2010 Session - House of Representatives Journals

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-ninth 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 Health and Human Services respectfully reports that it has had under consideration SB 115 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 SB 92 and returns the same without recommendation.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 67 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 7, of the printed bill, delete "sixty-four" and insert "sixty-three".

On page 1, line 13, delete "fifty-six" and insert "fifty-five".

On page 2, line 4, delete "three" and insert "two".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 78 and returns the same with the recommendation that said bill be amended as follows:

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On the Senate Taxation Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 192 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, line 12, of the printed bill, after "township" insert ", in which the wind farm is located,".

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On page 2, line 17, of the printed bill, after "county." insert "However, in no case may the apportionment distributed to the township exceed fifty percent of the sum of the taxes available for distribution pursuant to this section.".

And that as so amended said bill do pass.

Respectfully submitted,
Ryan P. Olson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1033, 1071, 1075, 1076, 1078, 1079, 1080, 1088, 1092, 1180, 1206, 1260, and 1275 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1042 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1011 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Cutler moved that the House do concur in Senate amendments to HB 1047.

The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1047.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Elliott; Rausch

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Faehn moved that the reports of the Standing Committees on

Education on SB 124 as found on pages 623 to 626 of the House Journal; also

Commerce on SB 2 as found on pages 627 and 628 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 166: FOR AN ACT ENTITLED, An Act to provide for the liquidation of the remaining property of the South Dakota Cement Plant Commission, to provide for the administration and payment of existing liabilities, to provide for the orderly winding up of the commission's affairs, to provide for the transfer of any remaining net proceeds, and to abolish the commission.

Was read the second time.

The question being "Shall SB 166 pass as amended?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Elliott; Feinstein; Rausch

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 10: FOR AN ACT ENTITLED, An Act to reduce the grace period for certain sex offender registry registrations.

Was read the second time.

The question being "Shall SB 10 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Curd; Elliott; Rausch

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 110: FOR AN ACT ENTITLED, An Act to provide for the posting of a bond by parolees under certain circumstances.

Was read the second time.

The question being "Shall SB 110 pass?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Russell

Excused:
Curd; Elliott; Lederman; Rausch

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 190: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the opt-out rights of credit card customers.

Was read the second time.

The question being "Shall SB 190 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Elliott; Lederman; Rausch

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 SENATE BILLS AND JOINT RESOLUTIONS

SB 85: FOR AN ACT ENTITLED, An Act to revise the continuing education requirements for certain veterinarians.

Having had its second reading was up for consideration and final passage.

The question being "Shall SB 85 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Lucas

Excused:
Curd; Elliott; Rausch

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 101: FOR AN ACT ENTITLED, An Act to authorize certain school districts to conduct school board elections during 2011 using voting centers and electronic records.

Having had its second reading was up for consideration and final passage.

The question being "Shall SB 101 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Sorenson; Verchio

Excused:
Curd; Elliott; Rausch

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 90: FOR AN ACT ENTITLED, An Act to provide an exception from one-call notification requirements to natural gas operators in emergency situations.

Was read the second time.

The question being "Shall SB 90 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Curd; Elliott; Rausch

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 61: FOR AN ACT ENTITLED, An Act to require an electric utility to file rates for purchases of electricity produced by small renewable power facilities.

Was read the second time.

The question being "Shall SB 61 pass?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Brunner; Jensen; Verchio

Excused:
Curd; Elliott; Rausch

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.

SJR 3: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to the right of individuals to vote by secret ballot.

Was read the second time.

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Rep. Hunhoff moved that SJR 3 be amended as follows:

On page 1, line 2, of the printed resolution, delete "VI" and insert "III".

On page 1, delete line 3, and insert "authority of a special interim legislative committee to approve the transfer of appropriated funds.".

On page 1, line 7, delete "VI" and insert "III".

On page 1, delete lines 10 to 12, inclusive, and insert:

" Section 2. That Article III of the Constitution of the State of South Dakota, be amended by adding a NEW SECTION to read as follows:

§ 33. The Legislature may, by law, empower a committee comprised of members of both houses of the Legislature, acting during recesses or between sessions, to approve, disapprove, or otherwise affect transfers of appropriated funds during that fiscal year.".

On page 2, delete lines 1 to 3, inclusive.

A roll call vote was requested and supported.

The question being on Rep. Hunhoff's motion that SJR 3 be amended.

And the roll being called:

Yeas 23, Nays 44, Excused 3, Absent 0

Yeas:
Blake; Burg; Dennert; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Cutler; Deadrick; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Curd; Elliott; Rausch

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

The question being "Shall SJR 3 pass?"

And the roll being called:

Yeas 44, Nays 23, Excused 3, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Cutler; Deadrick; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Blake; Burg; Dennert; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

Excused:
Curd; Elliott; Rausch

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

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole eligibility.

Was read the second time.

The question being "Shall SB 55 pass?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Iron Cloud III

Excused:
Curd; Elliott; Rausch

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 103: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to trusts.

Was read the second time.

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Rep. Feinstein moved that SB 103 be amended as follows:

On page 3, line 23, of the Senate Judiciary Committee engrossed bill, delete "expressly provided" and insert "otherwise expressly provided or limited".

Which motion lost.

The question being "Shall SB 103 pass as amended?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Blake; Burg; Gibson; Street

Excused:
Curd; Elliott; Rausch

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 109: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the deposit of county funds related to the 24/7 sobriety program.

Was read the second time.

The question being "Shall SB 109 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Curd; Elliott; Rausch

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 66: FOR AN ACT ENTITLED, An Act to make an appropriation to fund property tax and sales tax refunds for certain elderly persons and persons with a disability.

Was read the second time.

The question being "Shall SB 66 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Curd; Elliott; Rausch

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 121: FOR AN ACT ENTITLED, An Act to require the Department of Education to promote certain programs for children who are deaf and hard-of-hearing.

Was read the second time.

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Rep. Ryan Olson moved that SB 121 be amended as follows:

On page 1, line 5, of the House Education Committee engrossed bill, delete "~~may establish~~ shall promote" and insert "~~may~~ shall establish".

On page 1, line 6, remove the overstrikes from "~~promote~~".

On page 1, line 7, delete "encourage".

On page 3, after line 16, insert:

" Section 2. This Act is effective on July 1, 2011.".

Rep. Hoffman called for a division of the House.

The Speaker declared Rep. Ryan Olson's motion prevailed.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall SB 121 pass as amended?"

And the roll being called:

Yeas 33, Nays 34, Excused 3, Absent 0

Yeas:
Blake; Burg; Conzet; Cutler; Dennert; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lederman; Lucas; Nygaard; Olson (Ryan); Pitts; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Vanderlinde

Nays:
Bolin; Boomgarden; Brunner; Carson; Cronin; Deadrick; Faehn; Greenfield; Hamiel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Peters; Putnam; Rounds; Russell; Solum; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Elliott; Rausch

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

Rep. Dennert announced his intention to reconsider the vote by which SB 121 lost.

SB 54: FOR AN ACT ENTITLED, An Act to revise certain procedures for the commencement of civil actions by inmates.

Was read the second time.

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Rep. Gosch moved that SB 54 be amended as follows:

On page 2, after line 8 of the House Judiciary Committee engrossed bill, insert:

" Section 6. The failure to adopt an administrative remedy or grievance procedure does not constitute the basis for any action or relief.".

The Speaker, being in doubt of the voice vote, called for a division of the House.

The Speaker declared Rep. Gosch's motion prevailed.

The question being "Shall SB 54 pass as amended?"

And the roll being called:

Yeas 59, Nays 2, Excused 9, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hoffman; Hunt; Jensen; Juhnke; Killer; Kirkeby; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Iron Cloud III; Russell

Excused:
Curd; Elliott; Feinstein; Hamiel; Hunhoff (Bernie); Kirschman; Rausch; Rounds; Steele

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 96: FOR AN ACT ENTITLED, An Act to provide for the continuation of the waiver of the collaborative agreement requirement for certified nurse midwives providing out-of-hospital birth services.

Was read the second time.

The question being "Shall SB 96 pass as amended?"

And the roll being called:

Yeas 59, Nays 2, Excused 9, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

Nays:
Carson; Vanneman

Excused:
Curd; Elliott; Feinstein; Hamiel; Hunhoff (Bernie); Kirschman; Rausch; Rounds; Steele

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 86: FOR AN ACT ENTITLED, An Act to revise certain requirements related to the licensure of veterinarians.

Was read the second time.

The question being "Shall SB 86 pass?"

And the roll being called:

Yeas 61, Nays 0, Excused 9, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Elliott; Feinstein; Hamiel; Hunhoff (Bernie); Kirschman; Rausch; Rounds; Steele

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 141: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding documents or instruments filed with the register of deeds that may contain personally identifiable information.

Was read the second time.

Rep. Faehn moved that SB 141 be placed to follow SB 188 on today's calendar.

Which motion prevailed.

SB 62: FOR AN ACT ENTITLED, An Act to revise the notice requirements for closure of a highway and to provide a civil penalty for failure to comply with a closure.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall SB 62 pass as amended?"

And the roll being called:

Yeas 33, Nays 29, Excused 8, Absent 0

Yeas:
Bolin; Burg; Carson; Dennert; Faehn; Greenfield; Hoffman; Hunt; Iron Cloud III; Juhnke; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Noem; Novstrup (David); Pitts; Putnam; Schlekeway; Sly; Solberg; Solum; Street; Tidemann; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Blake; Boomgarden; Brunner; Conzet; Cronin; Cutler; Deadrick; Engels; Fargen; Feickert; Frerichs; Gibson; Gosch; Hunhoff (Bernie); Jensen; Killer; Kirkeby; Moser; Nygaard; Olson (Betty); Olson (Ryan); Peters; Romkema; Russell; Schrempp; Sorenson; Thompson; Turbiville; Vanderlinde

Excused:
Curd; Elliott; Feinstein; Hamiel; Kirschman; Rausch; Rounds; Steele

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

Rep. Krebs announced her intention to reconsider the vote by which SB 62 lost.

Rep. Faehn moved that SB 50, 64, 122, 89, 7, 8, 11, 132, 4, 136, 186, 188, and 141 be deferred to Wednesday, March 3^rd, the 31^st legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1055 was lost on second reading and final passage.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1008, 1037, 1040, 1062, 1063, 1064, 1065, 1069, 1070, 1073, 1074, 1089, 1179, and 1189 were delivered to his Excellency, the Governor, for his approval at 1:00 p.m., March 2, 2010.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1014, 1033, 1071, 1075, 1076, 1078, 1079, 1080, 1088, 1092, 1180, 1206, 1260, and 1275 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1014: FOR AN ACT ENTITLED, An Act to define trophy and nontrophy antelope, mule deer, white-tailed deer, and elk, and establish civil damages for the unlawful taking of trophy animals.

HB 1033: FOR AN ACT ENTITLED, An Act to permit and regulate the blending of natural gasoline and ethyl alcohol and to provide for an ethanol broker license.

HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to parental liability for willful acts of a child and to revise the limitation on recovery.

HB 1075: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to credit against unpaid fines and costs for time served and to disallow credit for time served against unpaid victim restitution.

HB 1076: FOR AN ACT ENTITLED, An Act to repeal certain statutes related to the testimony of sex offense victims and to evidence of a victim's prior sexual conduct in coordination with the adoption of certain evidentiary rules by the Supreme Court.

HB 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding court records inspection and copying.

HB 1079: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the issuance of a new birth certificate in certain adoptions.

HB 1080: FOR AN ACT ENTITLED, An Act to correct the omission of a reference to fifth-offense DUI for habitual offender cases and to remove certain outdated language.

HB 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the rights of certain new vehicle dealers and to declare an emergency.

HB 1092: FOR AN ACT ENTITLED, An Act to revise the certain provisions concerning continuing liens on wages by garnishment.

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.

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.

HB 1260: FOR AN ACT ENTITLED, An Act to revise the definition of federal law enforcement officer to include certain United States Forest Service personnel.

HB 1275: FOR AN ACT ENTITLED, An Act to extend the age limit for cochlear implants.

SB 15: FOR AN ACT ENTITLED, An Act to revise certain codes and standards regarding fire prevention.

SB 51: FOR AN ACT ENTITLED, An Act to permit the filing of certain documents with the secretary of state by electronic means and to provide penalties for false filings.

SB 57: FOR AN ACT ENTITLED, An Act to revise the time frames for issuing a decision in certain electric service area disputes and adequacy of service complaints.

SB 82: FOR AN ACT ENTITLED, An Act to require certain state contracts to be displayed on a searchable internet website.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:41 p.m. the House adjourned.

Karen Gerdes, Chief Clerk