintained and to provide that certain records remain confidential.

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

     HB 1287   Introduced by:  Representatives Jerke, Olson (Betty), Putnam, and Wick and Senators Gant and Hansen (Tom)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the compilation and release of patient information to determine medical indigency.

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

     HB 1288   Introduced by:  Representatives Cutler, Dykstra, Feinstein, Krebs, Nygaard, Olson (Russell), Olson (Ryan), Peters, and Rave and Senators Gray, Abdallah, Dempster, Gant, Knudson, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   permit trustees to decant a trust under certain circumstances.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 15:   FOR AN ACT ENTITLED, An Act to   require certain immunizations for students attending postsecondary educational institutions.

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


     SB 60:   FOR AN ACT ENTITLED, An Act to   authorize the purchase of certain improved real property in Pierre and to make an appropriation therefor.

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

     SB 70:   FOR AN ACT ENTITLED, An Act to   revise certain fees, continuing education requirements, and examination requirements for massage therapists.

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

     SB 76:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding health care decisions by agents.

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

     SB 86:   FOR AN ACT ENTITLED, An Act to   require the Bureau of Finance and Management to designate pay periods for state payroll systems.

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

     SB 89:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Prudent Management of Institutional Funds Act.

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

     SB 90:   FOR AN ACT ENTITLED, An Act to   revise the composition of the Commission on Uniform Legislation.

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

     SB 94:   FOR AN ACT ENTITLED, An Act to   require a motor vehicle manufacturer to reimburse a consumer for excise tax and license and registration fees if a vehicle is replaced under lemon law provisions.

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

     SB 103:   FOR AN ACT ENTITLED, An Act to   provide for the appointment of members of the Brand Board by district.

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



    Speaker Deadrick now presiding.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1122:   FOR AN ACT ENTITLED, An Act to   revise and update the references to the building codes.

     Was read the second time.

     The question being “Shall HB 1122 pass?”

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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); 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

     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 16:   FOR AN ACT ENTITLED, An Act to   prohibit advertising chiropractic services without first obtaining a license.

     Was read the second time.

     The question being “Shall SB 16 pass?”

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, 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; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Gillespie

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

     SB 17:   FOR AN ACT ENTITLED, An Act to   require each applicant for licensure as a chiropractor in South Dakota or a licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

     Was read the second time.

     Rep. Engels requested that SB 17 be removed from the Consent Calendar.

     Which request was granted.

     SB 20:   FOR AN ACT ENTITLED, An Act to   require a bachelor's degree for persons applying for a chiropractic license.

     Was read the second time.

     The question being “Shall SB 20 pass?”

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0


     Yeas:
Ahlers; Boomgarden; Bradford; 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; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Buckingham

     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 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.

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

1121fb

     Rep. Koistinen moved that HB 1121 be amended as follows:

     On page 2, line 7 of the printed bill, after " . " insert "If the private sector provides a market for scrap metals in the local area, no scrap metals may be purchased pursuant to this chapter.".

     Which motion lost.

     The question being “Shall HB 1121 pass?”

     And the roll being called:

     Yeas 62, Nays 8, Excused 0, Absent 0


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

     Nays:
Bradford; Buckingham; DeVries; Faehn; Koistinen; Olson (Betty); Van Norman; 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.

     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.

     The question being “Shall HB 1090 pass?”

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; 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; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Elliott; Van Norman

     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 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.



     The question being “Shall HB 1091 pass?”

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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); 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

     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 1018:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the control and suppression of pine beetles in Custer State Park.

     Was read the second time.

     The question being “Shall HB 1018 pass as amended?”

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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); 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

     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 1075:   FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1075 pass as amended?”

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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); 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

     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 1186:   FOR AN ACT ENTITLED, An Act to   revise the composition of the Commission on Health Care.

     Was read the second time.

     The question being “Shall HB 1186 pass?”

     And the roll being called:

     Yeas 56, Nays 14, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn; Gilson; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; 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:
Ahlers; Bradford; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Hargens; Moore; Nygaard; Thompson; Van Norman


     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 1161:   FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of first degree robbery.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1161 pass?”

     And the roll being called:

     Yeas 40, Nays 30, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Burg; Carson; Cutler; Davis; Dreyer; Dykstra; Faehn; Gilson; Hanks; Haverly; Heineman; Hills; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Noem; Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rounds; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Willadsen

     Nays:
Ahlers; Buckingham; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Howie; Hunt; Lucas; Miles; Moore; Nelson; Novstrup (Al); Nygaard; Olson (Betty); Rhoden; Sigdestad; Steele; Street; Thompson; Van Norman; Wick; Speaker Deadrick

     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


     SB 49:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the Board of Counselor Examiners' authority to promulgate rules regarding marriage and family therapy.

     Was read the second time.


     Rep. Rounds moved that SB 49 be deferred to Wednesday, January 31st, the 16th legislative day.

     Which motion prevailed.

     SB 66:   FOR AN ACT ENTITLED, An Act to   include additional professions and occupations within the child support collection process.

     Was read the second time.

     The question being “Shall SB 66 pass?”

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, 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; 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:
Hargens; Moore

     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 26:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the Advanced Reading Enhancement Program.

     Was read the second time.

     The question being “Shall SB 26 pass?”

     And the roll being called:

     Yeas 63, Nays 7, Excused 0, Absent 0


     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; 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; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Dennert; Elliott; Gillespie; Hargens; Moore; Street; Van Norman

     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 27:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the Office of Educational Technology.

     Was read the second time.

     The question being “Shall SB 27 pass?”

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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); 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

     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 28:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the mileage allowance for transportation of children in need of special education or services.

     Was read the second time.

     The question being “Shall SB 28 pass?”


     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; 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 (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:
DeVries; Olson (Betty)

     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 29:   FOR AN ACT ENTITLED, An Act to   repeal the requirement to report the names of students who are deaf, blind, or visually impaired.

     Was read the second time.

     The question being “Shall SB 29 pass?”

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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); 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

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



     Rep. Rhoden moved that SB 23, 24, 22, 58, 11, 21, 35, 38, and 18 be deferred to Wednesday, January 31st, the 16th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1219 and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1004, 1009, 1012, 1015, 1029, 1030, 1044, 1045, 1046, 1057, 1059, 1094, 1095, and 1096 and finds the same correctly enrolled.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1004: FOR AN ACT ENTITLED, An Act to  revise the penalty for misuse of any aircraft or vehicle owned or leased by the state.

     HB 1009: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the registration of cancelled livestock character brands.

     HB 1012: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the appropriation of money for the veterans' bonus program.

     HB 1015: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the required identification of authorized emergency vehicles.



     HB 1029: FOR AN ACT ENTITLED, An Act to  place certain drugs on the controlled substances schedule and to declare an emergency.

     HB 1030: FOR AN ACT ENTITLED, An Act to  revise the membership of the State Board of Podiatry Examiners, the State Board of Pharmacy, and the State Board of Funeral Service.

     HB 1044: FOR AN ACT ENTITLED, An Act to  provide reciprocity for sales, use, or gross receipts tax paid on farm equipment purchased in another state or political subdivision.

     HB 1045: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the times for filing returns and remitting taxes.

     HB 1046: FOR AN ACT ENTITLED, An Act to  repeal the limitation period for filing certain tax refunds.

     HB 1057: FOR AN ACT ENTITLED, An Act to  require certain information in a judgment of conviction for persons sentenced to the state penitentiary.

     HB 1059: FOR AN ACT ENTITLED, An Act to  provide for the sharing of certain child protection records.

     HB 1094: FOR AN ACT ENTITLED, An Act to  specify the admonishment of jurors during court adjournments.

     HB 1095: FOR AN ACT ENTITLED, An Act to  provide for and revise the wording of certain judicial oaths.

     HB 1096: FOR AN ACT ENTITLED, An Act to  clarify certain provisions concerning the place where certain trials shall take place.

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

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:03 p.m. the House adjourned.

Karen Gerdes, Chief Clerk