2011 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-sixth 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,

Val Rausch, Chair

Which motion prevailed.

HONORED GUESTS

Rep. Solum introduced David Linngren, a member of the Watertown School District Board of Education, the Associated School Boards of South Dakota Outstanding School Board Member of South Dakota for 2010.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 22, 139, and 151 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 7, 10, 11, 51, and 52 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 153 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Kim Vanneman, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 147 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 146 and returns the same with the recommendation that said bill be amended as follows:

146fa

On page 1 of the printed bill, delete lines 5 and 6, and insert "Section 1.".

On page 2, delete lines 14 and 15, and insert "Section 2.".

On page 3, delete lines 6 and 7, and insert "Section 3.".

On page 3, delete lines 20 and 21, and insert "Section 4.".

On page 4, delete lines 7 and 8, and insert "Section 5.".

On page 4, delete lines 19 and 20, and insert "Section 6.".

On page 5, delete lines 7 and 8, and insert "Section 7.".

On page 5, delete lines 11 and 12, and insert "Section 8.".

On page 5, after line 14, insert:

" Section 9. No criminal penalty or civil liability may be applied or assessed for failure to comply with the provisions of this Act.".

And that as so amended said bill do pass.

Respectfully submitted,
Brock L. Greenfield, Vice-Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 67, 69, 89, 98, 113, 120, 122, and 130 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill be amended as follows:

68fb

On page 1 of the Senate engrossed bill, delete lines 6 to 15, inclusive, and insert:

" In addition to the investments permitted by § 4-5-6, any public funds which are not needed for current operating expenses may be invested in:

(1) Direct obligations of any county, municipality, or school district in the state; and

(2) Bonds issued by the South Dakota Housing Development Authority, the South Dakota Health and Educational Facilities Authority, or the South Dakota Building Authority.

The investments shall be registered in the name of the political subdivision or authority or held under a custodial agreement at a bank. The investments shall be rated at the time of purchase within the two highest general classifications established by a rating service of nationally recognized expertise in rating bonds of states and their political subdivisions. Other than permanent, trust, retirement, building, and depreciation reserve funds, such securities shall mature with eighteen months from the date of purchase or be redeemable at par at the option of the holder within eighteen months from the date of purchase.

Moneys in any bond redemption fund may be invested only in the types of investments listed in § 4-5-6. The investments shall be due and payable on or before the date when the bonds for the payment of which the bond redemption fund was created become due and payable, except bonds of the United States redeemable at par.

Section 2. That § 13-16-18 be amended to read as follows:

13-16-18. All accumulations in all school district funds shall be deposited in lawful depositories in checking accounts, savings accounts, or time deposits, or invested, except as hereinafter limited, in ~~bonds~~:

(1) Bonds, registered warrants, or promissory notes of the school district making ~~such~~ the investment, or securities issued and guaranteed by the United States government; or

(2) Investments authorized by section 1 of this Act.

The interest accruing on ~~such~~ the investment or deposit shall be credited to the respective fund or the general fund. Other than permanent, trust, retirement, building, and depreciation reserve funds, such securities shall mature within eighteen months from the date of purchase or be redeemable at par at the option of the holder within eighteen months from the date of purchase.

Moneys in any bond redemption fund may be invested only in ~~such of the above listed~~ the types of ~~securities as will become~~ investments listed in subdivision (1). The investments shall be due and payable on or before the date when the bonds for the payment of which ~~such~~ the

bond redemption fund was created become due and payable, except bonds of the United States redeemable at par.

In carrying out the provisions of this section, all transactions shall be by resolutions of the board, which resolutions shall be regularly filed and recorded with the business manager as a public record. ".

On page 2, delete lines 1 to 13, inclusive.

68ftb

On page 1, line 1, of the Senate engrossed bill, delete everything after "of" and insert "public funds in bonds issued by or direct obligations of certain political subdivisions or bonding authorities of the state.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Justin Cronin, Vice-Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1007 and 1008 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 133, 141, 149, 152, 156, 164, 172, 178, 185, 190, and 191 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1011: A CONCURRENT RESOLUTION, Expressing support for civic education in the public schools in South Dakota, and recognizing March 9, 2011, as Civic Education Day at the state capitol.

Rep. Jensen moved that HCR 1011 as found on page 492 of the House Journal be adopted.

The question being on Rep. Jensen's motion that HCR 1011 be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1011 was adopted.

HCR 1012 Introduced by: Representatives Kloucek, Bolin, Feinstein, Kirschman, Lucas, Moser, Russell, Schaefer, Schrempp, and Stricherz and Senators Nygaard, Bradford, Lederman, and Rampelberg

A CONCURRENT RESOLUTION, Urging local safety measures relating to horses and other animal entries in parades.

WHEREAS, in South Dakota and communities around the nation, parades have been a time-honored method of marking special occasions and local traditions, serving as a source of family entertainment and community pride; and

WHEREAS, horses and other animal entries in community parades always serve to enhance the entertainment and educational value of the event, while allowing the owners to showcase their animals as well as their riding, driving, and showmanship skills; and

WHEREAS, the use of horses, mules, and animal teams hitched to wagons or carriages in parades has a long-standing history, but it cannot be forgotten that such animals, if not properly trained and attended, can pose a safety hazard to parade participants and onlookers; and

WHEREAS, an accident at the Wagner South Dakota Labor Day parade in 2010 resulted in the hospitalization of three people when two mules hauling a wagon in the parade were spooked and veered into the crowd; and

WHEREAS, at a 2010 Fourth of July Parade in Bellevue, Iowa, one person was killed and twenty-three were injured when horses pulling a carriage bolted and ran several blocks along the parade route, striking numerous bystanders, many of them children sitting on the curb; and

WHEREAS, in addition to the tragedy in Bellevue, deaths related to parade animals have been recorded in recent years in Tucson, Arizona; Cody, Wyoming; Clemmons, North Carolina; Davie, Florida; and Pasadena, California, with injuries occurring in numerous other communities as well; and

WHEREAS, injuries caused by parade animals can be prevented if officials and parade participants follow simple and common-sense precautions in dealing with the animals, such as the use of outriders or grooms with teams of horses, mules, or oxen, age limits for riders and outriders, and other practices appropriate for the occasion:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-sixth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges local officials, parade organizers and administrators, and parade participants to take careful precautions relating to horses and other animal entries in community parades to ensure that the animals are under control and do not endanger parade participants and onlookers.

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

Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 25^th, the 28^th legislative day.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 133: FOR AN ACT ENTITLED, An Act to change the day of the month on which state aid to general education payments are made to school districts, and to provide for the redistribution of certain funds appropriated for state aid to education.

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

SB 141: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol consumption related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

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

SB 149: FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with concussions resulting from participation in youth athletic activities.

Was read the first time and referred to the Committee on Health and Human Services.

SB 152: FOR AN ACT ENTITLED, An Act to require that any reduction in the general fund levies of a school district only account for increases in the taxable valuation of property and to revise the property tax levies for the general fund of a school district.

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

SB 156: FOR AN ACT ENTITLED, An Act to prohibit the employment of unauthorized aliens, and to provide penalties therefor.

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

SB 164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of traffic on municipal streets.

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

SB 172: FOR AN ACT ENTITLED, An Act to reduce the interest rate applied for certain judgements, liens, and damages.

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

SB 178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the rights and duties of joint legal custodians.

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

SB 185: FOR AN ACT ENTITLED, An Act to revise and provide for the adjustment of the per student allocation for the state aid to general education formula.

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

SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2011.

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

SB 191: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the sales tax on food refund program.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 2: FOR AN ACT ENTITLED, An Act to repeal, update, and make form and style revisions to certain provisions related to the Bureau of Administration.

Was read the second time.

The question being "Shall SB 2 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Bolin; Vanneman

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 6: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests in the Sisseton National Guard Armory to the city of Sisseton.

Was read the second time.

The question being "Shall SB 6 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bolin; Vanneman

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 53: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the Veterans Commission and to veterans' rights, benefits, and services.

Was read the second time.

The question being "Shall SB 53 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bolin; Vanneman

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 23: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspection.

Was read the second time.

The question being "Shall SB 23 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bolin; Vanneman

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 25: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of funds in the telephone solicitation account.

Was read the second time.

The question being "Shall SB 25 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bolin; Vanneman

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 26: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the implementation of a proposed rate or practice by a gas or electric public utility.

Was read the second time.

The question being "Shall SB 26 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bolin; Vanneman

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 75: FOR AN ACT ENTITLED, An Act to revise the requirements for the annual conference held for the directors of equalization.

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

The question being "Shall SB 75 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Tornow

Excused:
Vanneman

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 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding what organizations qualify for an exemption from sales tax as a relief agency or a religious educational institution.

Was read the second time.

The question being "Shall SB 39 pass as amended?"

And the roll being called:

Yeas 54, Nays 15, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van Gerpen; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Brunner; Gosch; Greenfield; Haggar; Hansen (Jon); Iron Cloud III; Jensen; Liss; Nelson (Stace); Olson (Betty); Russell; Stricherz; Tornow; Venner; Verchio

Excused:
Vanneman

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 4: FOR AN ACT ENTITLED, An Act to update certain standards governing pedestrian control signals.

Was read the second time.

The question being "Shall SB 4 pass as amended?"

And the roll being called:

Yeas 58, Nays 10, Excused 2, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van Gerpen; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Dennert; Greenfield; Jensen; Kopp; Liss; Nelson (Stace); Russell; Stricherz; Tornow; Venner

Excused:
Blake; Vanneman

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 27: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the State Electrical Commission.

Was read the second time.

The question being "Shall SB 27 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Vanneman

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 28: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authority of the secretary of transportation to create limited speed zones through highway work areas and to declare an emergency.

Was read the second time.

The question being "Shall SB 28 pass?"

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Brunner; Gosch; Greenfield; Killer; Russell; Schrempp; Tornow

Excused:
Vanneman

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 38: FOR AN ACT ENTITLED, An Act to establish network adequacy standards, quality assessment and improvement requirements, utilization review and benefit determination requirements, and grievance procedures for managed health care plans, and to repeal certain standards for managed health care plans.

Was read the second time.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 38 pass as amended?"

And the roll being called:

Yeas 40, Nays 29, Excused 1, Absent 0

Yeas:
Blake; Carson; Cronin; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street; Turbiville; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Abdallah; Bolin; Boomgarden; Brunner; Conzet; Deelstra; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hubbel; Jensen; Juhnke; Kopp; Liss; Lust; Magstadt; Miller; Nelson (Stace); Olson (Betty); Russell; Steele; Stricherz; Tornow; Tulson; Van Gerpen; Venner; Verchio

Excused:
Vanneman

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 37: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction and renovation of a combined minimum security and parole facility in Rapid City and to declare an emergency.

Was read the second time.

The question being "Shall SB 37 pass?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Nelson (Stace); Russell

Excused:
Vanneman

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 99: FOR AN ACT ENTITLED, An Act to revise the provisions that determine the amount of the motor vehicle registration fees that shall be applied based on the age of the vehicles.

Was read the second time.

Rep. Street moved that SB 99 be deferred to Monday, February 28^th, the 29^th legislative day.

Which motion prevailed.

SB 61: FOR AN ACT ENTITLED, An Act to authorize board members of sanitary districts to contract with the districts in limited cases.

Was read the second time.

The question being "Shall SB 61 pass?"

And the roll being called:

Yeas 62, Nays 5, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Liss; Nelson (Stace); Russell; Tornow; Verchio

Excused:
Abdallah; Juhnke; Vanneman

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 62: FOR AN ACT ENTITLED, An Act to revise procedures and amounts relating to compensation and expense reimbursement for sanitary district board members.

Was read the second time.

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

And the roll being called:

Yeas 58, Nays 8, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Kirkeby; Kirschman; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Hubbel; Killer; Kloucek; Lucas; Nelson (Stace); Russell; Steele; Verchio

Excused:
Abdallah; Juhnke; Van Gerpen; Vanneman

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 revise certain provisions concerning tax incremental districts.

Was read the second time.

The question being "Shall SB 90 pass as amended?"

And the roll being called:

Yeas 55, Nays 12, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Liss; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Feickert; Hubbel; Kloucek; Kopp; Lucas; Miller; Nelson (Stace); Russell; Schaefer; Schrempp; Steele; Verchio

Excused:
Feinstein; Van Gerpen; Vanneman

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 106: FOR AN ACT ENTITLED, An Act to provide for reciprocal nonresident trapping licenses.

Was read the second time.

The question being "Shall SB 106 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Van Gerpen; Vanneman

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.

Rep. Lust moved that SB 66, 95, 108, 129, 55, 96, 142, 24, 94, 12, 13, 20, 32, and 36 be deferred to Friday, February 25^th, the 28^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

SB 40: FOR AN ACT ENTITLED, An Act to provide that the uniform administration of certain state taxes apply to the telecommunications gross receipts tax and to limit the application of the uniform administration of certain state taxes.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:29 p.m. the House adjourned.

Karen Gerdes, Chief Clerk