House of Representatives Journal 2/8/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 8, 2011

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

The prayer was offered by the Chaplain, Pastor Don Block, followed by the Pledge of Allegiance led by House pages Anna Cronin and Katie Wegleitner.

Roll Call: All members present except Reps. Elliott, Schrempp, and Stricherz 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 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,

Val Rausch, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1146 and returns the same with the recommendation that said bill be amended as follows:

1146ja

On page 1, line 10, of the printed bill, delete "the" and insert "a".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1185 and returns the same with the recommendation that said bill be amended as follows:

1185ja

On page 1, line 12, of the printed bill, delete everything after "(4)" .

On page 1, delete lines 13 and 14.

On page 2, delete line 1.

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

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

On page 2, line 18, delete "(7)" and insert "(6)".

On page 3, line 10, delete "(8)" and insert "(7)".

On page 4, delete lines 13 to 15, inclusive, and insert:

" Section 5. Any person who is employed as a speech-language pathologist as of July 1, 2011, and does not otherwise meet the qualifications set forth in this Act, may practice as a speech-

language pathologist without a license as long as the speech-language pathologist is continuously employed while performing the duties of that employment.".

On page 4, line 24, delete everything after "pathology" and insert "or as a speech-language pathology assistant at a college, university, or technical institute if:".

On page 9, line 11, delete "from an educational institution".

On page 9, delete lines 18 to 23, inclusive, and insert:

" Section 18. Any person granted a master's equivalency before July 1, 2011, shall be issued a license pursuant to this Act, as long as that person is continuously performing the duties of his or her employment.".

On page 11, line 21, delete everything after "(4)" .

On page 11, delete line 22.

On page 11, line 23, delete "(5)".

On page 12, line 6, delete "triennially" and insert "biennially".

On page 12, line 10, after "education" insert "approved by the board".

On page 15, line 6, after "." insert "An official transcript from the institution satisfies the requirements of this section.".

On page 15, line 15, before "If" insert "An assistant shall be supervised by a licensed speech-language pathologist. An assistant may have more than one supervisor if the board is notified and any supervisor meets the requirements of this Act.".

On page 15, line 16, delete "licensee" and insert "assistant".

On page 15, line 22, after "weekly" insert "for each speech-language pathology assistant the speech-language pathologist supervises".

On page 17, between lines 9 and 10, insert:

" No speech-language pathologist may supervise more than three speech-language pathology assistants at one time.".

On page 17, line 15, delete "twenty" and insert "fifteen".

And that as so amended said bill do pass.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1147 and returns the same with the recommendation that said bill be amended as follows:

1147ja

On page 1, line 11, of the printed bill, remove the overstrikes from "~~from~~".

On page 1, line 11, delete "for".

On page 1, line 13, remove the overstrikes from "~~within~~".

On page 1, line 13, delete "for".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 39 and returns the same with the recommendation that said bill be amended as follows:

39fb

On page 2, line 7, of the printed bill, overstrike "1983" and insert "2011".

On page 2, line 10, delete "and religious educational institution".

On page 2, line 12, overstrike "1995" and insert "2011".

On page 2, line 14, after "." insert "For the purposes of this section, a religious educational institution shall be defined as an institution currently recognized as exempt under section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2011, that maintains a campus physically located within this state.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1190 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark K. Willadsen, Chair

Also MR. SPEAKER:

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

1129ta

On page 1, line 5, of the printed bill, delete everything after "any firearm" and insert "containing an unexpended shell, cartridge, bullet, or projectile in the chamber or cylinder;".

On page 1, delete line 6.

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 1163 and returns the same with the recommendation that said bill be amended as follows:

1163ta

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

"Section 1. That § 41-8-37 be amended to read as follows:

41-8-37. No Except as provided in this section, no person, who is in or on a motor vehicle, may discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes.

Licensed hunters who have a disability rating by the United States Department of Veterans Affairs of at least thirty percent, and licensed hunters who are paraplegics or otherwise physically unable to walk with or without crutches, braces, or other mechanical support or who are otherwise considered to be limited or impaired in their ability to walk~~, and who have~~ may apply for and shall receive a disabled hunter permit. Any licensed hunter who has been issued a disabled hunter permit by the department, may shoot in fields, woods, or from public roads from a stationary motor vehicle while hunting game animals or game birds in accordance with the conditions of the permit and rules promulgated by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 to establish the definition of disabled hunter; the eligibility criteria, application, and approval procedures for issuance of a disabled hunter permit; the duration of a permit; and the extent of the permitted shooting activities.

A violation of this section is a Class 2 misdemeanor. "

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 1082 and 1164 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Kim Vanneman, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1109, 1168, 1193, and 1212 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1215 and returns the same with the recommendation that said bill be amended as follows:

1215oc

On page 2, line 14, of the printed bill, delete "seventy-five" and insert "one hundred thirty-five".

On page 3, line 7, delete "three" and insert "five".

On page 3, line 8, delete "fifty".

On page 3, line 14, delete "one million" and insert "seven hundred thousand".

On page 4, after line 10, insert:

" Section 5. That § 10-47B-135 be amended to read as follows:

10-47B-135. No refund of motor fuel or special fuel taxes paid may be made for any of the following uses of fuel:

(1) Fuel used in motor vehicles operated on the public highways of this state;

(2) Fuel used for propulsion on the highway in any vehicles, machinery, or equipment for any highway construction or maintenance work which is paid for, wholly or in part, by public moneys;

(3) Fuel used in aircraft or watercraft;

(4) Undyed special fuel used in off-road machinery or equipment; or

(5) Fuel used from the engine fuel supply tank by a motor vehicle while idling. Fuel used by a motor vehicle while idling shall be included in the total amount of fuel consumed when calculating average miles per gallon; or

(6) Fuel used in any motor vehicle, recreation vehicle, or farm equipment used for nonhighway agricultural purposes or, unless otherwise provided by this chapter, used in any motor vehicle or equipment for nonhighway commercial uses.

Section 6. That § 10-47B-144 be amended to read as follows:

10-47B-144. Interest at the rate provided for under § 10-59-6 shall be paid on any refund claim amount authorized by §§ ~~10-47B-119~~10-47B-119.2 to 10-47B-131, inclusive, which has not been refunded to the claimant within sixty days of acceptance by the department during the months of January, February, or March. Claims received during any other month shall be paid within forty-five days, otherwise interest shall be paid to the claimant. No interest may be paid for refunds made to interstate fuel tax agreement licensees or licensed interstate users.

Section 7. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as follows:

The Legislature finds, based on historical data, that one million four hundred ten thousand dollars represents the amount of motor fuel taxes collected annually on motor fuel for nonhighway agricultural uses. The Legislature further finds that these funds should be utilized in a manner which benefits agriculture and the citizens of the state.

Section 8. That § 38-7-26 be amended to read as follows:

38-7-26. The coordinated natural resources conservation fund consists of money transferred from the ~~unclaimed tax refunds from the~~ sale of motor fuel for nonhighway agricultural uses in the motor fuel tax fund as provided in § ~~10-47A-11~~ 10-47B-149, and all public and private sources including legislative appropriations or federal grants.

Section 9.That § 10-47B-119.1 be repealed.

10-47B-119.1. Any special fuel or motor fuel user may apply for and obtain a refund of fuel taxes imposed and paid to this state for motor fuel or special fuel purchased and used as racing fuel in motor vehicles operated solely off of public highways in organized racing events.

Section 10. That § 10-47B-127 be repealed.

10-47B-127. Any undyed special fuel consumer may apply for and obtain a refund of fuel taxes imposed and paid to this state, for undyed special fuel purchased and used by the consumer in the engine fuel supply tank of a motor vehicle used for nonhighway agricultural purposes or nonhighway commercial uses, except special fuel used to power a refrigeration unit which is attached to the engine fuel supply tank of the motor vehicle. This refund shall be calculated by multiplying the motor vehicle's average miles per gallon during the claim period

times the number of nonhighway miles the vehicle was operated. The average miles per gallon and nonhighway miles shall be supported by actual individual vehicle fuel disbursement records and odometer readings.

Section 11. That § 10-47B-138 be repealed.

10-47B-138. Any consumer who desires to claim refund of motor fuel or special fuel taxes paid to this state, shall apply for a refund claimant license from the department before or at the time that the first claim for refund is made. Applications for licenses and claims for refund shall be made on forms provided by the department. Upon approval of the application by the department, a nonassignable license and claimant number shall be issued to each claimant. Each subsequent claim for refund is to bear the claimant's assigned refund permit number.

Section 12. That § 10-47B-139 be repealed.

~~10-47B-139. The claim for refund of fuel taxes which is allowed under this chapter shall contain the following information:~~

            (1)    The name and mailing address of the refund claimant;

            (2)    The refund claimant license number assigned by the department to the claimant;

            (3)    The claim period during which fuel was purchased and used;

            (4)    If applicable, a listing of the licensed motor vehicles owned or operated by the claimant during the claim period;

            (5)    If applicable, information concerning the miles driven and fuel consumed by the vehicles listed in subdivision (4) of this section;

            (6)    If the claimant is the user of the fuel, a summary of fuel purchased during the claim period;

            (7)    If the claimant is the seller of the fuel, a summary of the refundable sales;

            (8)    The claimant's signature verified under oath; and

~~(9) Any other information which the secretary deems necessary for the administration of this section.~~

Section 13. That § 10-47B-140 be repealed.

10-47B-140. Motor fuel and special fuel tax refund claims of consumers shall be accompanied by proof that the South Dakota fuel tax has been paid. Proof of tax payment may be presented in one or more of the following forms:

            (1)    An original invoice. An invoice shall be an original copy which is serially numbered by machine and prepared in duplicate. The original copy shall be given to the purchaser either at the time of delivery or upon payment of the amount due; or

            (2)    Any of the following forms of proof containing the information required in § 10-47B-159:

            (a)    A credit card receipt. A receipt may be prepared using NCR (no carbon required) paper or other means of data transferal. Only an unaltered original copy of a credit card receipt is accepted; or

(b) A statement generated from an unattended, automated pump facility. An itemized monthly statement is acceptable if the statement contains the required invoice information and if the seller has marked the statement as having been paid. If a statement is used as proof of tax payment, the use of double-faced carbon, NCR (no carbon required) paper, and serial numbering are not required in preparation of the statement.

Section 14. That § 10-47B-141 be repealed.

10-47B-141. Any claim for refund of motor fuel or special fuel tax shall be received by the department within fifteen months of the date the fuel was originally purchased in order to be accepted for refund. Fuel purchased more than fifteen months from the date the claim is received is forever barred from refund eligibility.

Section 15. That § 10-47B-142 be repealed.

10-47B-142. The secretary may, in order to establish the validity of any claim for refund of motor fuel or special fuel tax, require the claimant to furnish any additional proof of the validity of the claim the secretary may determine necessary. The department may examine the books and records of the seller and purchaser for this purpose. The failure of the claimant to furnish the books or records for examination shall constitute a waiver of all rights to the refund on account of the transaction questioned.

Section 16. That § 10-47B-154 be repealed.

10-47B-154. The Legislature finds that not all motor fuel taxes which qualify for the nonhighway agricultural motor fuel tax refund are, in fact, refunded under the procedure set forth in this chapter. The Legislature further finds that a certain amount of these unclaimed tax refunds from the sale of motor fuel for nonhighway agricultural uses should be utilized for agricultural purposes in a manner which benefits both agriculture and the citizens of the state by preserving its natural resources. Therefore, the Legislature declares that an amount equal to thirty-five percent of the claimed refunds authorized by § 10-47B-119, not to exceed one million five hundred thousand dollars in any single fiscal year, represents the amount of unclaimed tax refunds from the sale of motor fuel tax for nonhighway agricultural uses. The Legislature further declares that it is the policy of this state to use these funds, representing the unclaimed tax refunds from the sale of motor fuel for nonhighway agricultural purposes, to implement the coordinated natural resources conservation program. ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1216 and returns the same with the recommendation that said bill be amended as follows:

1216ta

On page 1, line 10, of the printed bill, delete ", and the product commonly or commercially" and insert ", and any motor fuel made from a blend, in any ratio, of gasoline and the product commonly or commercially known as E-85 or an ethanol blend and the product commonly or commercially known as E-85.".

On page 1, delete line 11.

On page 2, line 21, delete "Section 3, Chapter" and insert "section 2, chapter".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill be amended as follows:

1221oa

On page 1, line 5, of the printed bill, delete "2012" and insert "2013".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1225 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Verchio, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1043 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 7, 33, 43, 70, 81, 86, 93, 120, 122, 139, and 200 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

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.

Rep. Boomgarden moved that SCR 5 as found on pages 293 and 294 of the Senate Journal be concurred in.

The question being on Rep. Boomgarden's motion that SCR 5 be concurred in.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; 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; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Schrempp; Stricherz

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 5 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1153 as found on page 286 of the House Journal; also

Education on HB 1175 as found on pages 286 to 290 of the House Journal; also

State Affairs on HB 1094 as found on page 293 of the House Journal; also

State Affairs on HB 1148 as found on pages 293 and 294 of the House Journal; also

State Affairs on HB 1173 as found on page 294 of the House Journal; also

Commerce and Energy on HB 1207 as found on pages 295 to 298 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 7: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an emergency.

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

SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7 sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition interlock devices.

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

SB 43: FOR AN ACT ENTITLED, An Act to revise certain health insurance standards for patient protection.

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

SB 70: FOR AN ACT ENTITLED, An Act to prohibit the creation of private transfer fee obligations and to require certain procedures for notice and disclosure for existing private transfer fee obligations.

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

SB 81: FOR AN ACT ENTITLED, An Act to require the Supreme Court to promulgate rules for parenting coordinators.

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

SB 86: FOR AN ACT ENTITLED, An Act to establish reports on the price of government and to make the data available to the public.

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

SB 93: FOR AN ACT ENTITLED, An Act to authorize an organization to contribute to a political action committee and to set a limit on contributions.

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

SB 120: FOR AN ACT ENTITLED, An Act to revise the amount of compensation that water user district directors may receive.

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

SB 122: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the expenditure of water user district funds.

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

SB 139: FOR AN ACT ENTITLED, An Act to exempt from state regulation certain medical foster home care for veterans.

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

SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district fund balances.

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

HONORED GUESTS

Rep. Rausch introduced Loren Vaillancourt, Miss South Dakota 2010, from Huron, South Dakota.

Rep. Kloucek introduced Morgan T. Hanzlik, State Voice of Democracy winner, from Spearfish, South Dakota, and Sadie Eitemiller, Patriot's Pen winner, from Armour, South Dakota.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1162: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to allow a person in charge of election to use the state system.

Was read the second time.

The question being "Shall HB 1162 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Elliott; Schrempp; Stricherz

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

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

1154jc

Rep. Lust moved that HB 1154 be amended as follows:

On page 1 of the House Judiciary Committee engrossed bill, delete line 6, and insert "In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime involving domestic violence or domestic abuse to".

On page 1, line 7, after "remit" insert "costs in".

Which motion prevailed.

The question being "Shall HB 1154 pass as amended?"

And the roll being called:

Yeas 38, Nays 29, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feinstein; Gibson; Hawley; Hickey; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Sigdestad; Sly; Van Gerpen; White; Willadsen; Wink

Nays:
Bolin; Boomgarden; Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); Hubbel; Hunt; Jensen; Liss; Magstadt; Miller; Nelson (Stace); Olson (Betty); Russell; Schaefer; Solum; Steele; Street; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; Wick; Wismer; Speaker Rausch

Excused:
Elliott; Schrempp; Stricherz

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

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

1114fa

Rep. Tornow moved that HB 1114 be amended as follows:

On page 3, line 14, of the printed bill, after "just" insert "as determined by the governing body or a disinterested governmental entity".

Which motion prevailed.

The question being "Shall HB 1114 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; 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; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Russell; Verchio

Excused:
Elliott; Schrempp; Stricherz

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 1061: FOR AN ACT ENTITLED, An Act to provide for the practice and regulation of registered midwives.

Was read the second time.

1061jc

Rep. Hunt moved that HB 1061 be amended as follows:

On page 3 of the House Health and Human Services Committee engrossed bill, delete lines 20 to 22, inclusive, and insert:

(6) Has submitted to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the department shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the department all information obtained as a result of the criminal background check. This information shall be obtained prior to registration of the applicant. Failure to submit or cooperate with the criminal background investigation or a record of a felony conviction is grounds for denial of an application. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.".

On page 4, delete lines 3 to 6, inclusive, and insert:

" Section 7. If the department deems it appropriate, the department may, in compliance with chapter 1-26:

(1) Issue a reprimand to the registered midwife;

(2) Place the registered midwife on probation and supervision;

(3) Suspend the registered midwife's registration until the registered midwife completes a course of therapy, treatment, training, or any combination thereof;

(4) Suspend the registered midwife's registration for a fixed period; or

(5) Revoke the registered midwife's certificate.".

Which motion prevailed.

The question being "Shall HB 1061 pass as amended?"

And the roll being called:

Yeas 36, Nays 31, Excused 3, Absent 0

Yeas:
Bolin; Brunner; Dennert; Feickert; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hubbel; Hunt; Iron Cloud III; Jensen; Killer; Kopp; Liss; Magstadt; Miller; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Rozum; Russell; Schaefer; Sigdestad; Sly; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Venner; Verchio; Wink

Nays:
Abdallah; Blake; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dryden; Fargen; Gibson; Hawley; Hickey; Hoffman; Hunhoff (Bernie); Jones; Juhnke; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Moser; Perry; Romkema; Solum; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch

Excused:
Elliott; Schrempp; Stricherz

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. Hunt announced his intention to reconsider the vote by which HB 1061 lost.

HB 1161: FOR AN ACT ENTITLED, An Act to prohibit the use of certain photo radar speed detection systems and of certain photo monitoring devices to detect red light violations.

Was read the second time.

1161ra

Rep. Gibson moved that HB 1161 be amended as follows:

On page 2, line 2, of the printed bill, after "use of" delete "a" and insert "an automated".

On page 2, line 3, after "vehicle" insert "by automatic number plate recognition technology".

On page 2, line 3, after "." insert "The term does not apply to video cameras mounted in law enforcement vehicles.".

Which motion prevailed.

The question being "Shall HB 1161 pass as amended?"

And the roll being called:

Yeas 43, Nays 24, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hubbel; Hunhoff (Bernie); Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Magstadt; Munsterman; Olson (Betty); Perry; Romkema; Russell; Sigdestad; Steele; Street; Turbiville; Vanneman; Venner; Verchio; Wismer; Speaker Rausch

Nays:
Brunner; Fargen; Hickey; Hoffman; Hunt; Iron Cloud III; Juhnke; Lucas; Lust; Miller; Moser; Nelson (Stace); Novstrup (David); Rozum; Schaefer; Sly; Solum; Tornow; Tulson; Van Gerpen; White; Wick; Willadsen; Wink

Excused:
Elliott; Schrempp; Stricherz

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 1108: FOR AN ACT ENTITLED, An Act to revise certain provisions with regard to the rights of industrial and construction equipment dealers.

Was read the second time.

The question being "Shall HB 1108 pass?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; 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; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Hoffman; Tornow; Vanneman

Excused:
Elliott; Schrempp; Stricherz

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 18: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding a commercial driver license.

Was read the second time.

The question being "Shall SB 18 pass?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; 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; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Brunner; Greenfield; Russell; Verchio

Excused:
Elliott; Schrempp; Stricherz

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 1004, 1017, 1018, 1019, 1020, and 1021 were delivered to his Excellency, the Governor, for his approval at 10:15 a.m., February 8, 2011.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1043 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1043: FOR AN ACT ENTITLED, An Act to clarify the jurisdictional amount in a small claims court proceeding.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:18 p.m. the House adjourned.

Karen Gerdes, Chief Clerk