JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 18, 2014

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

The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House pages Jennifer Christensen and Ridge Sandal.

Roll Call: All members present except Rep. Latterell who was 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 and finds that the following correction should be made:

On page 415, lines 5 to 7, inclusive, delete:

"SCR 1: A CONCURRENT RESOLUTION, Urging Congress to reject the proposal to remove the states' authority to designate a hospital as a necessary provider under the critical access hospital program."

and insert:

"SCR 3: A CONCURRENT RESOLUTION, Urging the members of the South Dakota Congressional delegation to sponsor and support the Marketplace Fairness Act, or similar legislation that would grant the states authority to collect sales and use tax on remote sales."

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

And we hereby move the adoption of the report.

Respectfully submitted,

Brian G. Gosch, Chair

Which motion prevailed.

Speaker Gosch introduced Bob Graff of Onida, a member of the Agar-Blunt-Onida School District Board of Education, as the Associated School Boards of South Dakota School Board outstanding member for 2014.

COMMUNICATIONS AND PETITIONS

February 18, 2014

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 18, 2014, I approved House Bills 1009 and 1010, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1195, 1222, and 1254 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Charles B. Hoffman, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1173 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1043 and returns the same with the recommendation that said bill be amended as follows:

On page 34 of the printed bill, delete lines 16 to 24, inclusive.

On page 35, delete lines 1 to 7, inclusive.

On page 24, line 22, of the printed bill, after ";" insert "or".

On page 24, line 24, after "section" delete "; or" and insert ".".

On page 25, delete line 1.

On page 25, line 6, after "." insert "For the purposes of this section, the term, structure, means any object constructed by human action.

Any person or organization, who intends to construct or alter a structure that exceeds two hundred feet above ground level and that is outside the zones described in this section and who has obtained a Federal Aviation Administration determination of no hazard, may provide that determination to the commission prior to the start of construction in lieu of the application and permit required by this chapter.".

On page 26, delete line 24, and insert:

" Section 66. That § 50-9-9 be repealed.
50-9-9. The commission may, pursuant to chapter 1-26, promulgate and enforce rules establishing minimum standards and criteria, including lighting, painting, and marking of any buildings, structures, towers, and hazards referred to in §§ 50-9-2, 50-9-3 and 50-9-7 in the interest of safe operation of aircraft and public safety. In promulgating and enforcing rules, the commission shall consider aviation safety, economic impact, financial impact on applicants applying for permits to build structures, multiple uses of airspace, federal regulations, and other relevant factors. The power and authority to enforce such rules by injunction proceedings in any court of competent jurisdiction instituted in the name of the commission, is hereby conferred. ".

On page 27, delete lines 1 to 9, inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1230 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1239 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Scott Munsterman, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 2, of the printed bill, delete "economic development, promotional,".

On page 2, line 3, after "functions" insert "for all purposes authorized by law or necessary to the exercise of any power granted".

On page 2, line 3, after "." insert:

" Section 2. That § 9-12-11 be amended to read as follows:

9-12-11. A municipality may appropriate money from its general fund to promote itself. If there are commercial clubs, chambers of commerce, or industrial development corporations organized and incorporated as nonprofit corporations under the laws of the State of South Dakota for the purpose of promoting the municipality, the appropriations or any part thereof may be paid to such organizations for expenses incurred for promoting the municipality. Payments to these organizations shall be based on programs previously submitted to the governing board by them and they shall be required to maintain complete records on all their activities and shall provide a certified audit of those records to the governing board of the

municipality at the close of each fiscal period. In lieu of a certified audit, the governing board may accept a financial statement. For purposes of this section, promotion includes, but is not limited to, any costs incidental to the hosting of events held within the municipality. ".

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

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1223 and 1253 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1056, 1059, 1060, and 1092 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1014 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 46, 85, 88, 104, and 143 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HCR 1012: A CONCURRENT RESOLUTION, Recognizing the honor and remember flag as the designated symbol of South Dakota's concern and commitment to honoring and remembering all members of the United States Armed Forces who have lost their lives while serving, or as a result of service, and their families.

Rep. Stevens moved that HCR 1012 as found on page 291 of the House Journal be adopted.

The question being on Rep. Stevens' motion that HCR 1012 be adopted.

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; Munsterman; 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

Nays:
Kaiser; Nelson

Excused:
Latterell

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1012 was adopted.

SCR 3: A CONCURRENT RESOLUTION, Urging the members of the South Dakota Congressional delegation to sponsor and support the Marketplace Fairness Act, or similar legislation that would grant the states authority to collect sales and use tax on remote sales.

Rep. Cronin moved that SCR 3 as found on page 289 of the Senate Journal be concurred in.

The question being on Rep. Cronin's motion that SCR 3 be concurred in.

And the roll being called:

Yeas 63, Nays 6, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Lust; Magstadt; May; Mickelson; 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; Wink; Wismer; Speaker Gosch

Nays:
Campbell; Craig; Kaiser; Kopp; Nelson; Russell

Excused:
Latterell

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 3 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Transportation on SB 103 as found on page 410 of the House Journal; also

Taxation on HB 1121 as found on page 411 of the House Journal; also

Appropriations on HB 1204 as found on page 417 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 46: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding animal welfare and to provide a felony penalty for cruelty to animals.

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

SB 85: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding confidential criminal justice information.

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

SB 88: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding traction engines operated over bridges.

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

SB 104: FOR AN ACT ENTITLED, An Act to authorize the use of night vision equipment for hunting under certain conditions.

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

SB 143: FOR AN ACT ENTITLED, An Act to provide for a civil remedy for a bad faith assertion of patent infringement.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1249: FOR AN ACT ENTITLED, An Act to revise the required hours in a school term for certain grade levels.

Was read the second time.

The question being "Shall HB 1249 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; 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

Excused:
Latterell

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 1106: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the sale of petroleum products.

Was read the second time.

The question being "Shall HB 1106 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; 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

Excused:
Latterell

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 1184: FOR AN ACT ENTITLED, An Act to declare the fourth Saturday in July Day of the American Cowboy.

Was read the second time.

The question being "Shall HB 1184 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; 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

Excused:
Latterell

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 61: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding organization, first responder, and organ donor emblem speciality plates for motor vehicles.

Was read the second time.

The question being "Shall SB 61 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; 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

Excused:
Latterell

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 95: FOR AN ACT ENTITLED, An Act to revise certain vehicle dealer licensing provisions.

Was read the second time.

The question being "Shall SB 95 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; 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

Excused:
Latterell

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 138: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to title-based escheatment of abandoned United States savings bonds and the proceeds thereof.

Was read the second time.

The question being "Shall SB 138 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; 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

Excused:
Latterell

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1157: FOR AN ACT ENTITLED, An Act to provide for the retrospective payment of clean claims for covered services provided by a health care professional during the credentialing period.

Was read the second time.

The question being "Shall HB 1157 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; 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; Wink; Wismer; Speaker Gosch

Nays:
Kaiser; Russell

Excused:
Latterell

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

HB 1097: FOR AN ACT ENTITLED, An Act to revise the criteria for classifying property as agricultural land.

Was read the second time.

Rep. Verchio moved that HB 1097 be amended as follows:

On page 1, line 12, of the House Agriculture and Natural Resources Committee engrossed bill, before "its" insert "it consists of a single parcel of not less than twenty acres of land and".

On page 2, line 13, overstrike "The".

On page 2, line 15, delete "~~the~~" and insert "For the purpose of this subdivision only, the".

On page 2, line 23, after "land" insert ", whether adjoining or not,".

On page 2, line 24, after "." insert "However, if all of the parcels making up the management unit adjoin each other, a parcel that is part of that management unit may be less than twenty acres.".

Which motion prevailed.

Rep. Munsterman moved the previous question.

Which motion prevailed.

The question being "Shall HB 1097 pass as amended?"

And the roll being called:

Yeas 35, Nays 34, Excused 1, Absent 0

Yeas:
Anderson; Bolin; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund; Haggar (Don); Haggar (Jenna); Hajek; Hickey; Hoffman; Kaiser; Killer; Kopp; Langer; Lust; Magstadt; May; Munsterman; Nelson; Olson (Betty); Otten (Herman); Qualm; Rasmussen; Russell; Schoenfish; Sly; Stalzer; Stevens; Verchio; Westra; Wick; Speaker Gosch

Nays:
Bartling; Cammack; Carson; Cronin; Erickson; Feickert; Feinstein; Gibson; Greenfield; Hawks; Hawley; Heinemann (Leslie); Heinert; Hunhoff (Bernie); Johns; Kirschman; Mickelson; Novstrup (David); Parsley; Peterson; Ring; Romkema; Rounds; Rozum; Schaefer; Schrempp; Soli; Solum; Steele; Tulson; Tyler; Werner; Wink; Wismer

Excused:
Latterell

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

Rep. Verchio announced his intention to reconsider the vote by which HB 1097 lost.

HB 1140: FOR AN ACT ENTITLED, An Act to permit townships to levy a capital improvement property tax for secondary roads, bridges, and culverts.

Was read the second time.

The question being "Shall HB 1140 pass as amended?"

And the roll being called:

Yeas 48, Nays 20, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Craig; Dryden; Duvall; Ecklund; Feickert; Feinstein; Gibson; Greenfield; Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Lust; Magstadt; May; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Peterson; Qualm; Rasmussen; Ring; Romkema; Rozum; Schoenfish; Schrempp; Soli; Solum; Steele; Stevens; Tulson; Tyler; Werner; Wink; Wismer

Nays:
Cammack; Campbell; Carson; Conzet; Cronin; Erickson; Haggar (Don); Haggar (Jenna); Kopp; Langer; Nelson; Rounds; Russell; Schaefer; Sly; Stalzer; Verchio; Westra; Wick; Speaker Gosch

Excused:
Latterell; Parsley

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 1213: FOR AN ACT ENTITLED, An Act to analyze and promote economic development for South Dakota's Native American population and to establish a task force.

Was read the second time.

The question being "Shall HB 1213 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); 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

Excused:
Latterell; Parsley

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 1221: FOR AN ACT ENTITLED, An Act to exempt certain amateur sports coaches from sales and use tax.

Was read the second time.

The question being "Shall HB 1221 pass as amended?"

And the roll being called:

Yeas 57, Nays 11, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; Heinert; Hickey; Hoffman; Hunhoff (Bernie); Kaiser; Killer; Kirschman; Kopp; Langer; Magstadt; May; Munsterman; Nelson; Novstrup (David); Olson (Betty); Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Erickson; Haggar (Don); Heinemann (Leslie); Johns; Lust; Mickelson; Otten (Herman); Qualm; Steele; Verchio; Werner

Excused:
Latterell; Parsley

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 1132: FOR AN ACT ENTITLED, An Act to make a minor's school calendar the reference point from which to permit employment that would not interfere with the minor's education.

Was read the second time.

The question being "Shall HB 1132 pass?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); 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

Nays:
Hajek; Johns

Excused:
Latterell; Parsley

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 1181: FOR AN ACT ENTITLED, An Act to allow for the requirement of a certification of health from an employee of a school.

Was read the second time.

The question being "Shall HB 1181 pass as amended?"

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Peterson; Qualm; Rasmussen; Ring; Romkema; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
May; Nelson; Rounds; Russell

Excused:
Latterell; Parsley

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 1246: FOR AN ACT ENTITLED, An Act to increase the maximum bet limit and to eliminate the award limit on video lottery games.

Was read the second time.

Rep. Werner moved that HB 1246 be amended as follows:

On page 1, line 9, of the House Commerce and Energy Committee engrossed bill, after "play" insert "not to exceed two thousand five hundred dollars".

Which motion prevailed.

Rep. Bolin moved that HB 1246 be further amended as follows:

On the House Commerce and Energy Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

A roll call vote was requested and supported.

The question being on Rep. Bolin's motion that HB 1246 be further amended.

And the roll being called:

Yeas 52, Nays 16, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hawks; Heinemann (Leslie); Heinert; Hickey; Hunhoff (Bernie); Kaiser; Killer; Kirschman; Kopp; Lust; Magstadt; May; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Stalzer; Steele; Stevens; Tyler; Verchio; Wick; Wink; Wismer; Speaker Gosch

Nays:
Cronin; Dryden; Greenfield; Hajek; Hawley; Hoffman; Johns; Langer; Mickelson; Peterson; Ring; Rounds; Solum; Tulson; Werner; Westra

Excused:
Latterell; Parsley

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1246 was so further amended.

The question being "Shall HB 1246 pass as amended?"

And the roll being called:

Yeas 28, Nays 40, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Carson; Conzet; Cronin; Dryden; Erickson; Hajek; Hawley; Hoffman; Johns; Killer; Kirschman; Langer; Lust; Magstadt; May; Mickelson; Peterson; Romkema; Rounds; Rozum; Schoenfish; Solum; Tulson; Tyler; Werner; Westra

Nays:
Bolin; Cammack; Campbell; Craig; Duvall; Ecklund; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hawks; Heinemann (Leslie); Heinert; Hickey; Hunhoff (Bernie); Kaiser; Kopp; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Ring; Russell; Schaefer; Schrempp; Sly; Soli; Stalzer; Steele; Stevens; Verchio; Wick; Wink; Wismer; Speaker Gosch

Excused:
Latterell; Parsley

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

Rep. Lust moved that the balance of the calendar including HB 1127, 1162, 1206, 1122, 1171, and 1111 and SB 12, 64, 55, 27, 31, 32, 63, 14, 89, and 93 be deferred to Wednesday, February 19, the 22^nd 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1056, 1059, 1060, and 1092 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1056: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the taxation, the licensing, and the regulation of motor vehicles.

HB 1059: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption of mass transit motor vehicles from licensing and registration fees and the motor vehicle excise tax.

HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding military speciality plates.

HB 1092: FOR AN ACT ENTITLED, An Act to require that crematories be under the direction of licensed funeral establishments and funeral directors.

SB 80: FOR AN ACT ENTITLED, An Act to provide a credit to homebuilt aircraft for sales and use taxes when paying the aircraft registration tax and to make a reimbursement to the aeronautics fund for the amount of the credit granted.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 4:50 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk