The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirty-sixth 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:
I have the honor to return herewith HB 1038, 1060, 1072, 1079, 1163, 1183, 1237, 1280,
and 1281 which have been amended by the Senate and your concurrence in the amendments is
respectfully requested.
Also MR. SPEAKER:
I have the honor to return herewith HB 1207, 1215, 1246, and 1271 which have passed the
Senate without change.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 4, 165, and 184.
I have the honor to transmit herewith SCR 10 and 11 which have been adopted by the
Senate and your concurrence is respectfully requested.
Also MR. SPEAKER:
I have the honor to return herewith HCR 1017 in which the Senate has concurred.
Also MR. SPEAKER:
Rep. Tidemann moved that the House do concur in Senate amendments to HB 1070.
The question being on Rep. Tidemann's motion that the House do concur in Senate
amendments to HB 1070.
And the roll being called:
Yeas 56, Nays 11, Excused 3, Absent 0
Yeas:
Nays:
Excused:
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Cutler moved that the House do not concur in Senate amendments to HB 1153 and
that a committee of three on the part of the House be appointed to meet with a like committee
on the part of the Senate to adjust the differences between the two houses.
Rep. Gosch moved that the House do concur in Senate amendments to HB 1176.
The question being on Rep. Gosch's motion that the House do concur in Senate
amendments to HB 1176.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
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. Sly moved that the consideration of Senate amendments to HB 1241 be deferred to
Thursday, March 12th, the 38th legislative day.
Which motion prevailed.
Rep. Hamiel moved that the House do concur in Senate amendments to HB 1260.
The question being on Rep. Hamiel's motion that the House do concur in Senate
amendments to HB 1260.
And the roll being called:
Yeas 64, Nays 5, Excused 1, Absent 0
Nays:
Excused:
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.
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert;
Elliott; Engels; Faehn; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke;
Killer; Kirkeby; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem;
Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema;
Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Tidemann; Turbiville;
Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave
Fargen; Feickert; Feinstein; Frerichs; Greenfield; Iron Cloud III; Kirschman; Russell; Sorenson;
Thompson; Vanderlinde
Dreyer; Gibson; Nygaard
Which motion prevailed and the Speaker appointed as such committee Reps. Cutler, Lust,
and Kirschman.
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert;
Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel;
Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman;
Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David);
Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell;
Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann;
Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave
Gibson; Nygaard
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert;
Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel;
Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp;
Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson
(Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Russell; Schlekeway;
Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville;
Van Gerpen; Vanderlinde; Verchio; Wink; Speaker Rave
Feinstein; Juhnke; Rounds; Vanneman; Wismer
Nygaard
The House reconvened at 1:30 p.m., the Speaker presiding.
The Conference Committee respectfully reports that it has considered SB 115 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 115 be amended as follows:
11-2-28.
The plan, ordinances, restrictions, and boundaries adopted pursuant to this chapter
may be amended, supplemented, changed, modified, or repealed by action of the board. Any
such modification or repeal shall be proposed in a resolution or ordinance, as appropriate,
presented to the board for adoption in the same manner and upon the same notice as required
for the adoption of the original resolution or ordinance. The amendment, supplement, change,
modification, or repeal may be requested through a petition by
thirty
twenty
percent of the
landowners in the zoning district or districts requesting change. For purposes of this section, the
term, landowner, means any person who owns land in the county as evidenced by records in the
offices of the register of deeds and clerk of courts. If land is sold under a contract for deed that
is of record in the office of the register of deeds in the county, both the landowner and the
individual purchaser of the land, as named in the contract, are treated as landowners.
Any
charitable, benevolent, or religious society that owns any agricultural land in the county is not
a landowner for purposes of this section if the agricultural land is exempt from taxation pursuant
to
§
10-4-10, but any such society is a landowner for purposes of this section for any of its real
property in the county that is not exempt from taxation pursuant to
§
10-4-10.
"
Rep. Tidemann moved that the House do concur in Senate amendments to HB 1038.
The question being on Rep. Tidemann's motion that the House do concur in Senate
amendments to HB 1038.
And the roll being called:
Yeas 45, Nays 25, Excused 0, Absent 0
Yeas:
Nays:
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. Rounds moved that the House do concur in Senate amendments to HB 1060.
The question being on Rep. Rounds' motion that the House do concur in Senate
amendments to HB 1060.
And the roll being called:
Yeas 68, Nays 2, Excused 0, Absent 0
Nays:
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Turbiville moved that the House do concur in Senate amendments to HB 1072.
Rep. Faehn moved the previous question.
Which motion prevailed.
The question being on Rep. Turbiville's motion that the House do concur in Senate
amendments to HB 1072.
And the roll being called:
Yeas 57, Nays 13, Excused 0, Absent 0
Yeas:
Nays:
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Which motion prevailed and the Speaker appointed as such committee Reps. Cutler,
Turbiville, and Gibson.
Rep. Van Gerpen moved that the House do concur in Senate amendments to HB 1163.
The question being on Rep. Van Gerpen's motion that the House do concur in Senate
amendments to HB 1163.
And the roll being called:
Yeas 64, Nays 5, Excused 1, Absent 0
Yeas:
Nays:
Excused:
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. Lust moved that the House do concur in Senate amendments to HB 1183.
The question being on Rep. Lust's motion that the House do concur in Senate amendments
to HB 1183.
And the roll being called:
Yeas 58, Nays 11, Excused 1, Absent 0
Nays:
Excused:
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Tidemann moved that the House do not concur in Senate amendments to HB 1237
and that a committee of three on the part of the House be appointed to meet with a like
committee on the part of the Senate to adjust the differences between the two houses.
Which motion prevailed and the Speaker appointed as such committee Reps. Putnam,
Tidemann, and Burg.
Rep. Boomgarden moved that the House do concur in Senate amendments to HB 1280.
The question being on Rep. Boomgarden's motion that the House do concur in Senate
amendments to HB 1280.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Kirkeby moved that the House do not concur in Senate amendments to HB 1281 and
that a committee of three on the part of the House be appointed to meet with a like committee
on the part of the Senate to adjust the differences between the two houses.
Rep. Dennert moved as a substitute motion that the House do not concur in Senate
amendments to HB 1281 and that no committee be appointed.
The question being on Rep. Dennert's substitute motion that the House do not concur in
Senate amendments to HB 1281 and that no committee be appointed.
And the roll being called:
Yeas 13, Nays 56, Excused 1, Absent 0
Yeas:
Nays:
Excused:
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
Rep. Kirkeby's motion prevailed and the Speaker appointed as such committee
Reps. Kirkeby, Verchio, and Frerichs.
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Gosch;
Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Krebs; Lange;
Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Ryan); Peters; Pitts;
Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Sorenson; Steele; Tidemann;
Turbiville; Van Gerpen; Vanneman; Wink; Speaker Rave
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Iron Cloud
III; Killer; Kirschman; Kopp; Lucas; Nygaard; Olson (Betty); Russell; Schrempp; Solberg;
Street; Thompson; Vanderlinde; Verchio; Wismer
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert;
Dreyer; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield;
Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp;
Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard;
Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell;
Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann;
Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave
Engels; Iron Cloud III
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer;
Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hamiel; Hoffman; Hunhoff
(Bernie); Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman;
Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts;
Putnam; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele;
Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Wink; Wismer
Brunner; Engels; Gosch; Greenfield; Hunt; Jensen; Noem; Olson (Betty); Rausch; Russell;
Vanneman; Verchio; Speaker Rave
Rep. Cutler moved that the House do not concur in Senate amendments to HB 1079 and
that a committee of three on the part of the House be appointed to meet with a like committee
on the part of the Senate to adjust the differences between the two houses.
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Curd; Cutler; Deadrick; Dennert; Dreyer;
Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield;
Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman;
Kopp; Krebs; Lange; Lederman; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson
(Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly;
Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen;
Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave
Cronin; Lucas; Lust; Novstrup (David); Peters
Juhnke
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Dennert; Dreyer; Elliott;
Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman;
Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman;
Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Putnam; Rausch;
Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer;
Speaker Rave
Cutler; Deadrick; Greenfield; Jensen; Kopp; Lucas; Olson (Betty); Peters; Pitts; Russell;
Verchio
Juhnke
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert;
Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield;
Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman;
Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David);
Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds;
Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson;
Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker
Rave
Excused:
Juhnke
Curd; Cutler; Dennert; Elliott; Feickert; Feinstein; Iron Cloud III; Kirschman; Novstrup (David);
Nygaard; Rounds; Russell; Thompson
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Deadrick; Dreyer; Engels; Faehn;
Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt;
Jensen; Killer; Kirkeby; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser;
Noem; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Schlekeway;
Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen;
Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave
Juhnke
HCR 1020
Introduced by:
Representatives Russell, Greenfield, Noem, and Rounds and
Senator Maher
Was read the first time and the Speaker waived the committee referral.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 7.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 72 and has appointed Sens. Gray, Jean Hunhoff, and Nesselhuf 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.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 80 and has appointed Sens. Tom Hansen, Rhoden, and Peterson 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.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 117 and has appointed Sens. Knudson, Gray, and Heidepriem 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.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 153 and has appointed Sens. Dempster, Adelstein, and Jerstad 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.
I have the honor to inform your honorable body that the Senate has appointed
Sens. Rhoden, Abdallah, and Gillespie 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
on HB 1153.
Also MR. SPEAKER:
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1081, 1177, 1212,
1233, and 1275 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m.,
March 11, 2009.
The House reconvened at 3:15 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 7.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on HB 1239.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens. Vehle,
Russell Olson, and Gary Hanson 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 on
HB 1281.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens. Vehle,
Tieszen, and Turbak Berry 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 on
HB 1079.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed
Sens. Haverly, Jean Hunhoff, and Bartling 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 on HB 1237.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 106 and has appointed Sens. Garnos, Gray, and Maher 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.
Also MR. SPEAKER:
The Speaker appointed Reps. Rave, Curd, and Bernie Hunhoff 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 72.
The Speaker appointed Reps. Faehn, Noem, and Fargen 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 80.
The Speaker appointed Reps. Cutler, Dreyer, and Nygaard 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 153.