The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by House page Kylee Schaefer.

     Roll Call: All members present except Reps. Gillespie, Klaudt, and Madsen who were excused.

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twelfth day.

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

     And we hereby move the adoption of the report.

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1132 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 1241 and returns the same with the recommendation that said bill be amended as follows:

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1148 and tabled the same.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1189 and returns the same with the recommendation that said bill be amended as follows:

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1203 and returns the same with the recommendation that said bill be amended as follows:

"      Section 4. That § 21-48-23 be amended to read as follows:

     21-48-23.   A record of foreclosure sale must be made as follows:

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1175 and tabled the same.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1160 which was deferred to the 36^th Legislative Day.

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1093 and returns the same with the recommendation that said bill be amended as follows:

"

Also MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1178 and 1244 which were deferred to the 36^th Legislative Day.

     Was read the first time and the Speaker waived the committee referral.

     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.

     And the roll being called:

     Yeas 61, Nays 4, Excused 5, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Kooistra; Lange; Lintz; McCoy; Michels; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Hundstad; Kloucek; McCaulley; Monroe

     Excused:
Brown (Jarvis); Gillespie; Klaudt; Madsen; Nachtigal

     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.

"      Section 2. That § 3-4-6 be amended to read as follows:

     3-4-6.   Appointments to state offices shall be made in writing and shall continue for the remainder of the unexpired term of office. Unless otherwise provided by law, all other appointments shall be made in writing and shall continue until the next general election and until a successor is elected and qualified. A vacancy must occur prior to June May first in an even-numbered year, other than in a year when the term of office would normally expire, for the office to be filled by election for the remainder of the unexpired term. Any person elected to an office that was previously vacant shall take office in the year following the election on the day of that year when a full term for that office would normally commence.

     Section 3. That § 7-7-1.9 be amended to read as follows:

     7-7-1.9.   An officer shall be nominated and elected at the next general election to the combined office provided for in §  7-7-1.8. If the election submitted pursuant to §  7-7-1.5 is held at a primary election, each candidate for the vacant officer shall run as an independent candidate as provided in chapter 12-7, except that the petition filing deadline shall be the first Tuesday in August. The officer shall be voted upon by the voters of the counties that have resolved to combine such the office. Such officer shall hold office for a term of four years commencing on the first Monday of January following his the officer's election.

     Section 4. That § 7-8-9 be amended to read as follows:

     7-8-9.   Commissioners Any commissioner to be elected at the next general election following a redistricting of the county under §  7-8-6 or 7-8-7 shall be nominated by petition in accordance with the provisions of this code as to nominations of pursuant to the provisions for nominating independent candidates for public office by petition. However, the filing deadline shall be the first Tuesday in August.

     Section 5. That § 23-3-43.1 be amended to read as follows:

     23-3-43.1.   Any candidate for election to the office of county sheriff shall file with the county auditor by the first Tuesday of April of the election year a certification issued by the commission that such person meets the qualifications provided in §  23-3-43. However, any such candidate appointed to fill a vacancy by a party central committee pursuant to §  12-6-56 or who files an independent nominating petition shall file such a certification of qualification by the second first Tuesday of August June . A sheriff appointed to fill a vacancy by the county commission shall file with the county auditor such a certification of qualification within thirty days of such the appointment. Failure to file such a certification shall prevent the candidate's name from being placed on the ballot. ".

    Speaker Eccarius now presiding.

     Which motion prevailed and HB 1221 was so amended.

     Yeas 63, Nays 3, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Flowers; Nachtigal; Olson (Mel)

     Excused:
Brown (Jarvis); Gillespie; Klaudt; Madsen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1001 was up for reconsideration and final passage.

"      Section 45. Sections 13 to 44, inclusive, of this Act are effective only if Congress passes legislation authorizing states to collect sales and use taxes from retailers pursuant to the streamlined sales tax project.".

     Nays:
Flowers; Hundstad; McCaulley; Nachtigal; Olson (Mel); Valandra

     Excused:
Brown (Jarvis); Gillespie; Klaudt; Madsen

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

     Was read the second time.

     Excused:
Adelstein; Brown (Jarvis); Duenwald; Gillespie; Klaudt; Madsen

     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.

"      Section 4. No person may be a candidate for nomination or election to a public office if that person currently holds another public office and if the term of the current office does not expire until after the election for that office subsequent to the current election. If the person fails to resign from the person's current office within seven days after filing for another public office, the filing for another public office is deemed to have been withdrawn.".

    A roll call vote was requested and supported.

     The question being on Rep. Flowers' motion that HB 1116 be amended.

     And the roll being called:

     Yeas 16, Nays 47, Excused 7, Absent 0

     Yeas:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Hanson (Gary); Hargens; Kloucek; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Nays:
Abdallah; Begalka; Broderick; Clark; Derby; Duniphan; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Kooistra; Lange; Lintz; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

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

     Which motion prevailed and the bill was so deferred.

"      Section 5. That § 32-23-2 be amended to read as follows:

     32-23-2.   If conviction for a violation of §  32-23-1 is for a first offense , such and there is .10 percent or more by weight of alcohol in that person's blood, the person is guilty of a Class 1 misdemeanor, and the defendant's driving privileges shall be revoked for not less than thirty days. If conviction for a violation of §  32-23-1 is for a first offense and there is less than .10 percent, but more than .08 percent, by weight of alcohol in that person's blood, the person is guilty of a Class 2 misdemeanor. However, the court may in its discretion issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at court-ordered counseling programs during the hours of the day and the days of the week as set forth in the order. The court may also order the revocation of the defendant's driving privilege for a further period not to exceed one year or restrict the privilege in such manner as it sees fit for a period not to exceed one year.

     Section 6. That § 32-23-3 be amended to read as follows:

     32-23-3.   If conviction for a violation of §  32-23-1 is for a second offense , such and there is .10 percent or more by weight of alcohol in that person's blood, the person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, unconditionally revoke the

defendant's driving privilege for a period of not less than one year. If conviction for a violation of §  32-23-1 is for a second offense and there is less than .10 percent, but more than .08 percent, by weight of alcohol in that person's blood, the person is guilty of a Class 2 misdemeanor, and the court shall, in pronouncing sentence, unconditionally revoke the defendant's driving privilege for a period of not less than six months. However, upon the successful completion of a court-approved alcohol treatment program, the court may permit the person to drive for the purpose of employment and may restrict the privilege by the imposition of such conditions as the court sees fit. If such person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than three days, which sentence may not be suspended.

     Section 7. That § 32-23-4 be amended to read as follows:

     32-23-4.   If conviction for a violation of §  32-23-1 is for a third offense as a Class 1 misdemeanor , the person is guilty of a Class 6 felony, and the court, in pronouncing sentence, shall unconditionally revoke the defendant's driving privileges for such a period of time as may be determined by the court, but in no event less than one year from the date sentence is imposed or one year from the date of discharge from incarceration, whichever is later. If the person is convicted of driving without a license during that period, he the person shall be sentenced to the county jail for not less than ten days, which sentence may not be suspended. ".

"      Section 5. That § 42-8-45 be amended to read as follows:

     42-8-45.   No person may operate a boat while underway on the public waters of the state while:

     42-8-45.4.   In any criminal prosecution for a violation of §   42-8-45, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance shall give gives rise to the following presumptions:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1006, 1007, and 1010 and finds the same correctly enrolled.

     The Committee on Legislative Procedure respectfully reports that HB 1043 was delivered to his Excellency, the Governor, for his approval at 3:35 p.m., January 25, 2002.