JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 2, 2012

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

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House pages Courtney Chastain and Brittany Cihak.

Roll Call: All members present except Reps. Boomgarten, Elliott, Schrempp, and Vanneman 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 thirteenth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1117 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1153 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 1074 which was tabled.

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 41^st Legislative Day.

Respectfully submitted,
Charlie Hoffman, Vice Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 16 and 17 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 SB 63 and 64 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 Transportation respectfully reports that it has had under consideration HB 1257 and 1274 which were tabled.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1223 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1146, 1207, and 1256 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark K. Willadsen, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1017 and 1157 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 1051 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 12, of the printed bill, delete "six hundred fifty-seven" and insert "four hundred eighty-two".

On page 6, line 7, delete "section 1" and insert "sections 1 and 12".

On page 6, line 17, delete "sections 2 or 3" and insert "sections 2, 3, or 12".

On page 5, line 22, of the printed bill, delete "one hundred seventy-five thousand dollars ($175,000)" and insert "one hundred thirty-three thousand dollars ($133,000)".

On page 9, after line 11, insert:

" Section 13. On or before January 1, 2013, and each January first thereafter, until such time as the authorization granted herein expires or the authorized projects are completed, the Board of Regents shall provide a report to the Joint Committee on Appropriations regarding the status of the projects authorized in sections 2, 3, and 12 of this Act.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1166 and returns the same with the recommendation that said bill be referred to the Committee on State Affairs.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1106, 1161, 1164, and 1206 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1131, 1162, and 1172 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 1178 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1003, 1012, and 1013 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 22, 101, 102, and 149 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 2 Introduced by: Representatives 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; Novstrup, David; Olson, Betty; Perry; Rausch; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota to Kyle Anderson, Elliot Brunner, Nathan Burkhalter, Courtney Chastain, Brittany Cihak, Mackenzie Foss, Morgan Hemmingson, Melissa Hessman, Ashley Heupel, Lexi Jones, Elena Leitheiser, Tony Lyren, Elizabeth Magstadt, Alexa Moeller, Cassidy Trapp, Sandra Yoon.

WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-seventh Legislative Session; and

WHEREAS, the members of the Eighty-seventh House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Rep. Hoffman moved that House Page Resolution 2 be adopted.

Which motion prevailed and the resolution was adopted.

HCR 1005: A CONCURRENT RESOLUTION, Urging Congress to clearly delegate responsibility for the regulation of hydraulic fracturing to the states.

Rep. Jensen moved that HCR 1005 as found on page 273 of the House Journal be adopted.

The question being on Rep. Jensen's motion that HCR 1005 be adopted.

And the roll being called:

Yeas 50, Nays 16, Excused 4, Absent 0

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

Nays:
Blake; Dennert; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Street; Wismer

Excused:
Boomgarden; Elliott; Schrempp; Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

SCR 1: A CONCURRENT RESOLUTION, Honoring the University of South Dakota on its one hundred fiftieth anniversary.

Rep. Gosch moved that SCR 1 as found on pages 209 to 211 of the Senate Journal be concurred in.

The question being on Rep. Gosch's motion that SCR 1 be concurred in.

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Abdallah; Blake; Bolin; 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Boomgarden; Elliott; Schrempp; Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1128 as found on pages 270 and 271 of the House Journal; also

Judiciary on HB 1143 as found on pages 271 and 272 of the House Journal; also

Judiciary on HB 1181 as found on page 272 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 22: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the vacation or the change of location of county and township highways on school and public lands.

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

SB 101: FOR AN ACT ENTITLED, An Act to authorize counties to borrow money using promissory notes.

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

SB 102: FOR AN ACT ENTITLED, An Act to clarify the procedures for the apportionment of funds among townships.

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

SB 149: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the conditional release of persons charged with domestic abuse.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1171: FOR AN ACT ENTITLED, An Act to establish a board to regulate certain emerging complementary health professionals with no current state regulatory board.

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

Rep. Munsterman moved that HB 1171 be amended as follows:

On page 1, line 8, of the House Health and Human Services Committee engrossed bill, after "professions" insert ", with the approval of the Legislature,".

On page 1, line 10, before "." insert "by July 1 of the same year the Legislature approves the first profession to be licensed under the board".

On page 2, line 9, delete everything after "shall" and insert "report annually to the secretary of health on matters concerning emerging complementary health professions.".

On page 2, delete lines 10 to 11, inclusive.

On page 2, delete lines 15 to 24, inclusive.

On page 3, delete lines 1 to 24, inclusive.

On page 4, delete lines 1 to 15, inclusive.

A roll call vote was requested and supported.

The question being on Rep. Munsterman's motion that HB 1171 be amended.

And the roll being called:

Yeas 46, Nays 20, Excused 4, Absent 0

Yeas:
Bolin; Brunner; Carson; Conzet; Dennert; Dryden; Feickert; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kopp; Liss; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Stricherz; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Willadsen; Wink

Nays:
Abdallah; Blake; Cronin; Deelstra; Fargen; Feinstein; Gibson; Gosch; Hunhoff (Bernie); Jones; Kirschman; Kloucek; Lucas; Lust; Perry; Street; Tornow; Wick; Wismer; Speaker Rausch

Excused:
Boomgarden; Elliott; Schrempp; Vanneman

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1171 was so amended.

The question being "Shall HB 1171 pass as amended?"

And the roll being called:

Yeas 39, Nays 27, Excused 4, Absent 0

Yeas:
Bolin; Brunner; Dennert; Feickert; Greenfield; Haggar; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kopp; Liss; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Willadsen; Wink

Nays:
Abdallah; Blake; Carson; Conzet; Cronin; Deelstra; Dryden; Fargen; Feinstein; Gibson; Gosch; Hansen (Jon); Hawley; Hoffman; Jones; Kirschman; Kloucek; Lucas; Lust; Perry; Scott; Sigdestad; Street; Tornow; Wick; Wismer; Speaker Rausch

Excused:
Boomgarden; Elliott; Schrempp; Vanneman

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 1035: FOR AN ACT ENTITLED, An Act to allow the disclosure of the status of certain insurance investigations and examinations.

Was read the second time.

The question being "Shall HB 1035 pass as amended?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Boomgarden; Elliott; Schrempp; Vanneman

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. Solum moved that HB 1120 be deferred to Monday, February 6, the 15^th legislative day.

Which motion prevailed.

HB 1091: FOR AN ACT ENTITLED, An Act to revise the issuance of temporary nonresident waterfowl licenses.

Was read the second time.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall HB 1091 pass as amended?"

And the roll being called:

Yeas 29, Nays 37, Excused 4, Absent 0

Yeas:
Bolin; Brunner; Cronin; Dennert; Feickert; Greenfield; Haggar; Hoffman; Hubbel; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum; Russell; Schaefer; Sigdestad; Solum; Street; Tornow; Van Gerpen; Verchio; Wink

Nays:
Abdallah; Blake; Carson; Conzet; Deelstra; Dryden; Fargen; Feinstein; Gibson; Gosch; Hansen (Jon); Hawley; Hickey; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Lucas; Moser; Munsterman; Perry; Scott; Sly; Steele; Stricherz; Tulson; Turbiville; Venner; White; Wick; Willadsen; Wismer; Speaker Rausch

Excused:
Boomgarden; Elliott; Schrempp; Vanneman

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

HB 1183: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts for physical and occupational therapy services.

Was read the second time.

The question being "Shall HB 1183 pass as amended?"

And the roll being called:

Yeas 58, Nays 7, Excused 5, Absent 0

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

Nays:
Fargen; Hansen (Jon); Hawley; Kirschman; Perry; Willadsen; Wismer

Excused:
Boomgarden; Elliott; Kloucek; Schrempp; Vanneman

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 1190: FOR AN ACT ENTITLED, An Act to require Legislative approval before a health insurance exchange is created or implemented.

Was read the second time.

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

And the roll being called:

Yeas 45, Nays 21, Excused 4, Absent 0

Yeas:
Abdallah; Bolin; Brunner; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Venner; Verchio; Wick; Willadsen; Speaker Rausch

Nays:
Blake; Carson; Dennert; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Lucas; Perry; Scott; Sigdestad; Street; White; Wink; Wismer

Excused:
Boomgarden; Elliott; Schrempp; Vanneman

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 1029: FOR AN ACT ENTITLED, An Act to authorize the publication of the names of certain delinquent taxpayers.

Was read the second time.

The question being "Shall HB 1029 pass as amended?"

And the roll being called:

Yeas 61, Nays 3, Excused 6, Absent 0

Yeas:
Blake; Bolin; Carson; Conzet; Deelstra; Dennert; Dryden; 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; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Brunner; Liss; Olson (Betty)

Excused:
Abdallah; Boomgarden; Cronin; Elliott; Schrempp; Vanneman

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 1116: FOR AN ACT ENTITLED, An Act to exempt bedding used for agricultural purposes from sales and use taxes.

Was read the second time.

The question being "Shall HB 1116 pass as amended?"

And the roll being called:

Yeas 52, Nays 11, Excused 7, Absent 0

Yeas:
Blake; Brunner; Deelstra; Dennert; 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; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Olson (Betty); Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Van Gerpen; Venner; White; Wick; Wismer; Speaker Rausch

Nays:
Bolin; Carson; Conzet; Dryden; Lust; Novstrup (David); Perry; Romkema; Turbiville; Verchio; Willadsen

Excused:
Abdallah; Boomgarden; Cronin; Elliott; Schrempp; Vanneman; Wink

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 1158: FOR AN ACT ENTITLED, An Act to allow students attending nonpublic high schools to be eligible for the jump start scholarship program.

Was read the second time.

Rep. Hansen moved that HB 1158 be deferred to Tuesday, February 7, the 16^th legislative day.

Which motion prevailed.

HB 1121: FOR AN ACT ENTITLED, An Act to amend rate stability provisions to include plant additions.

Was read the second time.

The question being "Shall HB 1121 pass?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

Yeas:
Abdallah; Blake; Bolin; 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Russell

Excused:
Boomgarden; Elliott; Schrempp; Tornow; Vanneman; Wink

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 1125: FOR AN ACT ENTITLED, An Act to clarify the definition of engaging in business in certain circumstances.

Was read the second time.

The question being "Shall HB 1125 pass?"

And the roll being called:

Yeas 61, Nays 2, Excused 7, Absent 0

Yeas:
Abdallah; Blake; Bolin; Conzet; Cronin; Deelstra; Dennert; Dryden; 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); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Carson; Fargen

Excused:
Boomgarden; Brunner; Elliott; Schrempp; Tornow; Vanneman; Wink

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 amend provision limiting the time used to determine if a violation is a third or subsequent offense.

Was read the second time.

The question being "Shall HB 1114 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Yeas:
Abdallah; Blake; Bolin; 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Excused:
Boomgarden; Brunner; Elliott; Schrempp; Tornow; Vanneman; Wink

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 prohibit registered sex offenders from circulating petitions and to provide a penalty for the violation thereof.

Was read the second time.

The question being "Shall HB 1186 pass?"

And the roll being called:

Yeas 61, Nays 3, Excused 6, Absent 0

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

Nays:
Feinstein; Killer; Rozum

Excused:
Boomgarden; Brunner; Elliott; Schrempp; Vanneman; Wink

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

Rep. Lust moved that SB 3 and 55 be deferred to Monday, February 6, the 15^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1263 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 1150 and 1260 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Scott Munsterman, Vice Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1022, 1023, and 1025 were delivered to his Excellency, the Governor, for his approval at 8:50 a.m., February 2, 2012.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1003, 1012, and 1013 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1003: FOR AN ACT ENTITLED, An Act to revise the limitation on the increases and decreases that may be made to the total taxable value of cropland and noncropland.

HB 1012: FOR AN ACT ENTITLED, An Act to require public hearings for applications for oil and gas orders only if contested and to reduce the number of hearing notice publications required for oil and gas cases.

HB 1013: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes regarding the Department of Environment and Natural Resources.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:13 p.m. the House adjourned.

Karen Gerdes, Chief Clerk