House of Representatives Journal 1/26/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 26, 2012

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

The prayer was offered by the Chaplain, Pastor Mercy Hobbs, followed by the Pledge of Allegiance led by House pages Melissa Hessman and Sandra Yoon.

Roll Call: All members present except Reps. Vanneman and White 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 ninth 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,

Which motion prevailed.

The House of Representatives recognized Stephanie Uher who served the 2012 Legislature as a computer intern.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1018, 1036, and 1037 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Charlie Hoffman, Vice Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1040, 1042, 1043, and 1044 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1041 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 9, inclusive, and insert:

" Section 1. Notwithstanding the provisions of §§ 4-8-19, 13-37-40, and 13-37-45, any unencumbered funds appropriated from the state general fund by subdivision (3) of section 12 of chapter 23 of the 2011 Session Laws for state aid to special education, equal to an amount necessary to meet the federal maintenance of effort requirement, shall be carried forward to fiscal year 2013.".

On page 1, line 1, of the printed bill, delete everything after "authorize" and insert "a carryover of the fiscal year 2012 state aid to special education appropriation to fiscal year 2013 for the purpose of maintaining federal maintenance of effort levels.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1026 and 1027 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1171 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, delete "shall" and insert "may".

On page 2, line 8, delete ", which shall provide staff assistance to the board".

On page 2, line 14, after "emerging" insert "complementary".

On page 2, line 14, of the printed bill, delete "The" and insert "With approval by the Legislature, the".

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

On page 1 of the printed bill, delete lines 6 to 12, inclusive, and insert:

" The parent of a child expected to be born during, or immediately prior to, the scheduled jury duty or a mother breastfeeding a baby younger than one year may submit a written request for an exemption from jury duty to the clerk of court within ten days of receiving the summons for jury duty. A parent who gives written notice shall be exempt from jury duty if the baby is less than six weeks old. A mother shall be exempt from jury duty if she is breastfeeding a baby younger than one year.".

On page 1, line 1, of the printed bill, delete "postpone jury duty for" and insert "exempt breastfeeding mothers or new parents from jury duty.".

On page 1, delete line 2.

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

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1170 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1154 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, after "road" delete "district".

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 1104 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
David Novstrup, Vice Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1075 and 1078 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 18 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 Taxation respectfully reports that it has had under consideration HB 1101 and 1180 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark K. Willadsen, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1057, 1077, and 1094 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 1076 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, delete "tenure" and insert "term".

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

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1088 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, delete ". In" and insert "in".

On page 2, line 2, overstrike "shall" and insert "may".

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

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 15, 16, 17, 20, 30, 39, 41, and 43 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1005 as found on pages 207 and 208 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1242 Introduced by: Representatives Abdallah, Dennert, Feickert, Feinstein, Gibson, Gosch, Hubbel, Kirkeby, Kirschman, Lucas, Moser, Munsterman, Sigdestad, Street, Turbiville, and Wismer and Senators Krebs, Bradford, Cutler, Fryslie, Holien, Maher, Nelson (Tom), and Putnam

FOR AN ACT ENTITLED, An Act to revise the general appropriations act for fiscal year 2012 and to declare an emergency.

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

HB 1243 Introduced by: Representative Greenfield

FOR AN ACT ENTITLED, An Act to require that notice be provided before certain drainage activities are undertaken.

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

HB 1244 Introduced by: Representative Greenfield

FOR AN ACT ENTITLED, An Act to make an appropriation to the state aeronautics fund.

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

HB 1245 Introduced by: Representatives Greenfield, Hansen (Jon), Russell, Tulson, and Venner and Senator Maher

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension of a driver license for certain alcoholic beverage violations.

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

HB 1246 Introduced by: Representatives Feinstein, Blake, Haggar, Hawley, Hickey, Iron Cloud III, Jensen, Jones, Lucas, Magstadt, Sly, Steele, and Stricherz and Senators Buhl and Schlekeway

FOR AN ACT ENTITLED, An Act to prohibit the use of bisphenol A in certain products.

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

HB 1247 Introduced by: Representatives Abdallah, Gosch, Hawley, Kirkeby, Novstrup (David), and Willadsen and Senators Rhoden, Cutler, and Peters

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the voting rights of persons convicted of a felony or serving time in the state penitentiary.

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

HB 1248 Introduced by: Representatives Olson (Betty), Gosch, Hubbel, Kirkeby, Kopp, Nelson (Stace), Russell, Tornow, and Verchio and Senators Rhoden and Maher

FOR AN ACT ENTITLED, An Act to provide for exceptions from certain misdemeanor offenses relating to possession of handguns.

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

HB 1249 Introduced by: Representatives Nelson (Stace), Hubbel, Kirschman, Kloucek, Kopp, Russell, Schrempp, Tornow, Verchio, and Wick and Senators Holien, Kraus, Maher, Novstrup (Al), and Rhoden

FOR AN ACT ENTITLED, An Act to permit a probationer who is a registered sex offender to reside in an assigned halfway house or supervised living center within a community safety zone and to prohibit sex offenders who committed sexual offenses against children to qualify for certain residency exceptions.

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

HB 1250 Introduced by: Representatives Feickert, Kirschman, Sigdestad, Tulson, and Verchio and Senators Hundstad, Frerichs, and Maher

FOR AN ACT ENTITLED, An Act to permit counties and townships to levy a capital improvement property tax for highways, secondary roads, bridges, and culverts.

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

HB 1251 Introduced by: Representative Kopp

FOR AN ACT ENTITLED, An Act to provide for the award of joint physical custody of children under certain circumstances.

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

HB 1252 Introduced by: Representatives Gibson, Blake, Boomgarden, Gosch, Killer, Schrempp, and Wismer and Senators Bradford and Maher

FOR AN ACT ENTITLED, An Act to require the placement of fluorescent orange material on certain big game hunting blinds.

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

HB 1253 Introduced by: Representative Hunt

FOR AN ACT ENTITLED, An Act to prohibit the judicial enforcement of any religious codes.

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

HB 1254 Introduced by: Representatives Hunt, Brunner, Cronin, Greenfield, Haggar, Hansen (Jon), Hubbel, Jensen, Kloucek, Miller, Nelson (Stace), Olson (Betty), Sly, Stricherz, Van Gerpen, and Wick and Senators Kraus, Brown, Heineman, Hunhoff (Jean), Krebs, and Schlekeway

FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the decision of a pregnant mother considering termination of her relationship with her child by an abortion, to establish certain procedures to insure that such decisions are voluntary, uncoerced, and informed, and to revise certain causes of action for professional negligence relating to performance of an abortion.

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

HB 1255 Introduced by: Representatives Hunt, Brunner, Hansen (Jon), and Van Gerpen and Senator Kraus

FOR AN ACT ENTITLED, An Act to prohibit the enforcement of surrogacy arrangements.

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

HB 1256 Introduced by: Representatives Kloucek, Feickert, Schaefer, Schrempp, and Sigdestad and Senators Hundstad and Frerichs

FOR AN ACT ENTITLED, An Act to repeal the contractor's excise tax.

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

HB 1257 Introduced by: Representative Kloucek at the request of the Constituents

FOR AN ACT ENTITLED, An Act to provide for the disposal of the Napa Junction to Platte segment of the state-owned rail system.

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

HB 1258 Introduced by: Representatives Russell, Hubbel, Jensen, Kopp, Liss, and Nelson (Stace) and Senators Begalka, Lederman, Maher, and Sutton

FOR AN ACT ENTITLED, An Act to clarify certain statutes prohibiting political subdivisions from restricting firearms.

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

HB 1259 Introduced by: Representatives Hubbel, Jensen, Magstadt, Olson (Betty), Russell, and Venner and Senators Maher and Begalka

FOR AN ACT ENTITLED, An Act to provide an exception to vaccination requirements for personal beliefs.

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

HB 1260 Introduced by: Representatives Hubbel, Jensen, Magstadt, Nelson (Stace), Olson (Betty), Schaefer, and Venner and Senators Begalka and Maher

FOR AN ACT ENTITLED, An Act to repeal the authority the director of the Division of Insurance has to promulgate rules governing use of genetic information and to enact certain provisions regarding the use of genetic information.

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

HB 1261 Introduced by: Senators Adelstein, Brown, Haverly, Lederman, Maher, Nelson (Tom), Peters, Rampelberg, and Rhoden and Representatives Brunner, Cronin, Hansen (Jon), Kirkeby, Liss, Olson (Betty), Tornow, Turbiville, and Willadsen

FOR AN ACT ENTITLED, An Act to prohibit collective bargaining by public employees.

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

HB 1262 Introduced by: Representatives Romkema, Tulson, and Turbiville and Senator Nelson (Tom)

FOR AN ACT ENTITLED, An Act to provide a license for certain small scale mechanized mining operations.

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

HB 1263 Introduced by: Representatives Deelstra, Abdallah, Hansen (Jon), Jensen, Munsterman, Nelson (Stace), and Russell and Senators Peters, Cutler, Haverly, and Novstrup (Al)

FOR AN ACT ENTITLED, An Act to provide for mandatory HIV testing for any person convicted of prostitution or solicitation of prostitution and to provide for appropriate utilization of the test results.

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

HB 1264 Introduced by: Representatives Sly, Abdallah, Cronin, Dryden, Fargen, Greenfield, Hansen (Jon), Hoffman, Hunhoff (Bernie), Kirkeby, Lust, Magstadt, Moser, Nelson (Stace), Rozum, Street, Turbiville, Verchio, and Wick and Senators Schlekeway, Begalka, Brown, Fryslie, Hunhoff (Jean), Kraus, Lederman, Putnam, Rampelberg, Rhoden, and Tidemann

FOR AN ACT ENTITLED, An Act to amend the mandatory reporting requirements regarding child abuse.

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

HB 1265 Introduced by: Representative Fargen and Senator Olson (Russell)

FOR AN ACT ENTITLED, An Act to expand the scope of the Governor's house program.

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

HB 1266 Introduced by: Representatives Tulson, Gosch, Hubbel, Jensen, Magstadt, Moser, Rausch, Venner, and Wick and Senators Rhoden, Begalka, and Novstrup (Al)

FOR AN ACT ENTITLED, An Act to reduce the period of time necessary to cure and validate certain adoption proceedings.

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

HB 1267 Introduced by: Representatives Stricherz, Conzet, Gibson, Haggar, Hickey, Hubbel, Magstadt, Miller, Rozum, and Van Gerpen and Senator Buhl

FOR AN ACT ENTITLED, An Act to provide for the establishment and maintenance of a felony domestic violence registry and to provide certain penalties for the violation thereof.

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

HB 1268 Introduced by: Representatives Kirkeby, Brunner, Deelstra, Hickey, Hubbel, Kopp, Munsterman, Olson (Betty), Venner, and Verchio and Senators Lederman, Maher, and Rampelberg

FOR AN ACT ENTITLED, An Act to require certain persons applying or receiving certain Medicaid financial aid or assistance from the state to submit to drug tests to check for use of controlled substances.

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

HB 1269 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to disasters and to pine beetle suppression and to declare an emergency.

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

HB 1270 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise the time period for which unclaimed property is presumed abandoned and to revise certain provisions regarding the publication notice of unclaimed property.

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

HB 1271 Introduced by: Representative Gosch and Senator Cutler

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to insurance policies.

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

HB 1272 Introduced by: Representatives Haggar, Bolin, Hansen (Jon), Kirkeby, Kirschman, Moser, Munsterman, Vanneman, and Wick and Senators Lederman, Begalka, Hansen (Tom), Juhnke, and Maher

FOR AN ACT ENTITLED, An Act to allow the sale of health benefit plans approved in select other states to be sold in South Dakota and to grant the director authority to pursue a multi-state consortium to grant automatic reciprocity for the sale of health benefit plans approved by the participating consortium states.

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

HB 1273 Introduced by: Representatives Haggar, Abdallah, Conzet, Gosch, Hansen (Jon), Magstadt, Turbiville, and Wick and Senators Holien, Brown, Novstrup (Al), and Rave

FOR AN ACT ENTITLED, An Act to prohibit the sale of loose leaf incense to minors, to prohibit certain marketing techniques, to regulate the sale of certain types of incense, and to provide penalties therefor.

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

HB 1274 Introduced by: Representative Hansen (Jon)

FOR AN ACT ENTITLED, An Act to revise the distance within which a school district may charge a fee for providing bus transportation to students.

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

HJR 1008 Introduced by: Representatives Feinstein and Deelstra and Senators Frerichs and Cutler

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and term limits.

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

HJR 1009 Introduced by: Representatives Wick, Bolin, Brunner, Cronin, Deelstra, Haggar, Hansen (Jon), Hickey, Hoffman, Hunt, Jensen, Kirkeby, Kopp, Lust, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Rausch, Romkema, Russell, Scott, Sly, Steele, Stricherz, Tulson, Turbiville, Van Gerpen, Venner, Verchio, White, and Willadsen and Senators Novstrup (Al), Brown, Gray, Haverly, Holien, Johnston, Juhnke, Kraus, Maher, Olson (Russell), Peters, Putnam, Rhoden, and Tieszen

A JOINT RESOLUTION, Requesting appropriate action by the Congress, either acting by consent of two-thirds of both houses thereof or, upon the application of the legislatures of two-thirds of the several states, calling a constitutional convention therefor to propose an amendment to the Constitution of the United States to require, with certain exceptions, that the total of all federal appropriations may not exceed the total of all estimated federal revenues in any fiscal year.

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

HJR 1010 Introduced by: Representatives Venner and Jensen

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 12 of the Constitution of the State of South Dakota, relating to legislative qualifications.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the treatment of persons with mental illness, including consent to treatment.

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

SB 16: FOR AN ACT ENTITLED, An Act to define a final stage manufacturer dealer and to provide for licensing of final stage manufacturer dealers.

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

SB 17: FOR AN ACT ENTITLED, An Act to require certain fuel tax returns and reports to be filed by electronic means and to require certain fuel taxes to be remitted by electronic transfer.

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

SB 20: FOR AN ACT ENTITLED, An Act to allow returns and return information to be disclosed to officers, employees, and legal representatives of the Office of the Attorney General and other state agencies and departments.

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

SB 30: FOR AN ACT ENTITLED, An Act to allow for the development of an alternative benefit enhancement methodology within the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 39: FOR AN ACT ENTITLED, An Act to expand the definition of victim for the purposes of certain written victim impact statements.

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

SB 41: FOR AN ACT ENTITLED, An Act to authorize retailers to choose whether to submit pseudoephedrine purchase records electronically or in writing.

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

SB 43: FOR AN ACT ENTITLED, An Act to criminalize the failure to report the death or disappearance of a child within a specified time by certain persons responsible for the care of the child.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1071: FOR AN ACT ENTITLED, An Act to increase the benefits that the Insurance Guarantee Association may become obligated to cover for annuities.

Was read the second time.

The question being "Shall HB 1071 pass?"

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; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Venner; Verchio; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Novstrup (David); Vanneman; White

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 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regulating the investment of unneeded state operating expenses in banks.

Was read the second time.

The question being "Shall HB 1097 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Novstrup (David); Vanneman; White

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

SB 12: FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2011.

Was read the second time.

The question being "Shall SB 12 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Novstrup (David); Vanneman; White

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Tornow moved that HB 1046 be placed to follow HB 1119 on today's calendar.

Which motion prevailed.

HB 1009: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to licenses issued by the Board of Pharmacy.

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

The question being "Shall HB 1009 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Novstrup (David); Vanneman; White

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 1055: FOR AN ACT ENTITLED, An Act to allow for joint physical custody orders after a court awards joint legal custody if in the best interest of the child.

Was read the second time.

The question being "Shall HB 1055 pass?"

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Greenfield; Jensen; Liss; Nelson (Stace); Russell; Steele; Tornow; Venner; Verchio

Excused:
Novstrup (David); Vanneman; White

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

HB 1065: FOR AN ACT ENTITLED, An Act to repeal the requirement that the Unified Judicial System set forth a schedule for all fees paid directly to court reporters in its annual consolidated budget.

Was read the second time.

The question being "Shall HB 1065 pass?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

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

Nays:
Russell

Excused:
Novstrup (David); Vanneman; White

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 1095: FOR AN ACT ENTITLED, An Act to revise the procedure for the discharge of civil judgments against a person who has received a discharge of debt pursuant to the United States Code, Title 11.

Was read the second time.

The question being "Shall HB 1095 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Novstrup (David); Vanneman; White

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 specify the venue for certain appeals involving home-rule municipalities.

Was read the second time.

The question being "Shall HB 1096 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Novstrup (David); Vanneman; White

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 1112: FOR AN ACT ENTITLED, An Act to prohibit any person who fails to file certain campaign finance documents to be a candidate for office.

Was read the second time.

Rep. Hansen moved that HB 1112 be deferred to Monday, January 30, the 11^th legislative day.

Which motion prevailed.

HB 1079: FOR AN ACT ENTITLED, An Act to revise certain publication date citations for references to the International Building Code.

Was read the second time.

The question being "Shall HB 1079 pass?"

And the roll being called:

Yeas 62, Nays 5, Excused 3, Absent 0

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

Nays:
Abdallah; Hubbel; Hunt; Miller; Nelson (Stace)

Excused:
Novstrup (David); Vanneman; White

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 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning mechanical pull-tab devices.

Was read the second time.

The question being "Shall HB 1119 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Novstrup (David); Vanneman; White

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 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child custody during a soldier's deployment.

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

Rep. Tornow moved that HB 1046 be amended as follows:

On page 2, line 4, of the House Judiciary Committee engrossed bill, after "substantial" insert "and material".

On page 2, line 5, delete "circumstance" and insert "circumstances".

On page 2, delete lines 16 to 18, inclusive, and insert "prior to the deployment. However, if upon return from deployment the servicemember exhibits a substantial and material change in circumstances which adversely affects the servicemember's ability to adequately care for the child, the best interests of the child shall be determinative.".

Which motion prevailed.

The question being "Shall HB 1046 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Novstrup (David); Vanneman; White

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.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:07 p.m. the House adjourned.

Karen Gerdes, Chief Clerk