House of Representatives Journal 1/24/2008 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION

ELEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 24, 2008

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

The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by House pages Jacob Fuhrman and Maria Skoglund.

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

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the tenth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Thomas J. Deadrick, Chair

Which motion prevailed.

The oath of office was administered by Speaker Pro tempore Rave to the following named page:

Maria Skoglund.

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

REPORTS OF STANDING COMMITTEES

The Committee on State Affairs respectfully reports that it has had under consideration HB 1123 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 1119 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 1129 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 4 to 15, inclusive.

On page 2, delete lines 1 to 5, inclusive.

On page 2, after line 24, insert:

" Section 6. There is hereby appropriated from the general fund the sum of one hundred thousand dollars ($ 100,000 ), or so much thereof as may be necessary, to the Commission on Equal Access to Our Courts as established by this Act.

Section 7. The chair of the Commission on Equal Access to Our Courts shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 8. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2009 , shall revert in accordance with the procedures prescribed in chapter 4-8.".

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

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

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1158 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1064 and 1075 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, after " ad litem " insert " for a child in a proceeding pursuant to chapter 26-8A ".

On page 1, line 7, of the printed bill, delete " any agency administering the appointment of " and insert " any entity recognized as administering a CASA program as provided in § 16-2-51 ".

On page 1, line 8, delete " special advocates for children ".

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 1099 and returns the same with the recommendation that said bill be amended as follows:

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

On page 1, line 5, of the printed bill, remove the overstrikes from " ~~unless the~~ ".

On page 1, delete line 6, and insert "court deems it inappropriate under the facts of the case".

On page 1, line 7, delete " the written request of either parent ".

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 1100 and returns the same with the recommendation that said bill be amended as follows:

In the pending motion (1100ra), delete "shall' and insert "may".

Journal Correction: See page 369 of the House Journal.

On page 1, line 9, of the printed bill, delete " proven ".

On page 1, line 10, delete " proven ".

On page 1, after line 12, insert:

"
Section 2. That chapter 25-4 be amended by adding thereto a NEW SECTION to read as follows:

For purposes of this chapter, in determining whether a history of domestic abuse exists, the court's consideration shall include the issuance of a protection order against a parent, or the arrest of a parent following response of law enforcement to a report of alleged domestic abuse, or a conviction for domestic abuse.".

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 1138 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 15, of the printed bill, after "regional" insert ", state, or national".

On page 2, line 1, of the printed bill, after "2008," delete "nor".

On page 2, line 3, after "2008" insert ", nor for a degree granted by an institution in another country similarly recognized or accredited under the laws of that country".

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 1121 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1240 and SB 15 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1241 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, delete "32-6B" and insert "32-3".

On page 1, line 7, delete " § 32-6B-20.4" and insert "chapter 32-6B, 32-6C, 32-7A, or 32-7B".

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

On page 1, line 2, delete "vehicle".

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 1160 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1017 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 6, of the printed bill, after "." insert "The sale of a digital code that may be utilized to obtain a product transferred electronically shall be taxed in the same manner as the product transferred electronically. A digital code is a code that permits a purchaser to obtain at a later date a product transferred electronically.".

On page 3, line 1, after "." insert "A product transferred electronically does not include any intangible such as a patent, stock, bond, goodwill, trademark, franchise, or copyright.".

On page 17, line 19, after "." insert "The sale of a digital code that may be utilized to obtain a product transferred electronically shall be taxed in the same manner as the product transferred electronically. A digital code is a code that permits a purchaser to obtain at a later date a product transferred electronically.".

On page 19, line 14, after "." insert "A product transferred electronically does not include any intangible such as a patent, stock, bond, goodwill, trademark, franchise, or copyright.".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

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

On page 2 of the printed bill, delete lines 15 to 24, inclusive.

On page 3, delete lines 1 to 5, inclusive.

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

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1215 and 1243 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1057 and 1058 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1056 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1176 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

MESSAGES FROM THE SENATE

I have the honor to transmit herewith SB 44, 45, 52, 63, 87, 99, and 124 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1001 Introduced by: Representatives Howie, Boomgarden, Brunner, DeVries, Elliott, Faehn, Gassman, Gilson, Halverson, Hills, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lucas, Miles, Nelson, Noem, Olson (Betty), Pederson (Gordon), Pitts, Rave, Sigdestad, Turbiville, Van Etten, and Wick and Senators Lintz, Abdallah, Gant, Hauge, Jerstad, Katus, Kloucek, McNenny, Smidt (Orville), and Sutton

A CONCURRENT RESOLUTION, Requesting the Department of Game, Fish and Parks to give Martha Smith of Fairburn, South Dakota, the hide of a mountain lion she recently killed.

WHEREAS, eighty-year-old Martha Smith, on January 3, 2008, found her dog in a standoff with a mountain lion outside her Fairburn home; and

WHEREAS, Martha went back inside and got her .22 caliber rifle and returned to dispatch the mountain lion; and

WHEREAS, Martha fired and missed and returned to the house to call 911 for assistance; and

WHEREAS, a Game, Fish and Parks conservation officer was not immediately available to come and take care of the lion, so she went back outside, took steady aim, and fired, killing the big cat; and

WHEREAS, Martha has a deer fence and an electric fence around her garden to keep out the deer and raccoon, and her loaded rifle is kept close at hand to deal with more serious problems; and

WHEREAS, Martha, when asked why she would keep a loaded gun in her house, responded by saying, "What good's a gun if it's not loaded?"; and

WHEREAS, Martha wisely advised after the incident, "Make sure what you are shooting at is what you want to kill," and "You must protect yourself and your property"; and

WHEREAS, in the spirit of the pioneers who tamed this prairie wilderness, Martha Smith is someone who will rise up and do what must be done; and

WHEREAS, Martha said she would like to get the cat mounted and have it displayed at Fairburn's new museum:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- Third Legislature of the State of South Dakota, the Senate concurring therein, that the Department of Game, Fish and Parks be hereby directed to give Martha Smith, of Fairburn, South Dakota, the hide of the mountain lion she shot to enjoy it for awhile and to eventually donate it to a local museum.

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

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 25^th, the 12^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on HB 1009 as found on page 236 of the House Journal ; also

Commerce on HB 1112 as found on page 237 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

The following bills were read on Wednesday, January 23^rd, and today the Speaker assigned these bills to committee:

HB 1275 was referred to the Committee on State Affairs.

HB 1317 was referred to the Committee on Education.

HB 1318 Introduced by: The Committee on Commerce at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to provide options for those who elect continuation of health insurance.

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

HB 1319 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation for the purpose of making revolving loans to public entities for energy saving projects and to declare an emergency.

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

HB 1320 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to provide tax incentives for certain wind energy facilities and energy transmission equipment.

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

HB 1321 Introduced by: The Committee on Local Government

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses authorized for certain municipal facilities.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing and regulation of grain dealers and buyers.

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

SB 45: FOR AN ACT ENTITLED, An Act to revise the requirements regarding the licensing and regulation of public grain warehouses, to establish a grain warehouse fund, and to make a continuous appropriation from that fund.

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

SB 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of franchises and business opportunities.

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

SB 63: FOR AN ACT ENTITLED, An Act to require local law enforcement officers to provide certain information to repossession businesses under certain circumstances.

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

SB 87: FOR AN ACT ENTITLED, An Act to reduce the period of effectiveness for cease and desist orders issued to certain vehicle dealers.

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

SB 99: FOR AN ACT ENTITLED, An Act to exempt certain school districts from the requirement to reorganize due to low enrollment.

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

SB 124: FOR AN ACT ENTITLED, An Act to revise certain provisions related to format standards for real estate documents.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1010: FOR AN ACT ENTITLED, An Act to define telecommunication services for taxation purposes.

Was read the second time.

The question being "Shall HB 1010 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Elliott; Juhnke

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 1186: FOR AN ACT ENTITLED, An Act to revise the eligibility requirements for the opportunity scholarship by allowing a student to take the ACT or SAT test after graduating from high school.

Was read the second time.

The question being "Shall HB 1186 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Elliott; Juhnke

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 1078: FOR AN ACT ENTITLED, An Act to transfer in the code a section requiring certification for chemical dependency counselors and prevention specialists.

Was read the second time.

The question being "Shall HB 1078 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Elliott; Juhnke

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 1013: FOR AN ACT ENTITLED, An Act to remove certain waiting periods for property casualty filings.

Was read the second time.

The question being "Shall HB 1013 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Elliott; Juhnke

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 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment of additional funds to consolidated school districts and to declare an emergency.

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

Rep. Rhoden moved that HB 1051 be deferred to Friday, January 25^th, the 12^th legislative day.

Which motion prevailed.

HB 1105: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the recording and indexing of homestead descriptions.

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

The question being "Shall HB 1105 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

Excused:
Elliott; Juhnke; Putnam

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 permit the local board of equalization to remain in session for a sufficient period of time to consider property assessment appeals.

Was read the second time.

The question being "Shall HB 1125 pass?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

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

Excused:
Elliott; Juhnke; Putnam

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 1134: FOR AN ACT ENTITLED, An Act to revise the compensation of the members of recount boards.

Was read the second time.

The question being "Shall HB 1134 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

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

Excused:
Elliott; Hackl; Juhnke; Putnam

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 1042: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the definition of residency and the issuance of resident hunting, fishing, and trapping licenses.

Was read the second time.

The question being "Shall HB 1042 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

Excused:
Elliott; Juhnke; Putnam

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 revise the penalty for the distribution or possession with intent to distribute marijuana to a minor.

Was read the second time.

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

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

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

Excused:
Elliott; Juhnke

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 1093: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the custody, service, and earnings of children.

Was read the second time.

The question being "Shall HB 1093 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

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

Nays:
Bradford

Excused:
Elliott; Juhnke

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 1096: FOR AN ACT ENTITLED, An Act to authorize the court appointment of parenting coordinators in certain custody and visitation disputes.

Was read the second time.

The question being "Shall HB 1096 pass as amended?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

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

Nays:
Faehn; Pitts; Turbiville

Excused:
Elliott; Juhnke

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 1043: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exemptions to the boat numbering requirement.

Was read the second time.

The question being "Shall HB 1043 pass?"

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Wick; Willadsen; Speaker Deadrick

Nays:
Gilson; Howie; Moore; Nelson; Weems

Excused:
Elliott; Juhnke

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 1182: FOR AN ACT ENTITLED, An Act to revise certain provisions related to property tax assessments for elderly and disabled persons.

Was read the second time.

Rep. Noem moved that HB 1182 be amended as follows:

On page 2, line 17, of the printed bill, after "and" overstrike "all nontaxable income, including".

On page 2, line 22, after "interest" overstrike "received".

On page 2, line 23, overstrike "from the federal government or any of its instrumentalities".

Which motion prevailed.

The question being "Shall HB 1182 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

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

Nays:
Lust; Peters

Excused:
Elliott; Juhnke

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 1070: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

Was read the second time.

Rep. Gillespie moved that HB 1070 be deferred to Monday, January 28^th, the 13^th legislative day.

Rep. Hargens called for a division of the House.

The Speaker declared Rep. Gillespie's motion lost.

The question being "Shall HB 1070 pass?"

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

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

Nays:
Bradford; Gillespie; Hargens; Pederson (Gordon); Thompson

Excused:
Elliott; Juhnke

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

HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the permissible costs payable from the fire suppression special revenue fund.

Was read the second time.

Rep. Rhoden moved that HB 1071, 1170, 1156, 1174, 1090, 1169, 1181, 1008, 1114, 1118, and 1126 be deferred to Friday, January 25^th, the 12^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

The Committee on Local Government respectfully reports that it has had under consideration SB 2 and 3 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1216 and 1244 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Carol A. Pitts, Chair

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:19 p.m. the House adjourned.

Karen Gerdes, Chief Clerk