JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION



TWENTY-NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 24, 2003

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

     The prayer was offered by the Chaplain, Pastor Geraldine King, followed by the Pledge of Allegiance led by House page Amy Bartling.

     Roll Call: All members present except Reps. Elliott and LaRue 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 twenty-eighth 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,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
    The oath of office was administered by Speaker Michels to the following named pages:

    Etta Balo, Amy Bartling, Matthew Clark, Anne Davis, Luke Edwards, James Hamilton, Brenna Koistinen, Angela Nelson, Carrie Rounds, Molly Wilbur, and Alyson Wise.

    Which was subscribed to and placed on file in the office of the Secrerary of State.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1030 as found on page 552 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1030 be approved?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Wick; Williamson; Speaker Michels

     Excused:
Bradford; Elliott; LaRue; Valandra; Van Norman; Weems

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HCR 1013 and returns the same with the recommendation that said resolution be amended as follows:

hcr1013ja
     On page 476, line 4 of the House Journal, delete " the basic rights of " .

     On page 476 , line 33, delete " these inalienable rights of " .

     And that as so amended said resolution be adopted.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SCR 5 and returns the same with the recommendation that said resolution be amended as follows:

scr5a
     On page 430, line 1 of the Senate Journal, delete " Establishing a legislative policy on suicide and creating " and insert "Creating".

     On page 430 , line 30, delete " through " and insert "though".

     And returns the same with the recommendation that said amended resolution be concurred in.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 119 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 SB 115, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

115fb
     On page 1, line 10 of the Senate Transportation Committee engrossed bill, delete " at least five of " .

     On page 2 , line 9, delete " and (4) " and insert "(4), and (7)".

     And that as so amended said bill do pass.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 76 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 141 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

    Speaker Pro tempore Madsen now presiding.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1024, 1098, 1180, and 1237 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1012 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1008 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 35, 95, 102, 149, 177, 187, and 213 which have passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 6 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     SCR 6:   A CONCURRENT RESOLUTION,   Recognizing the contribution of Helen A. Miller to the Aberdeen four-lane highway project.

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

CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Bill Peterson moved that the reports of the Standing Committees on

     Judiciary on SB 72 as found on page 553 of the House Journal ; also

     Health and Human Services on SB 172 as found on pages 553 and 554 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 70:   FOR AN ACT ENTITLED, An Act to   codify legislation enacted in 2002.

     Was read the second time.

     The question being "Shall SB 70 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Wick; Williamson; Speaker Michels

     Nays:
Putnam

     Excused:
Bradford; Elliott; LaRue; Valandra; Van Norman; Weems

     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 73:   FOR AN ACT ENTITLED, An Act to   require that constitutional amendments, initiated measures, and referred laws shall be designated in a certain manner.

     Was read the second time.

     The question being "Shall SB 73 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Excused:
Bradford; Elliott; LaRue; Valandra; Van Norman

     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 181:   FOR AN ACT ENTITLED, An Act to   repeal certain obsolete provisions regarding time references to central standard time and mountain standard time.


     Was read the second time.

     The question being "Shall SB 181 pass?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Hundstad

     Excused:
Bradford; Elliott; LaRue; Valandra; Van Norman

     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 35:   FOR AN ACT ENTITLED, An Act to   exempt certain gross receipts from sales and use taxes.

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

     SB 95:   FOR AN ACT ENTITLED, An Act to   revise the circumstances in which motor vehicle lamps are required to be in use.

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

     SB 102:   FOR AN ACT ENTITLED, An Act to   limit certain liquor license renewal fees.

     Was read the first time and referred to the Committee on Local Government.


      SB 149:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the sale or marketing of unstamped cigarettes.

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

     SB 177:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to contested cases under the Administrative Procedures Act and the Office of Hearing Examiners.

     Was read the first time and referred to the Committee on State Affairs.

     SB 187:   FOR AN ACT ENTITLED, An Act to   clarify the authority of counties to grant certain utility easements for the installation of underground cable.

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

     SB 213:   FOR AN ACT ENTITLED, An Act to   prohibit hunting on certain school and public lands containing unharvested crops.

     Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 23:   FOR AN ACT ENTITLED, An Act to   grant counties greater authority to prohibit the use of fireworks during periods of extreme fire danger.

     Was read the second time.

23fa

     Rep. Rhoden moved that SB 23 be amended as follows:

     On page 1, line 5 of the House Agriculture and Natural Resources Committee engrossed bill, delete " , other " .

     On page 1 , line 6, delete everything before " outside the " .

    A roll call vote was requested and supported.

     The question being on Rep. Rhoden's motion that SB 23 be amended.

     And the roll being called:

     Yeas 46, Nays 21, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Buckingham; Burg; Cutler; Engels; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Hennies; Hundstad; Juhnke; Klaudt; Kraus; Kroger; Lange; Lintz; Madsen; McCoy; McLaughlin; Miles; Nesselhuf; Novstrup; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sigdestad; Teupel; Thompson; Van Etten; Van Norman; Weems; Williamson; Speaker Michels

     Nays:
Begalka; Christensen; Cradduck; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Haverly; Heineman; Hunhoff; Koistinen; Konold; McCaulley; Murschel; O'Brien; Sebert; Smidt; Solum; Van Gerpen; Wick

     Excused:
Elliott; LaRue; Valandra

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 23 was amended.

     The question being "Shall SB 23 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 6, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Juhnke; Klaudt; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sigdestad; Smidt; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Fryslie; Hunhoff; Koistinen; Konold; Sebert; Solum

     Excused:
Elliott; LaRue; Valandra

     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 29:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct an addition to the Darold "Dud" King Physical Education Center at the South Dakota School of Mines and Technology and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall SB 29 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Davis

     Excused:
Elliott; Garnos; LaRue; Valandra

     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.

     SB 80:   FOR AN ACT ENTITLED, An Act to   establish the Richard Hagen-Minerva Harvey memorial scholarship program and to make an appropriation therefor.

     Was read the second time.

     Rep. Smidt moved that SB 80 be deferred to Wednesday, February 26th, the 31st legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 81:   FOR AN ACT ENTITLED, An Act to   make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for the purpose of making certain grants and loans, and to declare an emergency.


     Was read the second time.

     The question being "Shall SB 81 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; LaRue; Valandra

     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.

     SB 85:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

     Was read the second time.

     The question being "Shall SB 85 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Peterson (Bill)


     Excused:
Elliott; LaRue; Valandra

     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.

     SB 127:   FOR AN ACT ENTITLED, An Act to   provide that the beneficial interest in any wind easement shall follow the surface estate.

     Was read the second time.

     The question being "Shall SB 127 pass?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Burg; Christensen; Cradduck; Cutler; Davis; Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Buckingham; Deadrick (Thomas); McCoy; Teupel

     Excused:
Elliott; LaRue; Valandra

     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 145:   FOR AN ACT ENTITLED, An Act to   revise certain Central Plains Water Development District boundaries.

     Was read the second time.

145fa

     Rep. Hackl moved that SB 145 be amended as follows:

     On page 2, line 2 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete " Potter, " .
     Which motion prevailed and SB 145 was so amended.

     The question being "Shall SB 145 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; Hargens; LaRue; Valandra

     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 199:   FOR AN ACT ENTITLED, An Act to   revise the powers and composition of the South Dakota State Fair Commission within the Department of Agriculture.

     Was read the second time.

     The question being "Shall SB 199 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; LaRue; Valandra

     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 41:   FOR AN ACT ENTITLED, An Act to   provide for the creation of a no solicitation calls list for persons wishing not to receive unsolicited telephone calls, to create a telephone solicitation account, and to establish certain fees and civil penalties.

     Was read the second time.

     Rep. Bill Peterson moved that SB 41 be deferred to Thursday, February 27th, the 32nd legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 221:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the formation of ambulance districts.

     Was read the second time.

     The question being "Shall SB 221 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Miles; Sigdestad

     Excused:
Elliott; LaRue; Valandra

     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 75:   FOR AN ACT ENTITLED, An Act to   revise the requirements for irrigation district directors.

     Was read the second time.

     Rep. Bill Peterson moved that SB 75 be deferred to Wednesday, February 26th, the 31st legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 184:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the collection, retention, and use of DNA samples.

     Was read the second time.

     The question being "Shall SB 184 pass?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Gassman; Peterson (Bill); Van Gerpen; Van Norman

     Excused:
Elliott; LaRue; Valandra

     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 136:   FOR AN ACT ENTITLED, An Act to   revise certain format standards for real estate documents filed at the register of deeds.


     Was read the second time.

     The question being "Shall SB 136 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; LaRue; Valandra

     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 135:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of optometry.

     Was read the second time.

     The question being "Shall SB 135 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Gerpen; Van Norman; Weems; Williamson; Speaker Michels

     Nays:
Heineman; Konold; Peterson (Bill); Van Etten

     Excused:
Elliott; LaRue; Valandra; Wick

     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.

    Speaker Michels now presiding.

     SB 58:   FOR AN ACT ENTITLED, An Act to   establish the value added tourism subfund and to provide for its funding and disbursement.

     Was read the second time.

     Rep. Madsen moved that SB 58 be deferred to Tuesday, February 25th, the 30th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 86:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding reduced tuition for state employees.

     Was read the second time.

     The question being "Shall SB 86 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Begalka

     Excused:
Elliott; LaRue; Valandra


     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.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1024, 1098, 1180, and 1237 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1024: FOR AN ACT ENTITLED, An Act to  revise the definition of the periods of service which qualify for veterans benefits.

     HB 1098: FOR AN ACT ENTITLED, An Act to  provide for the accrual and accumulation of vacation and sick leave by state employees on a semimonthly basis.

     HB 1180: FOR AN ACT ENTITLED, An Act to  repeal the effective date for the sunsetting of certain provisions related to insurance taxes and to revise certain provisions related to policies having cash surrender values exceeding one million dollars.

     HB 1237: FOR AN ACT ENTITLED, An Act to  provide for the correction of certain taxation errors by political subdivisions.

     SB 12: FOR AN ACT ENTITLED, An Act to  provide for more than one recount board in a county.

     SB 34: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding temporary vendors maintaining records for sales tax collection purposes and to provide a penalty for failure to comply with certain record keeping requirements.

     SB 59: FOR AN ACT ENTITLED, An Act to  transfer from the county register of deeds to the county treasurer certain administrative duties regarding titles for vehicles and boats.

     SB 67: FOR AN ACT ENTITLED, An Act to  modify the conditions under which contracts with local officers are permitted.

     SB 142: FOR AN ACT ENTITLED, An Act to  clarify the manner in which separate allegations of former convictions may be brought in certain cases involving driving under the influence.

     SB 146: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding visitation rights for grandparents.

     And signed the same in the presence of the House.

     Rep. Sigdestad moved that the House do now adjourn, which motion prevailed and at 3:25 p.m. the House adjourned.

Karen Gerdes, Chief Clerk