House of Representatives Journal 2/7/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 7, 2011

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

The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House pages Tara Andreson and Janesa Bakeberg.

Roll Call: All members present except Reps. Deelstra and Elliott who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the sixteenth 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,

Val Rausch, Chair

Which motion prevailed.

The oath of office was administered by Speaker Rausch to the following named pages:

Tara Andresen, Nathan Audiss, Janesa Bakeberg, Kortney Brunner, Anna Cronin, Dana Dedeck, Hanna Gacke, Kallista Heath, Douglas Kronaizl, Rachel Nelson, Chad Peterson, Alexis Shoup, Michael Stier, Katelyn Stoltenburg, Courtney Storm, Tina Vaughn, Katie Wegleitner.

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1153 and returns the same with the recommendation that said bill be amended as follows:

1153ca

On page 1 of the printed bill, delete lines 7 to 12, inclusive, and insert:

" The Board of Education may not adopt any standards for the subject of history that the Common Core State Standards Initiative, a state-led effort launched by state leaders through their membership in the National Governors Association Center for Best Practices and the Council of Chief State School Officers, may propose.".

1153cb

On line 3 of the previously adopted amendment, 1153ca, before "Council", delete "the".

1153cta

On page 1, line 1, of the printed bill, delete everything after "An Act to" .

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1175 and returns the same with the recommendation that said bill be amended as follows:

1175ca

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

" Section 1. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

There is hereby established the jump start scholarship program to be administered by the Board of Regents. The purpose of the program is to allow a student who graduates from a public high school in three years or less to receive a scholarship funded with a portion of the money saved by the state in state aid to education funding pursuant to chapter 13-13 as a result of the student's early graduation if the student enrolls at any college, university, or technical school accredited by the North Central Association of Colleges and Schools that provides instruction from a campus located in South Dakota.

Section 2. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

To be eligible for the jump start scholarship program, a student shall:

(1) Be a resident of South Dakota;

(2) Complete the requirements of the recommended high school program as established by the Board of Education pursuant to § 13-1-12.1, and be awarded a high school diploma by a public high school by the end of grade eleven, including any summer school courses completed before the end of that school fiscal year;

(3) Have attended a public high school in South Dakota on a full-time basis for at least two semesters prior to graduating;

(4) Apply to the Board of Regents for a jump start scholarship in the manner specified by the board; and

(5) Within one year of graduating from high school, excluding any time served on active duty in the armed forces of the United States, enroll in a college, university, or technical school accredited by the North Central Association of Colleges and Schools that provides instruction from a campus located in South Dakota.

No student who enrolls in a high school for all or any part of grade twelve is eligible for the jump start scholarship program.

Section 3.That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

The amount of the scholarship award is three thousand five hundred dollars. One half of the award shall be paid to a public institution on behalf of any eligible student there enrolled or directly to an eligible student enrolled in a nonpublic institution at the beginning of the fall

semester, and the other half shall be paid in the same manner at the beginning of the spring semester.

Section 4. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

Each school district shall annually report to the Department of Education the names of all enrolled students who meet the qualifications in subdivisions (1), (2), and (3) of section 2 of this Act, and the Department of Education shall subsequently report the information provided to the Board of Regents.

Section 5. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

Any student to whom a jump start scholarship is awarded may apply for enrollment at any approved postsecondary educational institution. However, the institution is not required to accept the applicant for enrollment, and the institution may require compliance with its own admissions requirements. If the institution admits the student, the institution shall give written notice to the Board of Regents, and the scholarship award shall be distributed pursuant to section 3 of this Act.

Section 6. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

In fiscal year 2013 and in each fiscal year thereafter, the amount of money saved by the state in state aid to general education funding due to the early graduation of students who meet the qualifications in section 2 of this Act and are awarded a jump start scholarship shall be appropriated to the Board of Regents through the General Appropriations Act for the purpose of providing jump start scholarships to eligible students.

Section 7. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

The Board of Regents may allocate funds appropriated by the Legislature for the purpose of providing jump start scholarships to eligible students.

Section 8. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

The Board of Regents shall promulgate rules pursuant to chapter 1-26 to establish timelines and procedures for the jump start scholarship program application process, and to establish timelines and procedures for the reporting of information required pursuant to this Act.

Section 9. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

Any student who meets the eligibility requirements for the jump start scholarship program pursuant to section 2 of this Act is also eligible for an opportunity scholarship established

pursuant to § 13-55-30 for the student's first year of enrollment at an approved postsecondary institution if the student meets all of the eligibility requirements for the opportunity scholarship pursuant to § 13-55-31, except for the requirement to successfully complete four units of approved mathematics courses and four units of approved science courses. If a student who is eligible for the jump start scholarship successfully completes three units of approved mathematics courses and three units of approved science courses prior to graduating from high school, the student may complete the additional unit of approved mathematics courses and the additional unit of approved science courses necessary for eligibility in the opportunity scholarship program during the student's first year of enrollment at an approved postsecondary institution. If the student fails to successfully complete the additional coursework in mathematics and science during that year, the student is no longer eligible for the opportunity scholarship program.

Section 10. That § 13-55-31 be amended to read as follows:

13-55-31. In order to be eligible for a South Dakota opportunity scholarship award, a student shall:

(1) Be a resident of South Dakota at the time of graduation from high school;

(2) Have a composite score of 24, or higher, on the test administered by the American College Testing Program or an equivalent score as determined by the Board of Regents on the Scholastic Assessment Test. The student shall take the ACT or SAT test before beginning postsecondary education;

(3) Meet the high school course requirements for graduation as provided in § 13-55-31.1;

(4) Attend a university, college, or technical school that is accredited by the North Central Association of Colleges and Schools and that provides instruction from a campus located in South Dakota; and

(5) Enter into the program within five years of graduation from high school or within one year of the student's release from active duty with an active component of the armed forces if the release is within five years of the student's graduation from high school. If a student attends full-time a regionally accredited university, college, or technical school located outside South Dakota and within two years following high school graduation or within two years following release from active military service returns to the state to attend full-time a regionally accredited university, college, or technical school, the student is eligible to receive a partial award.

A student is eligible to participate in the South Dakota opportunity scholarship program for the equivalent of four academic years (eight consecutive spring and fall terms) or until the attainment of a baccalaureate degree, whichever comes first. However, the executive director of the Board of Regents may grant exceptions to the continuous enrollment requirements for good cause shown.

A student who would have been eligible for the scholarship, but who applies after completing one or more semesters of full-time work at an accredited institution, may be

admitted to the program only if the student has complied with the same grade point and credit hour requirements that would apply to program participants. Admission granted under these circumstances may not be retroactive, and eligibility for participation in the program shall be reduced by one semester for each semester of work completed prior to admission to the program.

A student who meets the eligibility requirements for the quick start scholarship program pursuant to section 2 of this Act is also eligible for the opportunity scholarship during the student's first year of enrollment at an approved postsecondary institution if the student meets all of the eligibility requirements in this section with the exception of the requirement in subdivision (3). If the student successfully completes three units of approved mathematics courses, three units of approved science courses, and all the remaining necessary coursework prior to graduating from high school, the student may complete the additional unit of approved mathematics courses and the additional unit of approved science courses necessary for eligibility in the opportunity scholarship program during the student's first year of enrollment at an approved postsecondary institution. If the student fails to successfully complete the additional coursework during that year, the student is no longer eligible for the program. "

1175cb

On the previously adopted amendment, 1175ca, in section 10, paragraph 4, line 1, delete "quick" and insert "jump".

1175cc

On the previously adopted amendment, 1175ca, delete sections 9 and 10.

1175cta

On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "establish the jump start scholarship program.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1170 and 1191 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

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

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1200 which was tabled.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1076, 1186, 1195, and 1199 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger W. Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1011, 1025, and 1028 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1003 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 42, 108, and 112 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

HCR 1004: A CONCURRENT RESOLUTION, Making certain legislative findings about the constitutionality of the federal health care system.

Rep. Steele moved that HCR 1004 as found on page 278 of the House Journal be adopted.

The question being on Rep. Steele's motion that HCR 1004 be adopted.

And the roll being called:

Yeas 42, Nays 26, Excused 2, Absent 0

Yeas:
Boomgarden; Carson; Conzet; Cronin; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Rozum; Russell; Schaefer; Sly; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Abdallah; Blake; Bolin; Brunner; Dennert; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Perry; Romkema; Schrempp; Sigdestad; Solum; Street; Wismer

Excused:
Deelstra; Elliott

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

SCR 5: A CONCURRENT RESOLUTION, Recognizing February 4, 2011, as Wear Red Day and urging citizens of the state to be aware of cardiovascular disease in order to save lives.

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

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Lust moved that the report of the Standing Committee on

Health and Human Services on HB 1061 as found on pages 278 and 279 of the House Journal be adopted.

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 State Affairs respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1162 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 State Affairs respectfully reports that it has had under consideration HB 1094 and returns the same with the recommendation that said bill be amended as follows:

1094fa

On page 2 of the printed bill, delete line 12, and insert "(3) A legislative or county candidate campaign committee without opposition in a primary election, prior to".

On page 2, remove the overstrikes from lines 13 and 14.

On page 2, line 16, delete "~~(5)~~(4)" and insert "(5)".

On page 2, line 18, delete "~~(6)~~(5)" and insert "(6)".

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 1148 and returns the same with the recommendation that said bill be amended as follows:

1148oa

On page 2, after line 20 of the printed bill, insert:

" Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

1148ota

On page 1, line 2, of the printed bill, after "employees" insert "and to declare an emergency".

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 1173 and returns the same with the recommendation that said bill be amended as follows:

1173fa

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

"Section 1. If any political subdivision of the state sets a date and time for conducting a public election, within fifteen days the person in charge of an election shall notify the secretary of state."

1173ftb

On page 1, line 1, of the printed, delete everything after "Act to" and insert "require the person in charge of local elections to notify the secretary of state when the dates of elections have been set.".

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 1177 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1166 and 1222 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1207 and returns the same with the recommendation that said bill be amended as follows:

1207sa

On the previous amendment (1207oa), delete the On page 1, line 8 and On page 1, line 14 instructions.

1207sb

On the previous amendment (1207oa), in Section 3, subdivision (19), line 4, delete "or reassigned to the dealer"

1207sc

On the previous amendment (1207oa), delete the On page 1, line 6, instruction and replace it with: On page 1, line 6, of the printed bill, after "dealer" insert "who has obtained a permit under the provisions of section 3 of this Act but who is"

On the previous amendment (1207oa), delete the On page 1, line 12, instruction and replace it with: On page 1, line 12, after "dealer" insert "who has obtained a permit under the provisions of section 3 of this Act but who is"

1207se

On page 1, line 6, of the printed bill, after "dealer" insert "who has obtained a permit under the provisions of section 3 of this Act but who is".

On page 1, line 12, after "dealer" insert "who has obtained a permit under the provisions of section 3 of this Act but who is".

On page 1, after line 15, insert:

" Section 3. That § 32-6B-5 be amended to read as follows:

32-6B-5. The following persons are exempt from the provisions of this chapter:

(1) Any employee of any person licensed as a vehicle dealer if engaged in the specific performance of the employee's duties;

(2) Any financial institution chartered or licensed in any other jurisdiction that acquires vehicles as an incident to the financial institution's regular business and sells the vehicles to dealers licensed under this chapter;

(3) Any nonprofit automobile club if selling automobiles twenty years old or older under the provisions of chapter 32-3;

(4) Any person acting as an auctioneer if auctioning South Dakota titled vehicles for a licensed dealer or a person who is exempt from the provisions of this chapter;

(5) Any person engaged in the business of manufacturing or converting new vehicles if selling the vehicles to a licensed dealer holding a franchise from the original manufacturer of the vehicle;

(6) Any person engaged in the business of manufacturing or customizing motor vehicles may display but may not sell any motor vehicle at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue and Regulation. If purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ten-day temporary permit. However, if the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. This subdivision does not apply to any customized motorcycle being built for and displayed during a sponsored event where the participants had to qualify through competition. A permit is required if any customized motorcycle is being displayed outside the sponsored event. Any person found to be in violation of the provisions contained in this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

(7) Any person engaged in the business of manufacturing trailers may display but may not sell any trailers at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue and Regulation. If purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ten-day temporary permit. However, if the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions contained in this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

(8) Any person may sell motorcycles at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue and

Regulation. Before issuance of a permit, the applicant shall provide proof the applicant is a licensed dealer in the applicant's own state and has no outstanding dealer violations. The permit shall only be issued if the new motorcycles being sold are not franchised in this state. If purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ten-day temporary permit. However, if the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions contained in this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

(9) Any person may sell trailers at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue and Regulation. Before issuance of a permit, the applicant shall provide proof the applicant is a licensed dealer in the applicant's own state and has no outstanding dealer violations. The permit will only be issued if the trailers being sold are not franchised in this state. If purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ten-day temporary permit. However, regardless of whether or not there is a franchise in this state, any person may display a trailer at such an event. However, if the permit is purchased ~~before~~ at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions contained in this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

(10) Any person not engaged in the sale of vehicles as a business and is disposing of vehicles used solely for personal use if the vehicles were acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter;

(11) Any person not engaged in the sale of vehicles as a business who operates fleets of vehicles and is disposing of vehicles used in the person's business if the same were acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter;

(12) Any person who sells less than five vehicles in a twelve-month period, unless the person is licensed as a dealer in another state or holds himself or herself out as being in the business of selling vehicles. However, if the vehicles are travel trailers, any person who sells less than three travel trailers in a twelve-month period;

(13) Any public officer while performing the officer's official duties;

(14) Any receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court;

(15) Any regulated lenders as that term is defined in § 54-3-14, any insurance company authorized to do business in this state, or any financing institution as defined in and licensed pursuant to chapter 54-4 that acquires vehicles as an incident to its regular business;

(16) Any towing agency that acquires and sells a vehicle which has been towed at the request of a private landowner under the provision of chapter 32-36 or at the request of a law enforcement officer, if no vehicle is sold for an amount over two hundred dollars;

(17) Any vehicle rental and leasing company that sells its used vehicles to dealers licensed under this chapter; ~~and~~

(18) Any South Dakota nonprofit corporation which gives a donated motor vehicle to a needy family or individual; and

(19) Any dealer licensed in another state may sell any vehicle or motorcycle that is not titled in South Dakota if the vehicle is at least twenty years old and the motorcycle is at least thirty years old at a public auction on consignment if the title is issued in the name of the dealer and the dealer purchases a permit from the Department of Revenue. Before issuance of a permit, the applicant shall provide proof the applicant is a licensed dealer in the applicant's own state and has no outstanding dealer violations. If purchased in advance of the auction, the dealer shall pay a fee of two hundred fifty dollars for the permit. However, if the permit is purchased at or after the auction, the dealer shall pay a fee of five hundred dollars for the temporary permit. Any dealer found to be in violation of the provisions contained in this subdivision shall be denied a temporary permit for a period of one year from the date of violation. ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1202 and 1209 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 50.

Respectfully,
Trudy Evenstad, Secretary

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption from the motor fuel tax for bulk fuel transfers into a terminal.

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

SB 108: FOR AN ACT ENTITLED, An Act to allow for the appointment of an alternate board member for the county legal expense relief board.

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

SB 112: FOR AN ACT ENTITLED, An Act to repeal the provision that requires county treasurers to collect the oldest delinquent property tax first.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Greenfield requested that SB 18 be removed from the Consent Calendar.

Which request was granted.

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the extraterritorial jurisdiction of a municipalities.

Was read the second time.

The question being "Shall HB 1118 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Deelstra; Elliott

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 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the documentation of data used to make adjustments during the assessment process for factors that affect the capacity of the land to produce agricultural products.

Was read the second time.

The question being "Shall HB 1002 pass as amended?"

And the roll being called:

Yeas 51, Nays 16, Excused 3, Absent 0

Yeas:
Blake; Bolin; Brunner; Carson; Conzet; Cronin; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Miller; Moser; Munsterman; Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; White; Wink; Wismer; Speaker Rausch

Nays:
Boomgarden; Greenfield; Haggar; Hansen (Jon); Jensen; Lust; Magstadt; Nelson (Stace); Novstrup (David); Olson (Betty); Tornow; Vanneman; Venner; Verchio; Wick; Willadsen

Excused:
Abdallah; Deelstra; Elliott

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 1152: FOR AN ACT ENTITLED, An Act to provide for drug testing for certain TANF recipients.

Was read the second time.

1152rb

Rep. Venner moved that HB 1152 be amended as follows:

On page 1, line 3, of the House Health and Human Services Committee engrossed bill, delete "random".

On page 1, line 5, after "benefits" insert "and who, the department has reasonable suspicion to believe, engages in the illegal use of controlled substances".

Which motion prevailed.

Rep. Cronin moved the previous question.

Which motion prevailed.

The question being "Shall HB 1152 pass as amended?"

And the roll being called:

Yeas 32, Nays 36, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kopp; Liss; Magstadt; Miller; Munsterman; Nelson (Stace); Olson (Betty); Perry; Russell; Schaefer; Solum; Steele; Tornow; Tulson; Van Gerpen; Venner; Verchio; Wick; Willadsen

Nays:
Abdallah; Blake; Carson; Conzet; Cronin; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Juhnke; Killer; Kirschman; Kloucek; Lucas; Lust; Moser; Novstrup (David); Romkema; Rozum; Schrempp; Sigdestad; Sly; Street; Stricherz; Turbiville; Vanneman; White; Wink; Wismer; Speaker Rausch

Excused:
Deelstra; Elliott

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

HB 1133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the excusal of a child from school.

Was read the second time.

The question being "Shall HB 1133 pass as amended?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dennert; Dryden; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Feinstein; Kloucek; Lucas; Wismer

Excused:
Abdallah; Deelstra; Elliott

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

HB 1085: FOR AN ACT ENTITLED, An Act to prohibit certain political advertising in highway rights-of-way.

Was read the second time.

The question being "Shall HB 1085 pass as amended?"

And the roll being called:

Yeas 51, Nays 16, Excused 3, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Dennert; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Kirschman; Kloucek; Lucas; Rozum; Schrempp; Sigdestad; Street; Wismer

Excused:
Abdallah; Deelstra; Elliott

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 1139: FOR AN ACT ENTITLED, An Act to remove the prohibition against certain appointive officers lobbying after completing their service in state government.

Was read the second time.

The question being "Shall HB 1139 pass as amended?"

And the roll being called:

Yeas 48, Nays 20, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Dennert; Dryden; Fargen; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Jones; Juhnke; Killer; Kirkeby; Kirschman; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Carson; Feickert; Feinstein; Greenfield; Hubbel; Hunt; Iron Cloud III; Jensen; Kloucek; Kopp; Lucas; Nelson (Stace); Olson (Betty); Russell; Schrempp; Steele; Tornow; Venner; Verchio; Wink

Excused:
Deelstra; Elliott

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 1062: FOR AN ACT ENTITLED, An Act to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Was read the second time.

The question being "Shall HB 1062 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Boomgarden; Brunner; Carson; Conzet; Cronin; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Bolin

Excused:
Deelstra; Elliott

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 1154: FOR AN ACT ENTITLED, An Act to require persons convicted of crimes involving domestic violence to support domestic violence programs.

Was read the second time.

Rep. Lust moved that HB 1154 be deferred to Tuesday, February 8^th, the 18^th legislative day.

Which motion prevailed.

HB 1074: FOR AN ACT ENTITLED, An Act to revise the allowable time periods for use of nonresident small game hunting licenses.

Was read the second time.

Rep. Juhnke moved that HB 1074 be deferred to Wednesday, February 9^th, the 19^th legislative day.

Which motion prevailed.

HB 1114: FOR AN ACT ENTITLED, An Act to revise the conditions under which contracts with local officials are permitted.

Was read the second time.

Rep. Cronin moved that HB 1114 be deferred to Tuesday, February 8^th, the 18^th legislative day.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 16: FOR AN ACT ENTITLED, An Act to authorize licensure of persons graduating from social work programs that are in candidacy status.

Was read the second time.

The question being "Shall SB 16 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Deelstra; Elliott

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.

SB 14: FOR AN ACT ENTITLED, An Act to require the mandatory reporting of abuse or neglect of elderly or disabled adults.

Was read the second time.

The question being "Shall SB 14 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Deelstra; Elliott

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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1014 was delivered to his Excellency, the Governor, for his approval at 9:35 a.m., February 7, 2011.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1011, 1025, and 1028 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to domestic abuse programs.

HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

HB 1028: FOR AN ACT ENTITLED, An Act to revise the due dates of certain tax returns and remittances.

SB 17: FOR AN ACT ENTITLED, An Act to provide for a property tax exemption for certain property leased by the Science and Technology Authority.

And signed the same in the presence of the House.

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

Karen Gerdes, Chief Clerk