JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



TWENTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 6, 2007

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

     The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by House page Tyler Brandriet.

     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 nineteenth day.

    In the House Journal of the seventeenth day the following correction should be made:

    On page 314, delete lines 18 and 19.

    HB1103 was inadvertently not signed on that day.

     All additional 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 SB 94 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 1297 and tabled the same.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1135 which was deferred to the 41st Legislative Day.

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 1177 and returns the same with the recommendation that said bill be amended as follows:

1177tb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

     The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish a program for the issuance of landowner-sponsored big game hunting licenses to persons designated by the owners or lessees of land located in South Dakota. Under the program any resident landowner or lessee who owns or leases at least six hundred forty acres of agricultural, grazing, or timber land in South Dakota may sponsor a resident or nonresident applicant for one landowner-sponsored big game hunting license in addition to any big game license to which the landowner or lessee would otherwise be entitled. Each landowner- sponsored applicant shall be issued a landowner-sponsored license at the same cost as a corresponding landowner license. The landowner-sponsored license may only be used on the landowner's or lessee's property.

     Section 2. Section 1 of this Act is repealed on July 1, 2010."

1177tta
     On page 1, line 1 of the printed bill, delete " transferable landowner " and insert "landowner- sponsored".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1199 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1217, 1240, and 1280 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 1226 and returns the same with the recommendation that said bill be amended as follows:

1226ta
     On page 2, line 22 of the printed bill, before " qualified " insert " all ".

     On page 2 , delete lines 23 and 24 , and insert " the district are eligible to vote. If However, if special assessments are proposed, only those qualified voters of the district who are also landowners subject to such the proposed assessments may vote.".

     On page 3 , line 1, delete everything before " If " .

     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 1224 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Alan Hanks, Chair
Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1255 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1041 and returns the same with the recommendation that said bill be amended as follows:

1041ma
     On page 3 of the printed bill, delete line 11 .

     On page 3 , line 12, delete " (5) " and insert " (4) ".

     On page 3 , line 13, delete " (6) " and insert " (5) ".

     On page 3 , line 14, delete " (7) " and insert " (6) ".

     On page 3 , line 15, delete " (8) " and insert " (7) ".

     On page 3 , line 18, delete " (9) " and insert " (8) ".

     On page 3 , line 19, delete " (10) " and insert " (9) ".

     On page 3 , line 20, delete " (11) " and insert " (10) ".

     On page 3 , line 21, delete " (12) " and insert " (11) ".

     On page 3 , line 22, delete " (13) " and insert " (12) ".

     On page 3 , line 23, delete " (14) " and insert " (13) ".

     On page 3 , line 24, delete " (15) " and insert " (14) ".

     On page 4 , line 1, delete " (16) " and insert " (15) ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1208 and tabled the same.

Respectfully submitted,
Deb Peters, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1151 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1214 and 1228 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Joel D. Dykstra, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 42, 47, 48, 52, 95, 101, 109, 127, 128, 147, 165, 184, 185, and 186 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 5 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     SCR 5:   A CONCURRENT RESOLUTION,   Urging the Congress of the United States to reauthorize the State Children's Health Insurance Program at the federal level and to increase funding levels or modified state eligibility levels for qualified children.

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

HONORED GUESTS


     The Speaker introduced the 2006 National American University volleyball team which won the 2006 NAIA Volleyball National Title. Coach Todd Lowery was recognized as Coach of the Year by the NAIA.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HB 1160 as found on pages 328 and 329 of the House Journal ; also

     State Affairs on HB 1139 as found on pages 329 and 330 of the House Journal ; also

     State Affairs on HB 1286 as found on page 330 of the House Journal ; also

     Judiciary on HB 1005 as found on page 331 of the House Journal ; also

     Judiciary on HB 1253 as found on page 331 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 42:   FOR AN ACT ENTITLED, An Act to   revise the discount provided to tobacco distributors purchasing tobacco stamps and to revise and repeal certain provisions regarding the cigarette tax.

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

     SB 47:   FOR AN ACT ENTITLED, An Act to   prevent illegal multiple employer welfare arrangements and other illegal health insurers.


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

     SB 48:   FOR AN ACT ENTITLED, An Act to   adopt consumer protection standards for property casualty insurance claims.

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

     SB 52:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the purchase of certain property in Brookings County from the Department of Transportation and to declare an emergency.

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

     SB 95:   FOR AN ACT ENTITLED, An Act to   establish a State Board of Technical Institutes, to provide for its powers, duties, and responsibilities, and to provide for the transfer of authority over public postsecondary technical education from the Department of Education to the State Board of Technical Institutes.

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

     SB 101:   FOR AN ACT ENTITLED, An Act to   establish a governance policy for school boards.

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

     SB 109:   FOR AN ACT ENTITLED, An Act to   exempt from motor vehicle license fees certain motor vehicles used to transport children to and from certain head start programs.

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

     SB 127:   FOR AN ACT ENTITLED, An Act to   require the disclosure of known contamination of waterways on property condition disclosure statements.

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

     SB 128:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the Soybean Research and Promotion Council.

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

     SB 147:   FOR AN ACT ENTITLED, An Act to   revise the definition of wages for unemployment insurance.

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

     SB 165:   FOR AN ACT ENTITLED, An Act to   repeal and reestablish provisions to regulate mortgage lenders and brokers.

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

     SB 184:   FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, or the dental tuition reimbursement program.

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

     SB 185:   FOR AN ACT ENTITLED, An Act to   make an appropriation to fund tax refunds for elderly and disabled persons for property tax and sales tax refunds.

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

     SB 186:   FOR AN ACT ENTITLED, An Act to   revise the definition of long-term care insurance.

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

    Speaker pro tempore Rave now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1064:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to accept additional donations for the improvements to O'Harra Stadium at the South Dakota School of Mines and Technology and to declare an emergency.

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

     The question being “Shall HB 1064 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; 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); 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:
Nygaard

     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 1100:   FOR AN ACT ENTITLED, An Act to   authorize the Legislative Research Council to remodel, renovate, and furnish certain facilities on the fourth floor of the State Capitol Building for use by the Legislature, and to make an appropriation therefor.

     Was read the second time.

     The question being “Shall HB 1100 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; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; 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:
Lucas; Olson (Betty)

     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 1069:   FOR AN ACT ENTITLED, An Act to   increase liquidated court costs and to make a continuing appropriation to the law enforcement officers training fund.

     Was read the second time.

     The question being “Shall HB 1069 pass?”

     And the roll being called:

     Yeas 52, Nays 18, Excused 0, Absent 0

     Yeas:
Ahlers; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Halverson; Hanks; Hargens; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Peters; Pitts; Rave; Rhoden; Rounds; Steele; Street; Thompson; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; Bradford; Burg; Dennert; Elliott; Hackl; Haverly; Kirkeby; Moore; Nelson; Olson (Betty); Olson (Ryan); Pederson (Gordon); Putnam; Rausch; Sigdestad; Tidemann; Van Norman

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

     The question being on the title.

     Rep. Peters moved that the title to HB 1069 be amended as follows:

     On page 1, line 1 of the printed bill, delete everything after " and " and insert "revise how they are allocated.".

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     HB 1152:   FOR AN ACT ENTITLED, An Act to   revise the procedures for due process regarding the central registry for abuse and neglect.

     Was read the second time.

     The question being “Shall HB 1152 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 1153:   FOR AN ACT ENTITLED, An Act to   revise certain references regarding the reunification of an abused or neglected child with a parent and regarding grounds for termination of parental rights and regarding the operation of the central registry for abuse and neglect.

     Was read the second time.

     The question being “Shall HB 1153 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.

    Speaker Deadrick now presiding.

     HB 1278:   FOR AN ACT ENTITLED, An Act to   require emergency medical technicians to be trained in the administration of epinephrine.

     Was read the second time.

     Rep. Van Etten moved that HB 1278 be deferred to Friday, February 9th, the 23rd legislative day.

     Which motion prevailed.

     HB 1065:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct multi-use storage facilities at South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     Rep. Putnam moved that HB 1065 be placed to follow HB 1172 on today's calendar.

     Which motion prevailed.

     HB 1158:   FOR AN ACT ENTITLED, An Act to   provide immunity for school districts in facilitating computer usage.

     Was read the second time.

     The question being “Shall HB 1158 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 majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.


      HB 1249:   FOR AN ACT ENTITLED, An Act to   establish the teen court grant program and to provide for its funding and purpose.

     Was read the second time.

     Rep. Turbiville moved that HB 1249 be referred to the Committee on Appropriations.

     Which motion prevailed.

     HB 1172:   FOR AN ACT ENTITLED, An Act to   clarify certain limits placed on persons lending money.

     Was read the second time.

     The question being “Shall HB 1172 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 majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1065:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct multi-use storage facilities at South Dakota State University and to make an appropriation therefor.

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

1065mb

     Rep. Putnam moved that HB 1065 be amended as follows:

     On page 1 of the House Appropriations Committee engrossed bill, delete lines 13 to 15 , inclusive.

     Which motion prevailed.

     The question being “Shall HB 1065 pass as amended?”

     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 two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1241:   FOR AN ACT ENTITLED, An Act to   allow the Board of Regents to sell certain used computers through university bookstores and to declare an emergency.

     Was read the second time.

     Rep. Russell Olson moved that HB 1241 be deferred to Wednesday, February 7th, the 21st legislative day.

     Which motion prevailed.

     HB 1175:   FOR AN ACT ENTITLED, An Act to   provide for the substances used in the execution of a sentence of death and to allow the choice of the substances used in an execution under certain circumstances.

     Was read the second time.

1175oa

     Rep. Elliott moved that HB 1175 be amended as follows:

     On page 1, line 6 of the printed bill, after " be " insert " humanely ".

     On page 1 , line 8, after " be " insert " humanely ".

    A roll call vote was requested and supported.

     The question being on Rep. Elliott's motion that HB 1175 be amended.

     And the roll being called:

     Yeas 20, Nays 50, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Elliott; Engels; Feinstein; Gassman; Glenski; Halverson; Lucas; Miles; Moore; Nelson; Nygaard; Sigdestad; Street; Thompson; Van Norman; Vehle; Wick

     Nays:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Faehn; Gillespie; Gilson; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Weems; Willadsen; Speaker Deadrick

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

     Rep. Hargens moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1175 pass?”

     And the roll being called:


     Yeas 51, Nays 19, Excused 0, Absent 0

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

     Nays:
Ahlers; Bradford; Burg; Elliott; Engels; Feinstein; Gassman; Glenski; Halverson; Lucas; Miles; Moore; Nelson; Nygaard; Rausch; Sigdestad; Thompson; 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 1140:   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 second time.

     Rep. Rhoden moved that HB 1140 be deferred to Wednesday, February 7th, the 21st legislative day.

     Which motion prevailed.

     HB 1272:   FOR AN ACT ENTITLED, An Act to   provide for an early presidential primary.

     Was read the second time.

     Rep. Krebs moved that HB 1272 be deferred to Wednesday, February 7th, the 21st legislative day.

     Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 72:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the liens on vehicles for the costs of removal and storage of the vehicles.


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

     The question being “Shall SB 72 pass?”

     And the roll being called:

     Yeas 65, Nays 5, Excused 0, Absent 0

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

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

     SB 23:   FOR AN ACT ENTITLED, An Act to   revise certain exceptions from the definition of unsolicited telephone calls.

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

     The question being “Shall SB 23 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 11:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the licensing of commercial drivers.

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

     The question being “Shall SB 11 pass as amended?”

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; 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; 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:
Bradford; DeVries; 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 21:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for the siting of energy facilities.

     Was read the second time.

     The question being “Shall SB 21 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 35:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the licensing and regulation of technical professionals.

     Was read the second time.

     Rep. Rhoden moved that SB 35, 38, 18, 17, 49, 39, 7, and 15 be deferred to Wednesday, February 7th, the 21st 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  1236 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 Education respectfully reports that it has had under consideration HB  1205 and 1246 and returns the same with the recommendation that said bills be referred to the Committee on Appropriations.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1279 and returns the same with the recommendation that said bill be amended as follows:

1279fa
     On page 1, line 6 of the printed bill, delete " twenty-five " and insert "twenty".

     On page 1 , line 13, after " employers " insert "or members of the general public".

     On page 1 , line 14, after " ; " insert "and".

     On page 1 , line 15, delete everything after " (4) " .

     On page 2 , delete lines 1 to 4 , inclusive.

     On page 2 , line 5, delete " (6) " .

     And that as so amended said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Phyllis M. Heineman, Chair

ANNOUNCEMENTS

    The Speaker appointed as a subcommittee of the House Appropriations Committee, Reps. Putnam, Peters, Tidemann, Rausch, Burg, Dennert, and Rave. Rep. Putnam is to serve as chair of the committee. The members are to study informational fund balances and will serve through the 39th legislative day of the Eighty-second session.

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1103: FOR AN ACT ENTITLED, An Act to  revise certain requirements of vehicle and boat dealers to post damage disclosure statement notices.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:29 p.m. the House adjourned.

Karen Gerdes, Chief Clerk