House of Representatives Journal 2/10/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 10, 2010

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

The prayer was offered by the Chaplain, Pastor Jenny Hallenbeck, followed by the Pledge of Allegiance led by House pages Kirby Krogman and Ashely Taylor.

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 seventeenth 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,

Timothy A. Rave, Chair

Which motion prevailed.

Rep. Vanneman introduced Peggy Glover, a member of the Burke School District Board of Education, the Associated School Boards of South Dakota Outstanding School Board Member for 2009.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1129, 1152, and 1160 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

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

On page 1, line 10, of the printed bill, delete "twenty-five" and insert "thirty-five".

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 1119 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, delete "as a teacher or coach".

On page 1, line 7, after "any" insert "sixteen or seventeen year old".

On page 1, line 8, delete "high school or secondary school" and insert "school district".

On page 1, line 11, delete "as a teacher or coach".

On page 1, line 12, after "any" insert "sixteen or seventeen year old".

On page 1, line 13, delete "high school or secondary school" and insert "school district".

On page 1, delete line 14.

On page 2, delete lines 1 to 3, inclusive.

On the previously adopted amendment (1119ra), after "school district" wherever it appears, insert "or any private school system".

On page 1, line 2, of the printed bill, delete "high".

And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1093 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 8 to 24, inclusive, and insert "~~1-25.~~ The official meetings of the state, its political subdivisions, and public bodies are open to the public unless a specific law is cited by the state, the political subdivision, or the public body to close the official meeting to the public. A political subdivision or public body includes any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other agency of the state vested with the authority to exercise any portion of the state's sovereignty. A political subdivision or public body may be created by statute, is nontaxpaying, or derives a source of revenue from public funds.

It is not an official meeting of one political subdivision or public body if its members provide information or attend the official meeting of another political subdivision or public body for which the notice requirements of § 1-25-1.1 have been met.

Any official meeting may be conducted by teleconference as defined in § 1-25-1.2. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to § 1-26-4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference shall be taken by roll call.

When the state, a political subdivision, or a public body conducts an official meeting by teleconference, the state, the political subdivision, or public body shall provide one or more places at which the public may listen to and participate in the teleconference meeting. The requirement to provide one or more places".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1144, 1184, and 1245 and HJR 1001 and returns the same with the recommendation that said bills and resolution be referred to the Committee on Health and Human Services.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1107, 1134, 1169, and 1221 and returns the same with the recommendation that said bills be referred to the Committee on Local Government.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1178 and returns the same with the recommendation that said bill be referred to the Committee on Transportation.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1225 and HJR 1003 and returns the same with the recommendation that said bill and resolution be referred to the Committee on Appropriations.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1199, 1200, and 1233 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1158 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1180 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 7 to 9, inclusive, and insert "Any county".

On page 2, line 1, after "." insert "The license shall be issued without regard to the population limitations established pursuant to §§ 35-4-11 and 35-4-11.1.".

On page 1, line 2, of the printed bill, delete "municipalities and".

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 1165 and returns the same with the recommendation that said bill be referred to the Committee on Local Government.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1155 which was tabled.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1173 and 1217 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1021 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 14, 45, 54, 57, 60, 62, 83, 85, 92, 100, 114, 121, 122, 139, and 157 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1008: A CONCURRENT RESOLUTION, Urging Congress to oppose current energy and climate legislation under consideration in the United States Senate.

Rep. Rausch moved that HCR 1008 as found on pages 324 and 325 of the House Journal be adopted.

Rep. Feinstein moved that HCR 1008 be amended as follows:

On page 1, line 6, of the printed resolution, delete "would" and insert "may".

On page 1, line 8, delete "would" and insert "may".

On page 1, line 11, delete "would" and insert "may".

On page 2, line 1, delete "would" and insert "may".

On page 2, line 2, delete "would create an artificial market, which would" and insert "may create an artificial market, which may".

On page 2, line 5, delete "would" and insert "may".

On page 2, line 8, delete "would" and insert "may".

Which motion lost.

The question being on Rep. Rausch's motion that HCR 1008 be adopted.

And the roll being called:

Yeas 48, Nays 21, Excused 1, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde; Wismer

Excused:
Killer

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1008 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1183 as found on pages 320 to 322 of the House Journal; also

Local Government on HB 1239 as found on page 323 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 14: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

SB 45: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system in Codington County.

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

SB 54: FOR AN ACT ENTITLED, An Act to revise certain procedures for the commencement of civil actions by inmates.

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

SB 57: FOR AN ACT ENTITLED, An Act to revise the time frames for issuing a decision in certain electric service area disputes and adequacy of service complaints.

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

SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the siting of energy facilities by the Public Utilities Commission.

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

SB 62: FOR AN ACT ENTITLED, An Act to revise the notice requirements for closure of a highway and to provide a civil penalty for failure to comply with a closure.

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

SB 83: FOR AN ACT ENTITLED, An Act to provide for the self-administration of prescription asthma and anaphylaxis medication by students.

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

SB 85: FOR AN ACT ENTITLED, An Act to revise the continuing education requirements for certain veterinarians.

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

SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the reimbursement of referring counties for certain mental health services.

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

SB 100: FOR AN ACT ENTITLED, An Act to continue the motorcycle safety education fee.

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

SB 114: FOR AN ACT ENTITLED, An Act to authorize municipalities to include flexible spending accounts, flexible spending account debit cards, and related programs and procedures with employee health insurance benefits.

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

SB 121: FOR AN ACT ENTITLED, An Act to require the Department of Education to establish certain programs for children who are deaf and hard-of-hearing.

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

SB 122: FOR AN ACT ENTITLED, An Act to repeal certain procedures required when actual state revenues fall below legislatively adopted estimates.

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

SB 139: FOR AN ACT ENTITLED, An Act to revise the membership of the State Building Committee created during the planning stages of certain state facilities.

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

SB 157: FOR AN ACT ENTITLED, An Act to authorize the construction of nursing facilities on American Indian reservations 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 1214: FOR AN ACT ENTITLED, An Act to allow for the acquisition of the fee ownership of highway right-of way land for certain local governments.

Was read the second time.

The question being "Shall HB 1214 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Killer

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

Rep. Faehn moved that HB 1050 be placed to follow HB 1042 and HB 1060 be placed to precede HB 1190 on today's calendar.

Which motion prevailed.

HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the refunds for new or expanded agricultural facilities and the refunds for new or expanded business facilities and to declare an emergency.

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

The question now being on Rep. Tidemann's pending motion to amend HB 1060 as found on page 246 of the House Journal.

Rep. Faehn moved the previous question.

Which motion prevailed.

Rep. Tidemann's motion prevailed.

The question being "Shall HB 1060 pass as amended?"

And the roll being called:

Yeas 48, Nays 19, Excused 3, Absent 0

Yeas:
Bolin; Boomgarden; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Faehn; Feickert; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Speaker Rave

Nays:
Blake; Burg; Elliott; Engels; Fargen; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Lange; Lederman; Lucas; Russell; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde; Wismer

Excused:
Brunner; Killer; Wink

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. Tidemann moved that the title to HB 1060 be amended as follows:

On page 1, line 3, of the printed bill, delete everything before "." .

Which motion prevailed and the title was so amended.

HB 1190: FOR AN ACT ENTITLED, An Act to revise the high school course requirements and the requirements necessary to maintain eligibility for the South Dakota opportunity scholarship program.

Was read the second time.

The question being "Shall HB 1190 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Engels; Peters; Wismer

Excused:
Killer

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 Pro tempore Rausch now presiding.

HB 1097: FOR AN ACT ENTITLED, An Act to prohibit local exchange carriers from assessing certain access stimulation charges and to establish certain penalties.

Was read the second time.

Rep. Peters moved that HB 1097 be amended as follows:

On page 2, line 5, of the House State Affairs Committee engrossed bill, delete "treasury" and insert "general fund".

Which motion prevailed.

Speaker Rave now presiding.

Rep. Tidemann moved the previous question.

Which motion prevailed.

The question being "Shall HB 1097 pass as amended?"

And the roll being called:

Yeas 31, Nays 37, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Conzet; Curd; Cutler; Engels; Faehn; Feinstein; Hoffman; Hunhoff (Bernie); Hunt; Kirschman; Krebs; Lange; Lucas; Lust; McLaughlin; Nygaard; Olson (Betty); Peters; Putnam; Schlekeway; Schrempp; Steele; Thompson; Tidemann; Van Gerpen; Vanderlinde; Wink; Wismer

Nays:
Brunner; Burg; Carson; Cronin; Deadrick; Dennert; Elliott; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kopp; Lederman; Moser; Noem; Novstrup (David); Pitts; Rausch; Romkema; Rounds; Russell; Sly; Solberg; Solum; Sorenson; Street; Turbiville; Vanneman; Verchio; Speaker Rave

Excused:
Killer; Olson (Ryan)

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

HB 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the hiring by school districts of persons convicted of felony drug distribution.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1117 pass as amended?"

And the roll being called:

Yeas 59, Nays 10, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Conzet; Cronin; Curd; Cutler; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Carson; Deadrick; Greenfield; Kopp; Olson (Betty); Rounds; Russell; Sorenson; Van Gerpen; Verchio

Excused:
Killer

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 1051: FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.

Was read the second time.

The question being "Shall HB 1051 pass?"

And the roll being called:

Yeas 61, Nays 7, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert; Engels; Faehn; Fargen; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Blake; Elliott; Feickert; Lucas; Schrempp; Solberg; Van Gerpen

Excused:
Cutler; Killer

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 Pro tempore Rausch now presiding.

HB 1122: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Was read the second time.

The question being "Shall HB 1122 pass?"

And the roll being called:

Yeas 41, Nays 25, Excused 4, Absent 0

Yeas:
Boomgarden; Brunner; Burg; Carson; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Greenfield; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Nygaard; Olson (Ryan); Pitts; Putnam; Schlekeway; Schrempp; Solberg; Sorenson; Street; Thompson; Tidemann; Vanderlinde; Vanneman; Wismer; Speaker Rave

Nays:
Blake; Bolin; Conzet; Cronin; Feinstein; Gosch; Hamiel; Hunhoff (Bernie); Kirkeby; Lederman; Moser; Novstrup (David); Olson (Betty); Peters; Rausch; Romkema; Rounds; Russell; Sly; Solum; Steele; Turbiville; Van Gerpen; Verchio; Wink

Excused:
Curd; Cutler; Killer; Noem

So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost.

Rep. Peters announced her intention to reconsider the vote by which HB 1122 lost.

Speaker Rave now presiding.

HB 1176: FOR AN ACT ENTITLED, An Act to authorize certain licensed hunters who are quadriplegic to hunt using a designated hunter.

Was read the second time.

The question being "Shall HB 1176 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Cutler; Killer; Noem

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 1033: FOR AN ACT ENTITLED, An Act to permit and regulate the blending of natural gasoline and ethyl alcohol and to provide for an ethanol broker license.

Was read the second time.

The question being "Shall HB 1033 pass?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Rounds; Verchio

Excused:
Curd; Cutler; Killer

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 1125: FOR AN ACT ENTITLED, An Act to revise certain documentation requirements related to driver licensing.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1125 pass?"

And the roll being called:

Yeas 16, Nays 51, Excused 3, Absent 0

Yeas:
Burg; Deadrick; Fargen; Frerichs; Greenfield; Hunhoff (Bernie); Iron Cloud III; Juhnke; Kirkeby; Kirschman; Kopp; Lucas; Nygaard; Olson (Betty); Pitts; Russell

Nays:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dennert; Elliott; Engels; Faehn; Feickert; Feinstein; Gibson; Gosch; Hamiel; Hoffman; Hunt; Jensen; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Cutler; Killer

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

HB 1102: FOR AN ACT ENTITLED, An Act to repeal certain provisions establishing the Wall Lake State Game Bird Refuge in Hand County.

Was read the second time.

Rep. Faehn moved that the balance of the calendar including HB 1102, 1127, 1171, 1241, 1042, and 1050 and SB 23, 13, and 24 be deferred to Thursday, February 11^th, the 19^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1013 and 1024 were delivered to his Excellency, the Governor, for his approval at 10:10 a.m., February 10, 2010.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1021 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1021: FOR AN ACT ENTITLED, An Act to authorize the deposit of federal special education funds into the capital outlay fund for the purchase of equipment for the purpose of special education and to declare an emergency.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:59 p.m. the House adjourned.

Karen Gerdes, Chief Clerk