Printer FriendlyHouse of Representatives Journal 2/16/2010 02:00 PM
JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 16, 2010
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of
Allegiance led by House pages Lexy Schuman and Michael Stockert.
Roll Call: All members present except Reps. Iron Cloud III, Krebs, and Noem 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 twentieth 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,
Timothy A. Rave, Chair
Which motion prevailed.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1131 and 1244 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1105 and returns the same with the recommendation that said bill be amended as follows:
1105sb
On page 1 of the printed bill, delete lines 10 and 11.
On page 1, line 12, delete everything after "Section 2." .
On page 1, delete lines 13 and 14.
On page 2, delete lines 1 and 2.
On page 2, line 5, delete "hundred eighty days" and insert "year".
On page 2, delete lines 12 to 15, inclusive.
On page 2, delete line 24.
On page 3, delete lines 1 to 5, inclusive.
On page 4, delete lines 1 to 3, inclusive.
On page 4, line 4, delete "convictions and".
1105ra
On page 2, line 6, of the printed bill, delete "or a dismissal of the charge".
1105sta
On page 1, line 1, of the printed bill, delete "conviction or".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1110 and returns the same with the recommendation that said bill be amended as follows:
1110ra
On page 1 of the printed bill, delete lines 4 to 13, inclusive.
1110rta
On page 1, line 1, of the printed bill, delete "and" and insert ".".
On page 1, delete line 2.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1132 and returns the same with the recommendation that said bill be amended as follows:
1132fb
On page 1 of the printed bill, delete lines 9 to 12, inclusive, and insert "person to the direct
supervision of any member of a mobile crisis team or crisis intervention team certified law
enforcement officer. If any member of the mobile crisis team or the crisis intervention team
certified law enforcement officer accepts direct supervision of the person, in writing, the
member or officer may:".
On page 1, line 15, delete everything after "." And insert "Any team member".
On page 2, line 1, delete everything before "may" .
On page 2, delete line 22, and insert "techniques involving any person who is mentally ill
or has substance abuse issues and".
On page 2, line 24, delete everything after "(2)" and insert ""Crisis intervention team," a
team of law enforcement officers and individuals who have undergone a comprehensive training
program in crisis intervention techniques involving any person who is mentally ill or has
chemical dependency or substance abuse issues;
(3) "Mobile crisis team," an interdisciplinary team of one or more mental health
professionals able to respond to any person in the community, usually visiting the
person at home, for mental health and chemical dependency or abuse intervention;
(4) "Team member," any person who is a member of a crisis intervention team or a
mobile crisis team.".
On page 3, delete lines 1 to 3, inclusive.
On page 3, line 7, delete "qualified mental health professional member of a".
On page 3, line 9, delete "qualified mental health professional".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1112 which was deferred to the 41st Legislative Day.
Respectfully submitted,
Joni M. Cutler, Chair
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1264 and returns the same with the recommendation that said bill be
amended as follows:
1264ta
On page 1, line 10, of the printed bill, after "licenses" insert ", supply to be determined and
supplied by the Department of Game, Fish and Parks,".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1269 which was tabled.
Respectfully submitted,
Thomas J. Brunner, Chair
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1178 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 1191 and returns the same with the recommendation that said bill be amended as follows:
1191oa
On page 1, line 6, of the printed bill, remove the overstrikes from "containing at least five
acres".
On page 1, line 9, after "." insert "However, in any county that has adopted a subdivision
ordinance, the minimum size of the tract of land used or to be used for residential purposes for
which an easement or right-of-way may be granted is the minimum size required by the
ordinance.".
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 1271 which was deferred to the 41st Legislative Day.
Respectfully submitted,
Kent Juhnke, Vice Chair
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1275 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 1223 and returns the same with the recommendation that said bill be amended
as follows:
1223ja
On page 2, line 2, of the printed bill, delete ". The adopted person shall file" and insert "by
filing".
On page 2, line 2, delete "provide" and insert "providing".
On page 2, line 6, after "34-25-52." insert "The Department of Health may promulgate
rules, pursuant to chapter 1-26, for the administration of this section.".
On page 2, delete lines 7 to 23, inclusive.
1223jb
On the previously adopted amendment (1223ja), before "The Department" insert "If a
parent has indicated a no contact preference no original birth certificate may be obtained.".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1144 which was tabled.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1230 and 1253 which were deferred to the 41st Legislative Day.
Respectfully submitted,
Carol A. Pitts, Chair
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1041 and returns the same with the recommendation that said bill be amended as follows:
1041ff
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. The requirement for affixing stamps to packages containing cigarettes is
hereby repealed. Each distributor and wholesaler delivering cigarettes in the state of South
Dakota shall pay the tax imposed by this chapter. The Department of Revenue and Regulation
shall promulgate rules pursuant to chapter 1-26 to collect the cigarette tax and to administer and
enforce the provisions regarding the sale and distribution of cigarettes."
1041ftb
On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise certain
provisions concerning the application and administration of the cigarette tax and to repeal
certain requirements concerning cigarette stamps.".
On page 1, delete line 2.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1252 and returns the same with the recommendation that said bill be amended as follows:
1252fa
On page 2 of the printed bill, delete lines 8 to 10, inclusive, and insert "revenue collected
for rentals of a housing project exclusive of any charge for utilities and special services such as
heat, water, electricity, gas, cooking fuel, and other necessary services or facilities residential
dwelling units. The term, dwelling unit rental, does not include any".
And that as so amended said bill do pass and be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1084 and 1266 and HJR 1006 which were deferred to the 41st Legislative Day.
Respectfully submitted,
Ryan P. Olson, Chair
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1169 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1107 and returns the same with the recommendation that said bill be amended
as follows:
1107ta
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 32-12-1 be amended to read as follows:
32-12-1. For purposes of this chapter, terms are defined in § 32-14-1. Terms used in this
chapter mean:
(1) "Driver license," a document issued by a state or jurisdiction to an individual that
authorizes the individual to drive a motor vehicle, including an operator's license,
motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's
permit, instruction permit, motorcycle instruction permit, and temporary permit;
(2) "Operator's license," any document issued by a state or jurisdiction to an individual
that bestows full driving privileges upon the individual; and
(3) "Personally identifiable information," any information that can be used to distinguish
or trace an individual's identity, such as name, social security number, or driver
license or nondriver identification card number; and
(4) "Principal residence," the location where a person currently resides even if at a
temporary address.
Section 2. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as
follows:
Any person who holds a valid South Dakota operator's license, motorcycle operator's
license, or nondriver identification card that meets the requirements of this chapter and 6 C.F.R.
Part 37, as amended to January 1, 2010, may apply for renewal by mail once in any ten year
period if:
(1) The applicant is a citizen or national of the United States or is an alien who has
permanent resident status;
(2) The applicant has not had a material change in any personally identifiable
information as defined in § 32-12-1. A change of address of principal residence does
not constitute a material change;
(3) The applicant is not applying for reinstatement after a suspension, revocation,
disqualification, or cancellation; and
(4) The applicant has complied with all other provisions of this chapter and is eligible
for renewal by mail as determined by the Department of Public Safety.
Section 3. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as
follows:
The secretary of the Department of Public Safety shall promulgate rules, pursuant to chapter
1-26, on medical and vision standards, presentment of documents, application deadlines, and
fees relating to the renewal by mail of an operator's license, motorcycle operator's license, or
nondriver identification card under the provisions of this chapter."
1107fta
On page 1, line 1, of the printed bill, delete everything after "to" and insert "permit certain
persons to renew an operator's license, motorcycle operator's license, or nondriver identification
card without appearing in person at a driver license exam site.".
On page 1, delete line 2.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1134 and 1221 which were deferred to the 41st Legislative Day.
Respectfully submitted,
Mark Kirkeby, Chair
MOTIONS AND RESOLUTIONS
Rep. Brunner moved that the House do not concur in Senate amendments to HB 1014 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. Hoffman moved as a substitute motion that the House do concur in Senate
amendments to HB 1014.
The question being on Rep. Hoffman's substitute motion that the House do concur in
Senate amendments to HB 1014.
And the roll being called:
Yeas 45, Nays 22, Excused 3, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Burg; Cronin; Curd; Cutler; Dennert; Elliott; Engels; Faehn;
Fargen; Feickert; Frerichs; Gibson; Hamiel; Hoffman; Hunhoff (Bernie); Killer; Kirkeby;
Kirschman; Kopp; Lange; Lederman; Lucas; Moser; Novstrup (David); Nygaard; Peters;
Putnam; Rausch; Rounds; Schlekeway; Schrempp; Solberg; Solum; Sorenson; Street;
Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Wismer; Speaker Rave
Nays:
Brunner; Carson; Conzet; Deadrick; Feinstein; Gosch; Greenfield; Hunt; Jensen; Juhnke; Lust;
McLaughlin; Olson (Betty); Olson (Ryan); Pitts; Romkema; Russell; Sly; Steele; Van Gerpen;
Verchio; Wink
Excused:
Iron Cloud III; Krebs; Noem
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
The question being on Rep. Brunner's motion that the House do not concur in Senate
amendments to HB 1014 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. Hoffman called for a division of the House.
The Speaker declared Rep. Brunner's motion prevailed and the Speaker appointed as such
committee Reps. Russell, Cronin, and Sorenson.
HCR 1009 Introduced by: Representatives Kopp, Bolin, Brunner, Cronin, Curd, Feickert,
Gosch, Greenfield, Hamiel, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Kirkeby, Lange,
Lederman, Moser, Novstrup (David), Olson (Betty), Olson (Ryan), Pitts, Putnam, Rausch,
Russell, Schlekeway, Sly, Steele, Tidemann, Turbiville, Van Gerpen, Verchio, and Wink and
Senators Brown, Abdallah, Bradford, Haverly, Maher, and Schmidt
A CONCURRENT RESOLUTION, Calling for balanced teaching of global warming in the
public schools of South Dakota.
WHEREAS, the earth has been cooling for the last eight years despite small increases in
anthropogenic carbon dioxide; and
WHEREAS, there is no evidence of atmospheric warming in the troposphere where the
majority of warming would be taking place; and
WHEREAS, historical climatological data shows without question the earth has gone
through trends where the climate was much warmer than in our present age. The Climatic
Optimum and Little Climatic Optimum are two examples. During the Little Climatic Optimum,
Erik the Red settled Greenland where they farmed and raised dairy cattle. Today, ninety percent
of Greenland is covered by massive ice sheets, in many places more than two miles thick; and
WHEREAS, the polar ice cap is subject to shifting warm water currents and the break-up
of ice by high wind events. Many oceanographers believe this to be the major cause of melting
polar ice, not atmospheric warming; and
WHEREAS, carbon dioxide is not a pollutant but rather a highly beneficial ingredient for
all plant life on earth. Many scientists refer to carbon dioxide as "the gas of life"; and
WHEREAS, more than 31,000 American scientists collectively signed a petition to
President Obama stating:
"There is no convincing scientific evidence that human release of
carbon dioxide, or methane, or other greenhouse gasses is causing or will, in the foreseeable
future, cause catastrophic heating of the earth's atmosphere and disruption of the earth's
climate. Moreover, there is substantial scientific evidence that increases in atmospheric carbon
dioxide will produce many beneficial effects on the natural plant and animal environments of
the earth":
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South
Dakota Legislature urges that instruction in the public schools relating to global warming
include the following:
(1) That global warming is a scientific theory rather than a proven fact;
(2) That there are a variety of climatological, meteorological, astrological, thermological,
cosmological, and ecological dynamics that can effect world weather phenomena and
that the significance and interrelativity of these factors is largely speculative; and
(3) That the debate on global warming has subsumed political and philosophical
viewpoints which have complicated and prejudiced the scientific investigation of
global warming phenomena; and
BE IT FURTHER RESOLVED, that the Legislature urges that all instruction on the theory
of global warming be appropriate to the age and academic development of the student and to
the prevailing classroom circumstances.
Was read the first time and the Speaker waived the committee referral.
Rep. Faehn moved that when we adjourn today, we adjourn to convene at 2:30 p.m. on
Wednesday, February 17th, the 22nd legislative day.
Which motion prevailed.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Faehn moved that the reports of the Standing Committees on
State Affairs on HB 1055 as found on pages 378 and 379 of the House Journal; also
Education on HB 1188 as found on pages 379 and 380 of the House Journal; also
Appropriations on HB 1025 as found on page 380 of the House Journal; also
Appropriations on HB 1026 as found on page 381 of the House Journal be adopted.
Which motion prevailed.
SECOND READING OF CONSENT CALENDAR ITEMS
HB 1257: FOR AN ACT ENTITLED, An Act to remove certain provisions relating to
countersignatures for insurance producers.
Was read the second time.
The question being "Shall HB 1257 pass?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick;
Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch;
Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby;
Kirschman; Kopp; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; 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:
Iron Cloud III; Krebs; Noem
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
Rep. Faehn moved that HB 1050 and 1119 be placed to follow HB 1206 on today's
calendar.
Which motion prevailed.
HB 1160: FOR AN ACT ENTITLED, An Act to allow a home school student to participate
in the opportunity scholarship program under certain circumstances.
Was read the second time.
The question being "Shall HB 1160 pass?"
And the roll being called:
Yeas 42, Nays 24, Excused 4, Absent 0
Yeas:
Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Faehn; Fargen; Gosch;
Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Kirkeby; Kopp; Lange;
Lederman; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan);
Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Turbiville;
Van Gerpen; Verchio; Wink; Speaker Rave
Nays:
Blake; Bolin; Burg; Elliott; Engels; Feickert; Feinstein; Frerichs; Gibson; Juhnke; Killer;
Kirschman; Lucas; Peters; Pitts; Putnam; Schrempp; Solberg; Street; Thompson; Tidemann;
Vanderlinde; Vanneman; Wismer
Excused:
Boomgarden; Iron Cloud III; Krebs; Noem
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 1158: FOR AN ACT ENTITLED, An Act to require the prompt payment of certain
suppliers of property and services under a contract with a public agency.
Was read the second time.
Rep. Rounds moved that HB 1158 be laid on the table.
The question being on Rep. Rounds' motion that HB 1158 be laid on the table.
And the roll being called:
Yeas 45, Nays 22, Excused 3, Absent 0
Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Faehn; Gosch;
Greenfield; Hamiel; Hoffman; Hunt; Jensen; Killer; Kopp; Lederman; Lucas; Lust; McLaughlin;
Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema;
Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Tidemann; Turbiville;
Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave
Nays:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff
(Bernie); Juhnke; Kirkeby; Kirschman; Lange; Moser; Nygaard; Sorenson; Street; Thompson;
Vanderlinde; Wismer
Excused:
Iron Cloud III; Krebs; Noem
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1158 was tabled.
Speaker Pro tempore Rausch now presiding.
HB 1104: FOR AN ACT ENTITLED, An Act to limit the source of recovery in certain
civil actions for childhood sexual abuse injuries.
Was read the second time.
The question being "Shall HB 1104 pass as amended?"
And the roll being called:
Yeas 42, Nays 23, Excused 5, Absent 0
Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Deadrick; Dennert; Engels; Faehn; Gosch;
Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Lucas; Lust;
McLaughlin; Novstrup (David); Olson (Betty); Olson (Ryan); Putnam; Rausch; Romkema;
Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Steele; Street; Tidemann; Turbiville; Van
Gerpen; Vanneman; Verchio; Wismer
Nays:
Blake; Burg; Conzet; Curd; Cutler; Elliott; Fargen; Feickert; Feinstein; Frerichs; Gibson;
Hunhoff (Bernie); Killer; Lange; Moser; Nygaard; Peters; Pitts; Schrempp; Sorenson;
Thompson; Vanderlinde; Wink
Excused:
Iron Cloud III; Krebs; Lederman; Noem; Speaker Rave
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 1093: FOR AN ACT ENTITLED, An Act to revise the open meeting requirement to
permit the use of teleconferencing for rule-making and other purposes.
Was read the second time.
The question being "Shall HB 1093 pass as amended?"
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick;
Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch;
Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby;
Kirschman; Kopp; Lange; Lucas; Lust; McLaughlin; Moser; 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
Excused:
Iron Cloud III; Krebs; Lederman; Noem; Speaker Rave
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 1180: FOR AN ACT ENTITLED, An Act to provide for the issuance of an on-sale
license and malt beverage license for the county fairgrounds and to authorize counties to issue
an additional on-sale license.
Was read the second time.
The question being "Shall HB 1180 pass as amended?"
And the roll being called:
Yeas 45, Nays 20, Excused 5, Absent 0
Yeas:
Boomgarden; Burg; Conzet; Cronin; Curd; Cutler; Dennert; Elliott; Engels; Faehn; Fargen;
Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hoffman; Hunhoff (Bernie); Hunt;
Jensen; Juhnke; Kirkeby; Kirschman; Lange; Lust; McLaughlin; Moser; Novstrup (David);
Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Schlekeway; Schrempp; Sly;
Solberg; Solum; Steele; Thompson; Vanderlinde; Verchio; Wink
Nays:
Blake; Bolin; Brunner; Carson; Deadrick; Hamiel; Killer; Kopp; Lucas; Putnam; Romkema;
Rounds; Russell; Sorenson; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Wismer
Excused:
Iron Cloud III; Krebs; Lederman; Noem; Speaker Rave
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 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
period within which tax deeds may be procured.
Was read the second time.
The question being "Shall HB 1179 pass?"
And the roll being called:
Yeas 40, Nays 26, Excused 4, Absent 0
Yeas:
Bolin; Boomgarden; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Faehn; Gosch;
Greenfield; Hamiel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Lust; McLaughlin; Moser; Novstrup
(David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds;
Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Vanneman; Verchio; Wink;
Speaker Rave
Nays:
Blake; Brunner; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson;
Hoffman; Hunhoff (Bernie); Killer; Kirschman; Lange; Lucas; Nygaard; Russell; Schrempp;
Solberg; Sorenson; Thompson; Van Gerpen; Vanderlinde; Wismer
Excused:
Iron Cloud III; Krebs; Lederman; Noem
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 Rave now presiding.
HB 1231: FOR AN ACT ENTITLED, An Act to provide for the monitoring of the
prescribing and dispensing of controlled substances.
Was read the second time.
Rep. Lust moved that HB 1231 be amended as follows:
On page 7, line 24, of the House Health and Human Services Committee engrossed bill,
delete "elected" and insert "selected".
Which motion prevailed.
Rep. Tidemann moved the previous question.
Which motion prevailed.
The question being "Shall HB 1231 pass as amended?"
And the roll being called:
Yeas 53, Nays 13, Excused 4, Absent 0
Yeas:
Bolin; Boomgarden; Burg; Carson; Conzet; Cronin; Curd; Cutler; Dennert; Elliott; Faehn;
Fargen; Feinstein; Frerichs; Gibson; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Killer; Kirkeby;
Kirschman; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Peters; Pitts;
Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson;
Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink;
Wismer; Speaker Rave
Nays:
Blake; Brunner; Deadrick; Engels; Feickert; Gosch; Greenfield; Hunhoff (Bernie); Kopp; Olson
(Betty); Olson (Ryan); Russell; Verchio
Excused:
Iron Cloud III; Krebs; Lederman; Noem
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 1197: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
railroad tax credits.
Was read the second time.
The question being "Shall HB 1197 pass as amended?"
And the roll being called:
Yeas 24, Nays 41, Excused 5, Absent 0
Yeas:
Blake; Burg; Dennert; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Hunt; Jensen;
Juhnke; Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Street;
Thompson; Van Gerpen; Vanderlinde; Wismer
Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Elliott; Engels;
Faehn; Fargen; Gosch; Greenfield; Hamiel; Hoffman; Kopp; Lust; McLaughlin; Moser;
Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema;
Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Vanneman; Verchio;
Wink; Speaker Rave
Excused:
Iron Cloud III; Kirkeby; Krebs; Lederman; Noem
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1206: FOR AN ACT ENTITLED, An Act to provide that incontestability provisions
in certain life insurance policies do not apply in cases of fraud.
Was read the second time.
The question being "Shall HB 1206 pass?"
And the roll being called:
Yeas 40, Nays 26, Excused 4, Absent 0
Yeas:
Bolin; Brunner; Carson; Conzet; Curd; Cutler; Faehn; Fargen; Feickert; Frerichs; Greenfield;
Hamiel; Hoffman; Jensen; Juhnke; Kirkeby; Kirschman; Lucas; Lust; McLaughlin; Moser;
Novstrup (David); Olson (Betty); Olson (Ryan); Putnam; Rausch; Romkema; Rounds; Russell;
Schlekeway; Schrempp; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen;
Vanneman; Speaker Rave
Nays:
Blake; Boomgarden; Burg; Cronin; Deadrick; Dennert; Elliott; Engels; Feinstein; Gibson;
Gosch; Hunhoff (Bernie); Hunt; Killer; Kopp; Lange; Nygaard; Peters; Pitts; Solberg; Sorenson;
Thompson; Vanderlinde; Verchio; Wink; Wismer
Excused:
Iron Cloud III; Krebs; Lederman; Noem
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. Faehn moved that the balance of the calendar including HB 1050 and 1119 and
SB 23, 13, 24, and 68 be deferred to Wednesday, February 17th, the 22nd legislative day.
Which motion prevailed.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1015 and 1031 were
delivered to his Excellency, the Governor, for his approval at 8:45 a.m., February 16, 2010.
Respectfully submitted,
Timothy A. Rave, Chair
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
4:24 p.m. the House adjourned.
Karen Gerdes, Chief Clerk