The prayer was offered by the Chaplain, Pastor Josh Baumann, followed by the Pledge of
Allegiance led by House page Tori Remington.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirtieth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 26, 2013, I approved House Bills 1006, 1023,
1034, 1052, 1086, 1106, 1140, 1157, and 1169, and the same have been deposited in the office
of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
Respectfully submitted, Respectfully submitted,
Stace Nelson Blaine Campbell
Lance Russell Dan Kaiser
Don Kopp
schools. All other appropriations are to be made by separate bills and require a two-thirds
majority to pass. Several items in HB 1060 do not meet the constitutional criteria specified
above for measures to be included in the general appropriations bill. Specifically, HB 1060
includes one-time unordinary appropriations for five million dollars on page 2, line 7 of the
original printed bill to repay monies related to a statute rejected by the voters in 2012's Referred
Law Number 14. The bill also includes one-time unordinary appropriations of approximately
six million dollars to implement the provisions of 2013's SB 70. HB 1060 was passed even after
this information was provided to the body during official debate. We therefore believe that the
passage of HB 1060 is in contravention of the Constitution, is null and void, promotes a practice
that undermines the very foundation of our State Constitution, and thus weakens the rule of law.
We respectfully request that this dissent be printed in the House Journal as required by Joint
Rule 1-10.
Respectfully submitted, Respectfully submitted,
Stace Nelson Bernie Hunhoff
Lance Russell Spencer Hawley
Dan Kaiser Betty Olson
Julie Bartling Peggy Gibson
Kevin Killer Karen Soli
The Committee on State Affairs respectfully reports that it has had under consideration
SB 200 and returns the same with the recommendation that said bill be amended as follows:
"makes an expenditure that makes a payment or promise of payment of one hundred dollars or
more, including an in-kind contribution, for a ".
On page 4, line 19, after "more" insert ", including an in-kind contribution,".
" Section 6. That chapter 37-30 be amended by adding thereto a NEW SECTION to read as
follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 232 which was tabled.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SJR 1 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 66 and 111 and returns the same with the recommendation that said bills do
pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 60, 61, and 62 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
The Committee on Education respectfully reports that it has had under consideration
SB 159 and 233 and returns the same with the recommendation that said bills be referred to the
Committee on Appropriations.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 15
and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
SB 138 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration SB 153
and returns the same with the recommendation that said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration SB 132
and 142 which were deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1013, 1014, 1015, 1016, 1049, 1110, 1112, 1115,
1116, 1162, and 1217 which have passed the Senate without change.
I have the honor to return herewith HCR 1007 in which the Senate has concurred.
I have the honor to return herewith HCR 1008 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SCR 6 which has been adopted by the Senate and
your concurrence is respectfully requested.
Rep. Hoffman moved that the House do concur in Senate amendments to HB 1048.
The question being on Rep. Hoffman's motion that the House do concur in Senate
amendments to HB 1048.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Heinert
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Hoffman moved that the House do concur in Senate amendments to HB 1058.
The question being on Rep. Hoffman's motion that the House do concur in Senate
amendments to HB 1058.
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
SCR 6: A CONCURRENT RESOLUTION, Requesting the Congress of the United States
to enact legislation that would reinstate the separation of commercial and investment banking
functions that were in effect under the Glass-Steagall Act (Banking Act of 1933).
Was read the first time and the Speaker waived the committee referral.
Which motion prevailed.
Rep. Lust moved that the reports of the Standing Committees on
Agriculture and Natural Resources on SB 59 as found on page 540 of the House Journal;
also
Transportation on SB 216 as found on page 541 of the House Journal; also
Local Government on SB 180 as found on page 542 of the House Journal be adopted.
Which motion prevailed.
SB 74: FOR AN ACT ENTITLED, An Act to require the forfeiture of preference points
for certain hunting licenses upon conviction of unlawfully killing, destroying, taking, or
possessing trophy animals.
Was read the second time.
The question being "Shall SB 74 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
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 198: FOR AN ACT ENTITLED, An Act to revise the membership of the Judicial
Qualifications Commission.
Was read the second time.
And the roll being called:
Yeas 65, Nays 5, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks;
Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser;
Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman;
Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring;
Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele;
Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wismer; Speaker Gosch
Nays:
Haggar (Don); Hansen; Nelson; Russell; 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.
SB 227: FOR AN ACT ENTITLED, An Act to revise provisions relating to the possession
of firearms on snowmobiles.
Was read the second time.
The question being "Shall SB 227 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
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.
Was read the second time.
The question being "Shall SB 83 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
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 147: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
domestic abuse and protection orders.
Was read the second time.
And the roll being called:
Yeas 52, Nays 18, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Erickson; Feickert;
Greenfield; Haggar (Don); Hansen; Heinemann (Leslie); Hickey; Hoffman; Hunhoff (Bernie);
Johns; Kaiser; Killer; Kirschman; Lust; Magstadt; May; Mickelson; Miller; Munsterman;
Nelson; Novstrup (David); Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum;
Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tyler; Verchio; Werner;
Westra; Wick; Wink; Speaker Gosch
Nays:
Campbell; Ecklund; Feinstein; Gibson; Haggar (Jenna); Hajek; Hawks; Hawley; Heinert; Kopp;
Latterell; Olson (Betty); Otten (Herman); Parsley; Schrempp; Steele; Tulson; Wismer
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 34: FOR AN ACT ENTITLED, An Act to provide for the sale of the state's interests
in certain real estate and improvements located at the Human Services Center campus.
Was read the second time.
The question being "Shall SB 34 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
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.
Was read the second time.
A roll call vote was requested and supported.
The question being on Rep. Rounds' motion that SB 119 be amended.
And the roll being called:
Yeas 31, Nays 39, Excused 0, Absent 0
Yeas:
Cammack; Craig; Cronin; Dryden; Duvall; Ecklund; Greenfield; Haggar (Don); Haggar (Jenna);
Johns; Kirschman; Kopp; Lust; May; Mickelson; Munsterman; Olson (Betty); Otten (Herman);
Qualm; Romkema; Rounds; Russell; Sly; Soli; Steele; Stevens; Tulson; Westra; Wick; Wink;
Speaker Gosch
Nays:
Bartling; Bolin; Campbell; Carson; Conzet; Erickson; Feickert; Feinstein; Gibson; Hajek;
Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie);
Kaiser; Killer; Latterell; Magstadt; Miller; Nelson; Novstrup (David); Parsley; Peterson;
Rasmussen; Ring; Rozum; Schaefer; Schoenfish; Schrempp; Solum; Stalzer; Tyler; Verchio;
Werner; Wismer
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question being "Shall SB 119 pass as amended?"
And the roll being called:
Yeas 50, Nays 20, Excused 0, Absent 0
Nays:
Conzet; Craig; Cronin; Duvall; Ecklund; Greenfield; Haggar (Don); Heinert; Hoffman; Johns;
Kirschman; May; Munsterman; Olson (Betty); Otten (Herman); Rounds; Stevens; Westra;
Wick; 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.
SB 84: FOR AN ACT ENTITLED, An Act to create the South Dakota Athletic
Commission and to provide for the supervision of boxing, kickboxing, mixed martial arts
competitions and sparring exhibitions in the state.
Was read the second time.
Pursuant to Joint Rule 1-5, the Speaker announced that Rep. Schrempp could not continue
to speak to SB 84 without the consent of a majority of the body.
The Speaker put said motion to a vote and the motion prevailed on a standing vote.
Section 2. No boxing, sparring, or professional wrestling matches or exhibitions may be
conducted, held, or given within the state except in accordance with the provisions of this Act.
Such boxing, sparring, or wrestling matches or exhibitions may be held in any building for
which the commission in its discretion may issue a license.
Section 5. Any person who knowingly advances or profits from a combative sport activity
is guilty of a Class 1 misdemeanor. Such person is guilty of a Class 6 felony if that person has
been convicted in the previous five years of violating this section.
Section 6. A person advances a combative sport activity when, acting other than as a
spectator, the person engages in conduct which materially aids any combative sport. Such
conduct includes conduct directed toward the creation, establishment, or performance of a
combative sport, toward the acquisition or maintenance of premises, paraphernalia, equipment,
or apparatus therefor, toward the solicitation or inducement of persons to attend or participate
therein, toward the actual conduct of the performance thereof, toward the arrangement of any
of its financial or promotional phases, or toward any other phase of a combative sport. One
advances a combative sport activity when, having substantial proprietary or other authoritative
control over premises being used with the person's knowledge for purposes of a combative sport
activity, the person permits such to occur or continue or makes no effort to prevent its
occurrence or continuation.
Section 7. A person profits from a combative sport activity when that person accepts or
receives money or other property with intent to participate in the proceeds of a combative sport
activity, or pursuant to an agreement or understanding with any person whereby that person
participates or is to participate in the proceeds of a combative sport activity.
Section 8. Any person who knowingly advances or profits from a combative sport activity is also subject to a civil penalty not to exceed for the first violation ten thousand dollars or twice the amount of gain derived therefrom whichever is greater, or for a subsequent violation twenty
thousand dollars or twice the amount of gain derived therefrom whichever is greater. The
attorney general is hereby empowered to commence judicial proceedings to recover such
penalties and to obtain injunctive relief to enforce the provisions of this section.
Section 9. The commission is hereby vested with the sole direction, control, and jurisdiction
over all contests and exhibitions held in the state of South Dakota.
Section 10. The commission shall promulgate rules pursuant to chapter 1-26 to:
Section 12. Exhibitions held in any city in this state shall be held in conformity to the
ordinances of that city, in addition to the requirements of this Act. No exhibition may be held
in a city where such exhibitions are prohibited by ordinance.
Section 13. Nothing in this Act prohibits or regulates:
Rep. Lust moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
And the roll being called:
Yeas 27, Nays 43, Excused 0, Absent 0
Yeas:
Bolin; Carson; Conzet; Craig; Duvall; Ecklund; Haggar (Jenna); Hansen; Heinemann (Leslie);
Hickey; Kopp; Latterell; Magstadt; Mickelson; Miller; Munsterman; Qualm; Rasmussen;
Romkema; Rozum; Schaefer; Stalzer; Steele; Stevens; Westra; Wick; Wink
Nays:
Bartling; Cammack; Campbell; Cronin; Dryden; Erickson; Feickert; Feinstein; Gibson;
Greenfield; Haggar (Don); Hajek; Hawks; Hawley; Heinert; Hoffman; Hunhoff (Bernie); Johns;
Kaiser; Killer; Kirschman; Lust; May; Nelson; Novstrup (David); Olson (Betty); Otten
(Herman); Parsley; Peterson; Ring; Rounds; Russell; Schoenfish; Schrempp; Sly; Soli; Solum;
Tulson; Tyler; Verchio; Werner; Wismer; Speaker Gosch
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
" Section 7. Each commission member shall have directors and officers liability insurance.
The Legislature may appropriate funding to provide for directors and officers liability insurance.
If the Legislature fails to appropriate funding for directors and officers liability insurance, each
commission member shall personally obtain directors and officers liability insurance coverage.".
A roll call vote was requested and supported.
And the roll being called:
Yeas 23, Nays 47, Excused 0, Absent 0
Yeas:
Bolin; Cammack; Carson; Conzet; Craig; Cronin; Duvall; Ecklund; Greenfield; Haggar (Don);
Haggar (Jenna); Hansen; Hickey; Kopp; Latterell; Lust; Mickelson; Munsterman; Sly; Stevens;
Westra; Wick; Wink
Nays:
Bartling; Campbell; Dryden; Erickson; Feickert; Feinstein; Gibson; Hajek; Hawks; Hawley;
Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman;
Magstadt; May; Miller; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Soli; Solum; Stalzer; Steele; Tulson; Tyler; Verchio; Werner; Wismer; Speaker
Gosch
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question being "Shall SB 84 pass as amended?"
And the roll being called:
Yeas 50, Nays 20, Excused 0, Absent 0
Yeas:
Bartling; Cammack; Conzet; Cronin; Dryden; Erickson; Feickert; Feinstein; Gibson; Greenfield;
Hajek; Hansen; Hawks; Hawley; Heinert; Hoffman; Hunhoff (Bernie); Johns; Killer;
Kirschman; Kopp; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup
(David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds;
Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Stevens; Tulson; Tyler; Verchio; Werner;
Wismer; Speaker Gosch
Nays:
Bolin; Campbell; Carson; Craig; Duvall; Ecklund; Haggar (Don); Haggar (Jenna); Heinemann
(Leslie); Hickey; Kaiser; Latterell; Romkema; Rozum; Solum; Stalzer; Steele; Westra; Wick;
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.
Was read the second time.
The question being "Shall SB 44 pass as amended?"
And the roll being called:
Yeas 50, Nays 20, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Carson; Conzet; Dryden; Duvall; Ecklund; Erickson; Feickert;
Feinstein; Gibson; Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hoffman;
Hunhoff (Bernie); Johns; Killer; Kirschman; Lust; Magstadt; Mickelson; Munsterman; Novstrup
(David); Otten (Herman); Parsley; Peterson; Rasmussen; Ring; Romkema; Rozum; Schaefer;
Schoenfish; Schrempp; Sly; Soli; Solum; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer
Nays:
Campbell; Craig; Cronin; Greenfield; Haggar (Don); Haggar (Jenna); Hickey; Kaiser; Kopp;
Latterell; May; Miller; Nelson; Olson (Betty); Qualm; Rounds; Russell; Stalzer; Steele; Speaker
Gosch
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 174: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to out-of-country foreign judgments.
Was read the second time.
The question being "Shall SB 174 pass as amended?"
And the roll being called:
Yeas 64, Nays 6, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek;
Hansen; Hawks; Hawley; Heinemann (Leslie); Hickey; Hoffman; Hunhoff (Bernie); Johns;
Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson;
Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen;
Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele;
Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
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 6: FOR AN ACT ENTITLED, An Act to determine whether factors affecting
productivity should be applied if the actual use of agricultural land does not correspond to the
soil classification standards.
Was read the second time.
The question being "Shall SB 6 pass?"
And the roll being called:
Yeas 59, Nays 8, Excused 3, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Duvall; Ecklund; Erickson;
Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Hajek; Hansen; Hawks; Hawley;
Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp;
Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Olson (Betty); Otten (Herman);
Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wink;
Wismer; Speaker Gosch
Nays:
Haggar (Jenna); Hickey; Kaiser; Latterell; Lust; Novstrup (David); Steele; Wick
Excused:
Carson; Dryden; Romkema
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 115: FOR AN ACT ENTITLED, An Act to increase the commercial fertilizer
inspection fee for purposes of fertilizer-related research and to create the Nutrient Research
Education Council to promote such research.
Was read the second time.
Rep. Lust moved the previous question.
Which motion prevailed.
And the roll being called:
Yeas 48, Nays 15, Excused 7, Absent 0
Yeas:
Bolin; Cammack; Campbell; Conzet; Craig; Duvall; Ecklund; Feickert; Feinstein; Gibson;
Greenfield; Haggar (Don); Hawks; Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie);
Johns; Killer; Kirschman; Magstadt; May; Miller; Munsterman; Olson (Betty); Otten (Herman);
Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Schaefer; Schoenfish; Schrempp;
Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wink
Nays:
Cronin; Erickson; Haggar (Jenna); Hajek; Hansen; Hickey; Kaiser; Kopp; Latterell; Lust;
Nelson; Novstrup (David); Russell; Wick; Speaker Gosch
Excused:
Bartling; Carson; Dryden; Hawley; Mickelson; Romkema; Wismer
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.
SB 106: FOR AN ACT ENTITLED, An Act to prohibit certain minors from using wireless
communication devices while operating motor vehicles upon the public highways.
Was read the second time.
" Section 4. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as
follows:
The question being "Shall SB 106 pass as amended?"
And the roll being called:
Yeas:
Bolin; Cammack; Conzet; Duvall; Ecklund; Feickert; Feinstein; Gibson; Hajek; Hawks;
Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman;
Lust; Magstadt; Munsterman; Otten (Herman); Parsley; Rasmussen; Ring; Rozum; Schaefer;
Schrempp; Sly; Soli; Steele; Tyler; Werner
Nays:
Campbell; Craig; Cronin; Erickson; Greenfield; Haggar (Don); Haggar (Jenna); Hansen; Kaiser;
Kopp; Latterell; May; Miller; Nelson; Novstrup (David); Olson (Betty); Peterson; Qualm;
Rounds; Russell; Schoenfish; Solum; Stalzer; Stevens; Tulson; Verchio; Westra; Wick; Wink;
Speaker Gosch
Excused:
Bartling; Carson; Dryden; Hawley; Mickelson; Romkema; Wismer
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Gibson announced her intention to reconsider the vote by which SB 106 lost.
SB 130: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
absentee voting.
Was read the second time.
The question being "Shall SB 130 pass as amended?"
And the roll being called:
Yeas 49, Nays 17, Excused 4, Absent 0
Yeas:
Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Duvall; Ecklund; Erickson; Greenfield;
Haggar (Don); Haggar (Jenna); Hajek; Hansen; Heinemann (Leslie); Hickey; Hoffman; Johns;
Kaiser; Kopp; Latterell; Lust; Magstadt; May; Miller; Munsterman; Nelson; Novstrup (David);
Olson (Betty); Otten (Herman); Qualm; Rasmussen; Rounds; Rozum; Russell; Schaefer;
Schoenfish; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick;
Wink; Speaker Gosch
Nays:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer;
Kirschman; Parsley; Peterson; Ring; Schrempp; Soli; Tyler; Wismer
Excused:
Carson; Dryden; Mickelson; Romkema
Rep. Lust moved that the balance of the calendar including SB 55, 199, 223, 10, 11, 158,
17, 166, 31, and 194 be deferred to Thursday, February 28, the 32nd legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1029 and 1117 were
delivered to his Excellency, the Governor, for his approval at 10:20 a.m., February 27, 2013.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1013, 1014, 1015, 1016, 1049, 1110, 1112, 1115,
1116, 1162, and 1217 and finds the same correctly enrolled.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 151 and has appointed Sens. Vehle, Krebs, and Frerichs as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
The Speaker appointed Reps. Verchio, Duvall, and Ring as a committee of three on the part
of the House to meet with a like committee on the part of the Senate to adjust the differences
between the two houses on SB 151.
HC 1025 Introduced by: Representatives Olson (Betty), Bartling, Bolin, Cammack,
Campbell, Craig, Cronin, Duvall, Ecklund, Feickert, Greenfield, Hansen, Heinert, Hoffman,
Hunhoff (Bernie), Johns, Kaiser, Kopp, Lust, May, Miller, Nelson, Peterson, Qualm, Russell,
Schaefer, Schrempp, Sly, Verchio, and Wink and Senators Maher, Begalka, Bradford, Brown,
Ewing, Frerichs, Jensen, Johnston, Jones, Kirkeby, Krebs, Lucas, Monroe, Otten (Ernie),
Rampelberg, Rhoden, Sutton, Vehle, and Welke
HC 1026 Introduced by: Representative Nelson and Senator Van Gerpen
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
6:35 p.m. the House adjourned.