The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor R. Neal Hughes, followed by the Pledge
of Allegiance led by House page Sarah Breitag.
Roll Call: All members present except Reps. Koetzle, McIntyre, Solum, and Wetz who
were excused.
The Committee on Commerce respectfully reports that it has had under consideration HB
1198 and 1199 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
"
of any county through which the owner or operator may travel
,
or from
an
agent, patrol officer,
motor carrier enforcement officer, or motor carrier
inspector
at a port of entry, or any other
agent designated by
of
the
department
Department of Commerce and Regulation
. All fees
collected shall be
"
.
On page
2
,
delete lines
23
and
24
,
and insert:
"
to an
agent, patrol officer, motor carrier enforcement officer, or motor carrier
inspector
at a port
of entry, or such other agents as may be designated by
of
the
department
Department of
Commerce and Regulation
.
"
.
On page
3
,
delete lines
4
and
5
,
and insert:
"
peace
agent, patrol officer, motor carrier enforcement
officer,
or motor carrier
inspector
at a
port of entry, or designated agent
of the
department
Department of Commerce and Regulation
.
A violation of this section is a Class 2 misdemeanor.
"
On page
3
,
delete lines
9
and
10
,
and insert:
"
in
his
the carrier's
possession for display upon demand of any
peace
agent, patrol officer, motor
carrier enforcement
officer,
or motor carrier
inspector
at a port of entry or designated agent
of
the Department of Commerce
"
.
The Committee on Commerce respectfully reports that it has had under consideration HB
1115 which was deferred to the 36th legislative day.
The Committee on Retirement Laws respectfully reports that it has had under consideration
HB 1156 and returns the same with the recommendation that said bill do pass.
The Committee on Retirement Laws respectfully reports that it has had under consideration
HB 1263 which was deferred to the 36th legislative day.
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1002 and returns the same with the recommendation that said resolution be adopted.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1223 which was deferred to the 36th legislative day.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1112, 1144, and 1195 and returns the same with the recommendation that said bills do pass.
"
Section 2. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as
follows:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1158 which was deferred to the 36th legislative day.
MR. SPEAKER:
I have the honor to transmit herewith SB 42, 59, 65, 90, 109, 136, 147, 149, 151, and 152
which have passed the Senate and your favorable consideration is respectfully requested.
Also MR. SPEAKER:
I have the honor to return herewith HB 1032, 1034, 1039, and 1041 which have passed the
Senate without change.
Rep. Klaudt requested that HB 1193 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
HB 1169:
FOR AN ACT ENTITLED, An Act to
revise the length of time during which
a county board of equalization may hear assessed valuation appeals.
Was read the second time.
The question being "Shall HB 1169 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 5, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley;
Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra;
Koskan; Lintz; Lockner; Lucas; McCoy; McNenny; Michels; Monroe; Munson (Donald);
Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt;
Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Young; Speaker Hunt
Excused were:
Koetzle; McIntyre; Solum; Wetz; Wudel
Absent and Not Voting were:
Napoli
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. Cutler moved that HB 1092, 1164, 1155, 1076, and 1108 be deferred until Monday,
January 31st, the 15th legislative day and that HB 1028 be deferred until Tuesday, February 1st,
the 16th legislative day.
Which motion prevailed and the bills were so deferred.
HB 1049:
FOR AN ACT ENTITLED, An Act to
establish an incentive program for
voluntary school reform.
Was read the second time.
The question being "Shall HB 1049 pass?"
And the roll being called:
Yeas 41, Nays 22, Excused 7, Absent and Not Voting 0
Yeas were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Derby; Diedtrich (Elmer);
Earley; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson;
Heineman; Hennies; Jaspers; Kazmerzak; Koehn; Konold; Kooistra; Lucas; McCoy; McNenny;
Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Roe; Sebert; Smidt; Sutton
(Duane); Volesky; Waltman; Wilson
Nays were:
Broderick; Cerny; Chicoine; Cutler; Davis; Diedrich (Larry); Duenwald; Fiegen; Fitzgerald;
Juhnke; Klaudt; Koskan; Lintz; Lockner; Napoli; Pummel; Putnam; Richter; Slaughter; Weber;
Wudel; Speaker Hunt
Excused were:
Duniphan; Koetzle; McIntyre; Solum; Sutton (Daniel); Wetz; Young
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
Rep. Richard Brown announced his intention to reconsider the vote by which HB 1049 was
lost.
HB 1180:
FOR AN ACT ENTITLED, An Act to
provide for a retroactive application of
the definition of telephone company operating property.
Having had its second reading was up for reconsideration and final passage.
Speaker Pro tempore Eccarius now presiding.
HB 1128:
FOR AN ACT ENTITLED, An Act to
revise certain quorum provisions
regarding cooperatives.
Was read the second time.
"
Section 3. That
§
47-15-5
be amended to read as follows:
47-15-5.
It is not necessary to set forth in the articles of incorporation any of the powers
granted by chapters 47-15 to 47-20, inclusive. The articles may include additional provisions,
consistent with law, including provisions which are required or permitted to be set forth in the
bylaws. Any provision required or permitted in the bylaws has equal force and effect if stated
in the articles. Whenever a provision of the articles is inconsistent with a bylaw, the articles
control.
The bylaws of a cooperative may contain any provisions for the regulation and
maintenance of the affairs of the cooperative not inconsistent with law or the articles of
incorporation.
Section 4. That
§
47-21-19
be amended to read as follows:
47-21-19.
The bylaws of a cooperative shall set forth the rights and duties of members and
directors and may contain other provisions for the regulation and management of the affairs of
the cooperative not inconsistent with this chapter or with its articles of incorporation.
The
bylaws of a cooperative may contain any provisions for the regulation and maintenance of the
affairs of the cooperative not inconsistent with law or the articles of incorporation.
Section 5. That
§
47-17-4
be amended to read as follows:
47-17-4. The directors of a cooperative constituting the temporary board, named in the articles, shall hold office until the first member meeting. At that meeting and thereafter, directors shall be elected by a majority of the members present at a duly called meeting of the members in the manner and for the terms provided in the bylaws. If the bylaws provide that directors be from specified territorial districts, the articles may limit voting for any director to members from within the territorial district from which such director is to be elected. The bylaws may provide that directors may be elected at district director election meetings held for said purpose. Unless the bylaws provide otherwise, a director's term of office shall be one year. Each director shall hold office for the term for which elected and until his successor takes office.
The bylaws may permit selection of alternates to take the place of directors absent at a meeting
of the board.
Section 6. That
§
47-21-20
be amended to read as follows:
47-21-20.
The bylaws may provide for the division of the territory served or to be served
by a cooperative into two or more districts for any purpose, including, without limitation, the
nomination and election of directors and the election and functioning of district delegates. In
such case the bylaws shall prescribe the boundaries of the district, or the manner of establishing
such boundaries, and the manner of changing such boundaries, and the manner in which such
districts shall function. No member at any district meeting and no district delegate at any
meeting shall vote by proxy or by mail.
The bylaws may provide that directors may be elected
at district director election meetings held for said purpose.
"
Which motion prevailed and HB 1128 was so amended.
The question being "Shall HB 1128 pass as amended?"
And the roll being called:
Yeas 62, Nays 1, Excused 7, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies;
Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas;
McCoy; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt
Nays were:
Napoli
Excused were:
Brown (Jarvis); Duniphan; Koetzle; McIntyre; Solum; Wetz; Young
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Rep. Hunt moved that the title to HB 1128 be amended as follows:
HB 1137:
FOR AN ACT ENTITLED, An Act to
exempt real estate licensees from certain
sex offender notification provisions.
Was read the second time.
The question being "Shall HB 1137 pass as amended?"
And the roll being called:
Yeas 55, Nays 7, Excused 8, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-
Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Juhnke; Kazmerzak;
Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McNenny; Michels; Munson (Donald);
Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt;
Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt
Nays were:
Cutler; Haley; Jaspers; Klaudt; Lucas; Monroe; Napoli
Excused were:
Brown (Jarvis); Duniphan; Koehn; Koetzle; McIntyre; Solum; Wetz; Young
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 1167:
FOR AN ACT ENTITLED, An Act to
create a rebuttable presumption that the
removal of certain property from the state without payment constitutes fraud.
Was read the second time.
The question being "Shall HB 1167 pass as amended?"
And the roll being called:
Nays were:
Fiegen; Haley; Lucas; Speaker Hunt
Excused were:
Brown (Jarvis); Clark; Duniphan; Koehn; Koetzle; McIntyre; Solum; Volesky; Wetz; Young
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Rep. Patterson moved that the title to HB 1167 be amended as follows:
HB 1204:
FOR AN ACT ENTITLED, An Act to
allow for the increase of drainage permit
fees.
Was read the second time.
The question being "Shall HB 1204 pass?"
And the roll being called:
Nays were:
Cutler; Diedrich (Larry); Earley; Fiegen; Garnos; Klaudt; Koskan; Michels; Napoli; Peterson;
Speaker Hunt
Excused were:
Brown (Jarvis); Clark; Duniphan; Koehn; Koetzle; McIntyre; Solum; Volesky; Wetz; Young
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 42:
FOR AN ACT ENTITLED, An Act to
require varicella immunization for school
entry.
Was read the first time and referred to the Committee on Health and Human Services.
SB 59:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions related to the filing
of student birth certificates.
Was read the first time and referred to the Committee on Education.
SB 65:
FOR AN ACT ENTITLED, An Act to
authorize the Department of Revenue to
issue transporter plates for persons hauling new trailers or new or used manufactured or mobile
homes.
Was read the first time and referred to the Committee on Transportation.
SB 90:
FOR AN ACT ENTITLED, An Act to
establish license requirements for well pump
installers and well repairers.
Was read the first time and referred to the Committee on Commerce.
SB 136:
FOR AN ACT ENTITLED, An Act to
prohibit certain activities regarding certain
imported cigarettes or tobacco products.
Was read the first time and referred to the Committee on Commerce.
SB 147:
FOR AN ACT ENTITLED, An Act to
revise the Uniform Probate Code with
regard to the duties of the court representative.
Was read the first time and referred to the Committee on Judiciary.
SB 149:
FOR AN ACT ENTITLED, An Act to
revise the Uniform Probate Code
pertaining to the duties of the personal representative in closing the estate.
Was read the first time and referred to the Committee on Judiciary.
SB 151:
FOR AN ACT ENTITLED, An Act to
clarify what property a municipality may
donate to a nonprofit corporation and how that property may be used by the nonprofit
corporation.
Was read the first time and referred to the Committee on Local Government.
SB 152:
FOR AN ACT ENTITLED, An Act to
provide a financial institution with an
insurable interest with reference to personal insurance.
Was read the first time and referred to the Committee on Commerce.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1032, 1034, 1039, and 1041 and finds the same
correctly enrolled.
The Speaker publicly read the title to
HB 1032:
FOR AN ACT ENTITLED, An Act to
revise the requirements for health carriers
engaging in certain types of managed care activities and to consolidate managed care statutes.
HB 1034:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
renewal licenses for advanced practice nurses.
HB 1039:
FOR AN ACT ENTITLED, An Act to
revise certain dates pertaining to
references to the Internal Revenue Code.
HB 1041:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
licensure of health care facilities and lodging and food service establishments.
SB 43:
FOR AN ACT ENTITLED, An Act to
schedule certain controlled substances and
to declare an emergency.
And signed the same in the presence of the House.
Rep. Chicoine moved that the House do now adjourn, which motion prevailed, and at
2:41 p.m. the House adjourned.