JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 11, 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 Diane Jackson, followed by the Pledge of Allegiance led by House pages Daniel Enge and Lauren Hauck.

     Roll Call: All members present except Reps. Gassman and Gilson 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 twentieth 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.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1310 and returns the same with the recommendation that said bill be amended as follows:

1310fa

     On page 1, line 12, of the printed bill, delete "fifty" and insert "twenty".

    And returns the same without recommendation.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1151 which was tabled.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1292 which was tabled.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1197 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 1311 and returns the same with the recommendation that said bill be amended as follows:

1311jc

     On page 1, line 7, of the printed bill, delete "prior notification of, and the documented informed consent of," and insert "notification of".

     On page 2, line 1, of the printed bill, after "." insert "The provisions of this section do not apply to any prescription dispensed for any person receiving services at a hospital, a nursing facility, or an assisted living center as defined in chapter 34-12, or to any person receiving services at the South Dakota Developmental Center, the South Dakota Human Services Center, or a residential facility of a local mental health center.".

1311jd

     On the previously adopted amendment (1311jc), delete the first instruction.

     On page 1 of the printed bill, delete line 7, and insert "notification to the".

1311je

     On the previously adopted amendment (1311jd), delete the second instruction.

     On page 1 of the printed bill, delete lines 6 and 7, and insert "If any pharmacist interchanges an anti-epileptic drug, the pharmacist shall notify the".

1311jtb

     On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "require notification if a pharmacist interchanges an anti-epileptic drug.".

     On page 1, delete line 2.

    And that as so amended said bill do NOT pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1165 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair


 Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1076 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill be amended as follows:

1084me

     On page 1, line 12, of the printed bill, delete " one hundred twenty-seven million nine hundred thousand " and insert " one hundred thirty million one hundred thousand ".

     On page 2, line 10, delete " one " and insert " five ".

     On page 2, line 17, delete " nineteen million seven hundred thousand " and insert " twenty million five hundred thousand ".

     On page 2, between lines 19 and 20, insert:

"      Section 5. That subdivision (2) of section 4 of chapter 110 of the 2005 Session Laws be amended to read as follows:

             (2)    The renovation of the Myklebust Recreational Center at the South Dakota School for the Deaf in Sioux Falls, South Dakota, for an estimated cost of five hundred sixty-six thousand five hundred twenty eight hundred thirty-eight thousand one hundred ninety-two dollars, of which five hundred sixteen thousand five hundred twenty dollars ($516,520) seven hundred eighty-eight thousand one hundred ninety-two dollars ($788,192) are appropriated from other funds available to the School for the Deaf and fifty thousand dollars ($50,000) are appropriated from moneys allocated to this project by the Bureau of Administration from the statewide maintenance and repair fund established in §  5-14-30.".

1084mf

     On page 2, between lines 19 and 20 of the printed bill, insert:

"      Section 5. That section 8 of chapter 110 of the 2005 Session Laws be repealed.

     Section 8. The Building Authority and the Board of Regents may accept, transfer, and expend any property or funds obtained for these purposes from federal sources, gifts, contributions, or any other source, all of which shall be deemed appropriated to the projects authorized by this Act in addition to the amounts otherwise authorized by this Act.
     Section 6. That chapter 110 of the 2005 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

     Section 13A. The Board of Regents shall account for each expenditure related to projects authorized in this Act on the state's central accounting system. Each project shall be accounted for and reported separately.".

     On page 2, delete lines 20 to 24, inclusive.

     On page 3, delete lines 1 to 10, inclusive.

    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 1085 and returns the same with the recommendation that said bill be amended as follows:

1085mc

     On page 4, line 16, of the printed bill, delete "forty-two million" and insert "thirty-two million five hundred thousand".

     On page 4, line 18, after "paid" insert "from higher education facility fees or".

     On page 4, line 19, delete "thirty-two million five" and insert "forty-two million".

     On page 4, line 20, delete "hundred thousand".

1085md

     On page 3 of the printed bill, delete lines 15 to 20, inclusive.

     On page 4, delete lines 1 to 5, inclusive.

    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 1087 and returns the same with the recommendation that said bill be amended as follows:

1087ba

     On page 3 of the printed bill, delete lines 15 to 21, inclusive.

1087ab

     On page 2, between lines 3 and 4 of the printed bill, insert:

"    Development and Improvement, Parks and Recreation

    Operating Expenses, Federal Funds, delete "$4,569,954" and insert "$5,459,954".


1087mb

     On page 3, between lines 1 and 2 of the printed bill, insert:

"    University of South Dakota Proper

    F.T.E. delete "1,166.9" and insert "1,172.9"

Adjust all totals accordingly.

     University of South Dakota School of Medicine

     Personal Services, Federal Funds, delete "$5, 944,751" and insert "$5,994,751"

     Operating Expenses, Federal Funds, delete "$10,910,268" and insert "$11,210,268"

Adjust all totals accordingly.

     South Dakota State University Proper

     Personal Services, Federal Funds, delete "$6,123,062" and insert "$6,723,062"

    Operating Expenses, Federal Funds, delete "$14,971,290" and insert "$16,371,290", and Other Funds, delete "$49,789,899" and insert "$50,789,899"

Adjust all totals accordingly.

     Dakota State University

     Personal Services, Other Funds, delete "$7,882,889" and insert "$8,157,889"

    Operating Expenses, Federal Funds, delete "$2,191,307" and insert "$2,291,307", and Other Funds, delete "$8,078,409" and insert "$8,503,409".

Adjust all totals accordingly.

     South Dakota School for the Deaf

     Operating Expenses, Other Funds, delete "$395,950" insert "$526,409"

Adjust all totals accordingly.

     South Dakota School for the Blind and Visually Impaired

     Operating Expenses, Other Funds, delete "$237,124" and insert "$362,124"

Adjust all totals accordingly.".


1087bta

     On page 1, line 4, of the printed bill, after "Services," insert "and".

     On page 1, line 5, delete ", and the Unified Judicial System".

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1302 and returns the same with the recommendation that said bill be amended as follows:

1302ja

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

"      Section 1. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as follows:

     If a family service specialist employed by the Division of Child Protection Services within the department is contacted by a relative about the relative's desire to take temporary or permanent placement of an alleged or adjudicated abused or neglected child who has been removed from the child's parent, guardian, or custodian, the division shall document the contact in the child's file. The division shall send information to the relative within five business days informing the relative of the steps required in order for the relative to be considered for placement. The information shall be sent by first class mail to the last known address of the relative. Nothing in this section prohibits the division from contacting any other person or agency regarding placement of the child."
1302jta

     On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "establish notification requirements for certain relatives of children in the custody of the Department of Social Services.".

     On page 1, delete line 2.

    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  1207 which was tabled.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1196 and 1304 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1290 and 1318 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1136 and returns the same with the recommendation that said bill be amended as follows:

1136ja

     On page 1, line 8, of the printed bill, after " of " insert " the ".

     On page 1, line 10, delete " each person interested " and insert " at least one owner of ".

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

1136sa

     In the previously adopted amendment (1136ja), delete the last two instructions.

     On page 2, line 2, remove the overstrikes from " each person interested in ".

     On page 2, line 2, delete " at least one owner ".

     On page 2, line 3, delete " of ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1308 which was tabled.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1189 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1052, 1053, 1065, 1073, 1075, 1130, 1131, and 1170 which have passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1005: A CONCURRENT RESOLUTION, To declare March 29, 2008, as Vietnam Veterans Day, in South Dakota.

     Rep. Gillespie moved that HCR 1005 as found on page 460 of the House Journal be adopted.


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

     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; Elliott; Engels; Faehn; Feinstein; Gillespie; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); 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:
Gassman; Gilson; Nygaard; Putnam

     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.

     Rep. Heineman moved that SCR 4 be deferred to Thursday, February 14th, the 24th legislative day.

     Which motion prevailed.

     Rep. Deadrick moved that the House do concur in Senate amendments to HB 1001.

     The question being on Rep. Deadrick's motion that the House do concur in Senate amendments to HB 1001.

     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; Elliott; Engels; Faehn; Feinstein; Gillespie; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); 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:
Gassman; Gilson; Nygaard

     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. Peters moved that the House do concur in Senate amendments to HB 1109.

     The question being on Rep. Peters' motion that the House do concur in Senate amendments to HB 1109.

     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; Elliott; Engels; Faehn; Feinstein; Gillespie; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); 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:
Gassman; Gilson; Nygaard

     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.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on HB 1142 as found on pages 450 and 451 of the House Journal ; also

     Commerce on HB 1283 as found on pages 451 to 453 of the House Journal ; also

     Commerce on HB 1294 as found on pages 453 to 455 of the House Journal ; also

     Taxation on HB 1307 as found on pages 455 and 456 of the House Journal ; also

     Appropriations on HB 1178 as found on pages 456 and 457 of the House Journal ; also

     Appropriations on HB 1179 as found on page 457 of the House Journal ; also

     Appropriations on HB 1267 as found on page 457 of the House Journal ; also

     Education on HB 1230 as found on page 469 of the House Journal ; also

     Education on HB 1251 as found on pages 469 to 471 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Rep. Hunt moved that the word NOT be stricken from the report of the Committee on Health and Human Services on HB 1155 as found on page 455 of the House Journal and that the bill be placed on tomorrow's calendar.

     The question being on Rep. Hunt's motion that the word NOT be stricken from the report of the Committee on Health and Human Services on HB 1155 and that the bill be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 31, Nays 36, Excused 3, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Davis; Dennert; DeVries; Elliott; Engels; Feinstein; Gosch; Hackl; Howie; Hunt; Jerke; Koistinen; Krebs; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Pitts; Rhoden; Sigdestad; Steele; Street; Thompson; Van Norman; Weems

     Nays:
Boomgarden; Buckingham; Burg; Carson; Cutler; Dreyer; Dykstra; Faehn; Gillespie; Glenski; Halverson; Hargens; Haverly; Heineman; Hills; Juhnke; Kirkeby; Lucas; Lust; McLaughlin; Miles; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rounds; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Wick; Willadsen; Speaker Deadrick

     Excused:
Gassman; Gilson; Nygaard

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1265: FOR AN ACT ENTITLED, An Act to prohibit the sale, purchase, use, or possession of alcohol without liquid devices.

     Was read the second time.

     The question being "Shall HB 1265 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; Elliott; Engels; Faehn; Feinstein; Gillespie; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); 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:
Gassman; Gilson; Nygaard

     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 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the promulgation of rules to set various licensing and other fees for certain professions and occupations.

     Was read the second time.

     The question being "Shall HB 1107 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; Elliott; Engels; Faehn; Feinstein; Gillespie; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); 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:
Gassman; Gilson; Nygaard

     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 1245: FOR AN ACT ENTITLED, An Act to clarify certain purposes and characteristics of water development districts, to revise the boundaries of the Central Plains, East Dakota, Vermillion Basin, James River, and South Central water development districts, and to revise provisions related to the board of directors in the affected districts.

     Was read the second time.

1245tc

     Rep. Dykstra moved that HB 1245 be amended as follows:

     On page 1 of the House State Affairs Committee engrossed bill, delete lines 6 to 12, inclusive, and insert:

"      Section 1. That § 46A-3A-2 be amended to read as follows:

     46A-3A-2.   The Central Plains Water Development District is hereby established. The Central Plains Water Development District includes all of Faulk, Hand, Hughes, Hyde, Potter, and Sully counties and all municipalities that lie wholly or partially within the included area or that are contiguous to the included area.

     Section 2. That § 46A-3A-3 be amended to read as follows:

     46A-3A-3.   The East Dakota Water Development District is hereby established. The East Dakota Water Development District includes all of Minnehaha, Moody, Lake, Kingsbury, Brookings, Hamlin, Deuel, Codington and Grant counties; Grafton, Belleview, Adams, Henden, Howard, Clearwater, Canova and Vermillion townships in Miner County; Liberty, Nutley, Kosciusko, Raritan, Grenville, Webster, Racine, Waubay, Rusk, Morton, Central Point, Highland, Wheatland, and Egeland townships in Day County; and all municipalities that are wholly or partially within the included area or that are contiguous to the included area.


     Section 3. That § 46A-3A-4 be amended to read as follows:

     46A-3A-4.   The James River Water Development District is hereby established. The James River Water Development District includes all of Brown, Spink, Beadle, Sanborn, Davison, Edmunds, Hand, Hanson, Hutchinson, Marshall, and Yankton counties ; Farmington, Homer, Independence, Andover, Union, Lynn, Bristol, Kidder, Scotland, Valley, Butler, Oak, Troy, and York townships in Day County; Redstone, Carthage, Miner, Green Valley, Clinton, Roswell, Beaver, and Rock Creek townships in Miner County; and Pleasant Valley, Bristol, Belford, Cooper, Firesteel, Palatine, Plankinton, Hopper, Pleasant Lake, Dudley, and Aurora townships in Aurora County .

     Section 4. That § 46A-3A-5 be amended to read as follows:

     46A-3A-5.   The South Central Water Development District is hereby established. The South Central Water Development District includes all of Charles Mix, Brule, Buffalo, Bon Homme, Douglas, and Gregory counties ; Patten, Lake, White Lake, Eureka, Gales, Crystal Lake, Washington, Center, and Truro townships in Aurora County; and the portion of Lyman County south of the White River. ".


     On page 2, delete lines 1 to 24, inclusive.

     On page 3, delete lines 1 to 18, inclusive.

     Which motion prevailed.

     The question being "Shall HB 1245 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 25, Excused 3, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Burg; Carson; Cutler; Dennert; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gillespie; Glenski; Halverson; Hargens; Heineman; Hills; Howie; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; Miles; Moore; Nelson; Olson (Russell); Pitts; Rave; Rhoden; Street; Thompson; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Speaker Deadrick

     Nays:
Boomgarden; Buckingham; Davis; DeVries; Gosch; Hackl; Haverly; Hunt; Koistinen; McLaughlin; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rounds; Sigdestad; Steele; Tidemann; Vanneman; Willadsen

     Excused:
Gassman; Gilson; Nygaard

     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 1148: FOR AN ACT ENTITLED, An Act to exempt the land application of certain solid waste used for irrigation purposes from requirements related to large-scale solid waste facilities.

     Was read the second time.

     The question being "Shall HB 1148 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Faehn; Feinstein; Gillespie; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; 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:
Engels

     Excused:
Gassman; Gilson

     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 1171: FOR AN ACT ENTITLED, An Act to authorize the hunting of mountain lions as predator/varmints in certain areas of the state.

     Was read the second time.

     Rep. Dykstra moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1171 pass?"

     And the roll being called:

     Yeas 26, Nays 42, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Davis; DeVries; Dykstra; Gosch; Hackl; Haverly; Howie; Jerke; Juhnke; Koistinen; Krebs; Nelson; Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Rave; Rhoden; Steele; Van Norman; Vanneman; Vehle; Weems; Speaker Deadrick

     Nays:
Ahlers; Bradford; Buckingham; Burg; Carson; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Feinstein; Gillespie; Glenski; Halverson; Hargens; Heineman; Hills; Hunt; Kirkeby; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rounds; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Wick; Willadsen

     Excused:
Gassman; Gilson

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

     HB 1225: FOR AN ACT ENTITLED, An Act to direct the Department of Education to undertake a study of the state's school districts and the efficiency of the statewide delivery of education services to the state's students.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1225 pass?"

     And the roll being called:

     Yeas 18, Nays 50, Excused 2, Absent 0

     Yeas:
Brunner; Buckingham; Cutler; Glenski; Heineman; Howie; Juhnke; Lust; McLaughlin; Novstrup (Al); Novstrup (David); Pederson (Gordon); Peters; Pitts; Steele; Van Etten; Weems; Wick

     Nays:
Ahlers; Boomgarden; Bradford; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gillespie; Gosch; Hackl; Halverson; Hargens; Haverly; Hills; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Willadsen; Speaker Deadrick

     Excused:
Gassman; Gilson

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

     HB 1242: FOR AN ACT ENTITLED, An Act to require the Department of Education and the Board of Regents to establish certain programs for children who are deaf and hard-of- hearing.

     Was read the second time.

     The question being "Shall HB 1242 pass?"

     And the roll being called:

     Yeas 43, Nays 25, Excused 2, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Buckingham; Burg; Cutler; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Feinstein; Gillespie; Gosch; Halverson; Hargens; Haverly; Heineman; Hills; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Moore; Nelson; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Peters; Pitts; Putnam; Sigdestad; Steele; Street; Thompson; Tidemann; Van Etten; Van Norman; Weems; Wick

     Nays:
Boomgarden; Carson; Davis; Faehn; Glenski; Hackl; Howie; Hunt; Juhnke; Lust; McLaughlin; Miles; Noem; Olson (Betty); Olson (Ryan); Pederson (Gordon); Rausch; Rave; Rhoden; Rounds; Turbiville; Vanneman; Vehle; Willadsen; Speaker Deadrick

     Excused:
Gassman; Gilson

     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 1300: FOR AN ACT ENTITLED, An Act to require the Department of Education to develop a framework for a high school for the twenty-first century, and to require high schools to report on activities and results relative to that framework.

     Was read the second time.

     Rep. Heineman moved that HB 1300 be deferred to Tuesday, February 12th, the 22nd legislative day.

     Which motion prevailed.

     HB 1293: FOR AN ACT ENTITLED, An Act to provide for the removal of dead deer from certain highways.

     Was read the second time.

     The question being "Shall HB 1293 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; Elliott; Engels; Faehn; Feinstein; Gillespie; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; 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:
Gassman; Gilson

     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 1306: FOR AN ACT ENTITLED, An Act to allow certain students to participate in the opportunity scholarship program under certain circumstances.

     Was read the second time.

     The question being "Shall HB 1306 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 33, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Davis; DeVries; Elliott; Glenski; Gosch; Hackl; Haverly; Hills; Howie; Hunt; Jerke; Juhnke; Koistinen; Krebs; Miles; Moore; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Pitts; Rausch; Rave; Rounds; Steele; Van Etten; Van Norman; Weems; Wick

     Nays:
Burg; Carson; Cutler; Dennert; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gillespie; Hargens; Heineman; Kirkeby; Lucas; Lust; McLaughlin; Nelson; Noem; Nygaard; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rhoden; Sigdestad; Street; Thompson; Tidemann; Turbiville; Vanneman; Vehle; Willadsen; Speaker Deadrick

     Excused:
Gassman; Gilson; Halverson

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

     Rep. DeVries announced his intention to reconsider the vote by which HB 1306 lost.

     HB 1317: FOR AN ACT ENTITLED, An Act to require the Department of Education to develop a pilot program which provides certain school district information on a centralized website and to provide certain reporting requirements.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1317 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 37, Excused 2, Absent 0

     Yeas:
Brunner; Buckingham; Carson; Cutler; Dreyer; Elliott; Glenski; Gosch; Hackl; Heineman; Howie; Hunt; Juhnke; Koistinen; Krebs; Lust; McLaughlin; Miles; Novstrup (Al); Novstrup (David); Olson (Ryan); Peters; Rounds; Steele; Street; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Burg; Davis; Dennert; DeVries; Dykstra; Engels; Faehn; Feinstein; Gillespie; Halverson; Hargens; Haverly; Hills; Jerke; Kirkeby; Lucas; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Sigdestad; Thompson; Tidemann; Turbiville; Van Norman; Vanneman

     Excused:
Gassman; Gilson

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

     Rep. Wick announced his intention to reconsider the vote by which HB 1317 lost.

     HB 1157: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the residency or military presence of parties in divorce or separate maintenance proceedings.

     Was read the second time.

     Rep. Engels moved that HB 1157 be deferred to Tuesday, February 12th, the 22nd legislative day.

     Which motion prevailed.

     HB 1198: FOR AN ACT ENTITLED, An Act to revise the amount of a judgment in a petty offense case.

     Was read the second time.

     The question being "Shall HB 1198 pass?"

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent 0

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

     Nays:
Boomgarden; Bradford; Davis; Dennert; Gosch; Hargens; Olson (Betty); Pederson (Gordon); Van Norman

     Excused:
Gassman; Gilson; Hackl

     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. Rhoden moved that the balance of the calendar including HB 1271, HJR 1004, HB 1173, 1313, 1266, 1272, 1319, 1320, 1269, 1248, 1277, and 1305 and SB 15, 2, 3, 34, 38, 13, 64, 68, 139, 63, 87, and 156 be deferred to Tuesday, February 11th, the 22nd 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 State Affairs respectfully reports that it has had under consideration HB  1233 and 1275 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1005 which was tabled.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1002 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1043, 1052, 1053, 1065, 1073, 1075, 1130, 1131, and 1170 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1008, 1009, 1026, 1055, 1056, 1057, 1072, 1114, 1118, 1126, and 1182 were delivered to his Excellency, the Governor, for his approval at 3:30 p.m., February 11, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

    Speaker Deadrick now presiding.

SIGNING OF BILLS

     The Speaker publicly read the title to

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

     HB 1052: FOR AN ACT ENTITLED, An Act to  define an inpatient hospice and residential hospice as a health care facility.

     HB 1053: FOR AN ACT ENTITLED, An Act to  place certain substances on the controlled substances schedule and to declare an emergency.

     HB 1065: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the 24/7 sobriety program.

     HB 1073: FOR AN ACT ENTITLED, An Act to  require abuse and neglect registry screening for certain special advocacy volunteers and guardians ad litem.


     HB 1075: FOR AN ACT ENTITLED, An Act to  require certain criminal record checks in adoption home studies for children in the custody of the Department of Social Services.

     HB 1130: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the implementation by the court of the standard visitation guidelines.

     HB 1131: FOR AN ACT ENTITLED, An Act to  permit the court to assess the crime victims' compensation surcharge in cases involving certain adjudicated children.

     HB 1170: FOR AN ACT ENTITLED, An Act to  allow pneumatic tires with retractable studs to be used upon highways year round.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:22 p.m. the House adjourned.

Karen Gerdes, Chief Clerk