House of Representatives Journal 2/16/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

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:

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".

On page 2, line 6, of the printed bill, delete "or a dismissal of the charge".

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:

On page 1 of the printed bill, delete lines 4 to 13, inclusive.

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:

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 41^st 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:

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:

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 41^st 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:

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.

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 41^st 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:

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."

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:

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 41^st 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:

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."

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 41^st 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 17^th, the 22^nd 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 17^th, the 22^nd 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