House of Representatives Journal 1/27/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 27, 2010

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

The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House pages Jacee Dennert and Dylan Dethlefsen.

Roll Call: All members present except Reps. Bolin and Nygaard 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 tenth 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.

The oath of office was administered by Speaker Rave to the following named page:

Rachel Mairose.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 23 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 25 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1095 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1088 and returns the same with the recommendation that said bill be amended as follows:

On page 7, line 5, of the printed bill, delete "with a gross vehicle weight rating greater than three thousand pounds".

On page 7, between lines 12 and 13, insert:

" Section 2. That § 32-6B-7 be amended to read as follows:

32-6B-7. Before any license is issued, the applicant shall deliver to the department a good and sufficient surety bond, executed by the applicant as principal and by a surety company

qualified to do business in the state as surety. The bond shall be for an amount based upon the type of license applied for, as follows:

(1) Vehicle dealer's license --$25,000;

(2) Used vehicle dealer's license --$25,000;

(3) Motorcycle dealer's license --$5,000;

(4) Trailer dealer's license --$10,000 for trailers weighing ~~2,000~~ more than 3,000 pounds ~~or more~~; or

(5) Emergency vehicle dealer's license --$10,000.

The bond shall be to the department and in favor of any customer who suffers any loss that may be occasioned by reason of the failure of title or by reason of any fraudulent misrepresentation or breaches of warranty as to freedom from liens. The bond shall be for the license period~~, and a~~. A new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period. Any surety company that pays a claim against the bond of a licensee shall notify the department, in writing, that it has paid such a claim. Any surety company that cancels the bond of a licensee shall notify the department, in writing, of the cancellation, giving the reason for that cancellation. If a claim is made to the department against the bond, which claim is based upon a final judgment of a court of record of this state, the dealer shall execute an additional bond for the amount necessary to maintain the security at the original level.

Section 3. That § 32-6B-10 be amended to read as follows:

32-6B-10. No dealer's license may be issued to a person who desires to sell or offer for sale new vehicles, until the applicant furnishes written proof, satisfactory to the department, that he the person has a bona fide contract or franchise in effect in this state with the manufacturer of the vehicle~~, or vehicles, he~~ the person proposes to deal in. For the purposes of this section, written proof which does not adequately capture the intent of both the applicant and the manufacturer to be bound by the subject franchise or bona fide contract may be deemed insufficient by the department.

Section 4. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

The provisions of §§ 32-6B-45 to 32-6B-56, inclusive, do not apply to any trailer franchisee dealing in trailers with a weight of three thousand pounds or less. This section may not be construed to exclude such a franchisee from the licensing and other requirements contained in this chapter.".

And that as so amended said bill do pass.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1071 and 1092 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, overstrike "upon".

On page 1, line 5, overstrike "the death of the protected person,".

On page 1, delete lines 6 to 9, inclusive, and insert "the court following a hearing. A guardianship or conservatorship of a protected person shall also terminate upon the death of the protected person unless the assets of the conservatorship are less than two thousand dollars and the conservator elects to provide notice pursuant to § 29A-5-410 and obtains court approval to pay the debts and distribute the assets of the protected person to the heirs of the protected person pursuant to chapter 29A-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 1062 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 7, of the printed bill, delete "elected" and insert "selected".

On page 3, line 7, of the printed bill, after "standards" insert ", in consultation with the county coroners,".

On page 3, line 18, of the printed bill, delete "elected or newly appointed" and insert "selected".

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 1070 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 5, of the printed bill, after "." insert "However, any contract where the creditor is a regulated lender as defined in § 54-3-14, or any other good faith lender, is not subject to this section.".

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 1068 and 1085 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1002 and returns the same with the recommendation that said bill be amended as follows:

On page 3, after line 11 of the printed bill, insert:

" Section 7. That § 35-4-2.8 be amended to read as follows:

35-4-2.8. An on-sale licensee, licensed under subdivision 35-4-2(4) or (6), may also be licensed under subdivision 35-4-2(12) or (16), or both. A licensee holding two or more licenses pursuant to this section may exercise the privileges granted under the license issued pursuant to subdivision 35-4-2(12) or subdivision 35-4-2(16) ~~during the time specified in § 35-4-81.2~~. ".

On page 3, after line 11 of the printed bill, insert:

" Section 7. That § 9-29-7 be amended to read as follows:

9-29-7. ~~Every~~ Each municipality ~~shall have power to~~ may prohibit or regulate the transaction of business in alcoholic beverages, and the use and consumption ~~thereof, and to~~ of alcoholic beverages, establish the number of on- and off-sale licenses which may be issued, and the fees to be charged ~~therefor,~~ for the licenses, and provide for reasonable classifications of on-sale and off-sale licenses and for the issuance of high-point beer on- and off-sale licenses to licensees holding high-point beer licenses on December 31, 1979, for which the fees to be charged for the various classifications shall be uniform within each class, consistent with the provisions of Title 35. ~~The secretary of revenue shall be promptly furnished certified copies of all ordinances and resolutions or amendments thereto adopted relating to the exercise of these powers.~~

~~No high-point beer license provided for in this section may be transferred as to site.~~

Section 8. That subdivision (8) of § 7-8-20 be amended to read as follows:

(8) To regulate the transaction of business in alcoholic beverages, and the use and consumption ~~thereof~~ of alcoholic beverages, to establish the number of on-sale licenses which may be issued, to provide for reasonable classification of on-sale licenses and to fix the fees to be charged for the ~~various classifications which shall be uniform within each class, all~~ licenses consistent with the provisions of Title 35~~. The secretary of revenue shall be promptly furnished certified copies of all ordinances and resolutions or amendments thereto adopted relating to the exercise of these powers~~;

On page 1, line 3, of the printed bill, after "premise" insert "and to revise certain provisions concerning the power of municipalities and counties to regulate the sale and use of alcoholic beverages".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1069 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 7, of the printed bill, delete "two" and insert "four".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1086 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, delete "if one of the" and insert "only if one of the existing".

On page 1, line 7, of the printed bill, after "open" insert "and remains open".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1003 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 15, 19, 20, 31, 32, and 52 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Faehn moved that the report of the Standing Committee on

Transportation on HB 1006 as found on pages 172 and 173 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1130 Introduced by: Representatives Van Gerpen, 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, 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, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Vanderlinde, Vanneman, Verchio, Wink, and Wismer and Senators Adelstein, Abdallah, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle

FOR AN ACT ENTITLED, An Act to include the spouses of certain members of the armed forces who died in military service as eligible for gold star special license plates.

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

HB 1131 Introduced by: Representatives Cutler, Engels, Krebs, Schlekeway, Solberg, and Thompson and Senators Dempster, Abdallah, Heidepriem, Knudson, and Nesselhuf

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning intoxicated or incapacitated persons who may be taken into protective custody.

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

HB 1132 Introduced by: Representatives Cutler, Engels, Krebs, Schlekeway, Solberg, and Thompson and Senators Dempster, Abdallah, Heidepriem, Knudson, and Nesselhuf

FOR AN ACT ENTITLED, An Act to provide for the referral and placement of certain individuals in need of intervention.

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

HB 1133 Introduced by: Representatives Cutler, Blake, Bolin, Kirkeby, Moser, Solum, Thompson, Van Gerpen, and Vanderlinde and Senators Merchant, Abdallah, Dempster, Hanson (Gary), Jerstad, Miles, Nesselhuf, Peterson, and Tieszen

FOR AN ACT ENTITLED, An Act to prohibit minors from using certain wireless communication devices while operating motor vehicles upon the public highways and to provide certain exceptions.

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

HB 1134 Introduced by: Representatives Van Gerpen, Hamiel, Hoffman, Kirkeby, Kopp, Lederman, Putnam, Russell, Sorenson, Street, and Verchio and Senators Bradford, Adelstein, Bartling, Fryslie, and Peterson

FOR AN ACT ENTITLED, An Act to revise the organizational status of the Mike Durfee State Prison.

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

HB 1135 Introduced by: Representatives Olson (Betty), Brunner, Deadrick, Greenfield, Hoffman, Jensen, Kirkeby, Lederman, Lust, Noem, Russell, Schlekeway, Schrempp, Steele, Verchio, and Wink and Senators Gant, Abdallah, Maher, and Schmidt

FOR AN ACT ENTITLED, An Act to rescind all previous applications of the State of South Dakota for the calling of a federal constitutional convention to amend the Constitution of the United States.

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

HB 1136 Introduced by: Representatives Hunt, Bolin, Brunner, Greenfield, Jensen, Juhnke, Novstrup (David), Olson (Betty), Peters, and Steele and Senators Rhoden, Abdallah, Fryslie, Gant, Hansen (Tom), and Novstrup (Al)

FOR AN ACT ENTITLED, An Act to limit asbestos-related liabilities for certain successor corporations.

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

HB 1137 Introduced by: Representatives Faehn, Deadrick, Gosch, Noem, Rave, Solberg, and Solum and Senators Knudson and Rhoden

FOR AN ACT ENTITLED, An Act to permit the secretary of state to cancel a trademark or service mark registration under certain conditions.

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

HB 1138 Introduced by: Representatives Peters, Brunner, Conzet, Cronin, Cutler, Deadrick, Dennert, Fargen, Hunt, Kirkeby, Moser, Pitts, Putnam, Rausch, Romkema, Rounds, Schlekeway, Street, Tidemann, and Wink and Senators Gray, Ahlers, Bartling, Brown, Hansen (Tom), Haverly, Hunhoff (Jean), Novstrup (Al), Peterson, and Rhoden

FOR AN ACT ENTITLED, An Act to create certified technology parks and to provide certain financing mechanisms and bonding authority to enhance knowledge and tech-based economic development.

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

HB 1139 Introduced by: Representatives Olson (Betty), Brunner, Deadrick, Hamiel, Hoffman, Juhnke, Kirkeby, Lederman, Noem, Russell, Schrempp, Steele, Verchio, and Wink and Senators Brown, Gant, Maher, and Rhoden

FOR AN ACT ENTITLED, An Act to clarify the application of common law civil trespass on agricultural land and to provide for the recovery of liquidated damages against trespassers.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1140 Introduced by: Representatives Gibson, Bolin, Cutler, Elliott, Engels, Fargen, Feickert, Frerichs, Gosch, Hamiel, Juhnke, Kirkeby, Lange, Lederman, Nygaard, Olson (Betty), Romkema, Schrempp, Sly, Solberg, Sorenson, Turbiville, and Vanderlinde and Senators Bradford, Ahlers, Hanson (Gary), Hundstad, Jerstad, Kloucek, and Maher

FOR AN ACT ENTITLED, An Act to prohibit the use of certain photo radar speed detection systems and of certain photo monitoring devices to detect red light violations.

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

HB 1141 Introduced by: Representatives Gibson, Blake, Engels, Fargen, Killer, Kirkeby, Lange, Lucas, Solberg, Sorenson, Street, and Vanderlinde and Senators Hundstad, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Jerstad, Kloucek, Maher, and Turbak Berry

FOR AN ACT ENTITLED, An Act to provide for legislative redistricting based on single-member house districts.

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

HB 1142 Introduced by: Representatives Feinstein, Blake, Burg, Dennert, Elliott, Engels, Fargen, Feickert, Frerichs, Gibson, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Lange, Lucas, Nygaard, Solberg, Sorenson, Street, Thompson, Vanderlinde, and Wismer and Senators Heidepriem, Ahlers, Bartling, Bradford, Hanson (Gary), Hundstad, Jerstad, Kloucek, Maher, Merchant, Miles, Nesselhuf, Peterson, and Turbak Berry

FOR AN ACT ENTITLED, An Act to prohibit campaign contributions to candidates for the Public Utilities Commission by certain persons or entities associated with regulated entities.

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

HB 1143 Introduced by: Representatives Hunt, Brunner, Gosch, Kirkeby, Krebs, McLaughlin, Novstrup (David), Peters, Rounds, Steele, Thompson, and Tidemann and Senators Gant, Abdallah, Dempster, Haverly, Jerstad, Miles, and Rhoden

FOR AN ACT ENTITLED, An Act to authorize the posting of certain information on the internet by school districts in addition to or in lieu of certain publication requirements.

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

HB 1144 Introduced by: Representatives Peters, Blake, Cutler, Dennert, Engels, Fargen, Gibson, Hunhoff (Bernie), Krebs, McLaughlin, Romkema, Solberg, Thompson, Turbiville, Vanderlinde, and Wismer and Senators Turbak Berry, Abdallah, Adelstein, Bradford, Jerstad, Maher, Merchant, Nelson, Nesselhuf, and Tieszen

FOR AN ACT ENTITLED, An Act to revise the Human Relations Act to include additional categories of persons.

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

HB 1145 Introduced by: Representatives Russell, Brunner, Elliott, Feickert, Frerichs, Kirkeby, and Wink and Senators Maher, Bradford, and Peterson

FOR AN ACT ENTITLED, An Act to limit certain requirements associated with animal identification systems.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1146 Introduced by: Representatives Elliott, Blake, Engels, Feickert, Jensen, Killer, Kirschman, Lange, Lederman, Lucas, McLaughlin, Sorenson, Steele, and Thompson and Senators Ahlers and Jerstad

FOR AN ACT ENTITLED, An Act to provide for the regulation of certain commercial dog breeding operations.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1147 Introduced by: Representatives Rounds, Feickert, Frerichs, Lange, Rausch, Sorenson, Street, and Van Gerpen and Senators Fryslie, Hansen (Tom), Hanson (Gary), Hundstad, and Maher

FOR AN ACT ENTITLED, An Act to permit townships to provide certain health, life, and disability income insurance benefits.

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

HB 1148 Introduced by: Representatives Kirschman, Brunner, Fargen, Feickert, Hunhoff (Bernie), Kirkeby, Kopp, Lange, Lederman, Schrempp, and Sorenson and Senators Kloucek and Peterson

FOR AN ACT ENTITLED, An Act to authorize counties to change the method of electing the county board of commissioners to either an at-large or district basis.

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

HB 1149 Introduced by: Representatives Greenfield, Dennert, Elliott, and Noem and Senators Fryslie, Hundstad, and Novstrup (Al)

FOR AN ACT ENTITLED, An Act to allow certain municipal interfund loans

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

HB 1150 Introduced by: Representatives Peters, Blake, Bolin, Brunner, Curd, Cutler, Engels, Faehn, Gibson, Gosch, Hunt, Jensen, Kirkeby, Krebs, Lange, Lederman, Lust, McLaughlin, Moser, Noem, Novstrup (David), Olson (Ryan), Rounds, Sly, Solberg, Solum, Sorenson, Steele, Thompson, Tidemann, and Turbiville and Senators Gray, Abdallah, Dempster, Gant, Hansen (Tom), Haverly, Jerstad, Merchant, Miles, Novstrup (Al), Schmidt, Tieszen, and Turbak Berry

FOR AN ACT ENTITLED, An Act to revise the calculation of the small school adjustment in the state aid to education formula for certain students who participate in open enrollment.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

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

SB 19: FOR AN ACT ENTITLED, An Act to increase contributions related to the optional spouse protection program within the South Dakota Retirement System and to prohibit any new enrollments in the program.

Was read the first time and referred to the Committee on Retirement Laws.

SB 20: FOR AN ACT ENTITLED, An Act to revise certain retirement provisions within the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 31: FOR AN ACT ENTITLED, An Act to update certain provisions regarding the reimbursable expense exemption from the sales and service tax allowed licensed accountants.

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

SB 32: FOR AN ACT ENTITLED, An Act to revise the process for the reporting of surplus lines insurance.

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

SB 52: FOR AN ACT ENTITLED, An Act to revise fees for certain phytosanitary certificates and inspections.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1015: FOR AN ACT ENTITLED, An Act to repeal the imposition of the five dollar surcharge on mentored youth big game hunting licenses.

Was read the second time.

The question being "Shall HB 1015 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Blake; 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; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); 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:
Bolin; Nygaard

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 1090: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the county legal expense relief fund.

Was read the second time.

Rep. Feickert requested that HB 1090 be removed from the Consent Calendar.

Which request was granted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1043: FOR AN ACT ENTITLED, An Act to revise the risk pool rate methodology, to revise the number of risk pool benefit plans offered, and to revise open enrollment for uninsurable children.

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

The question being "Shall HB 1043 pass?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Blake; 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; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Putnam; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Peters; Rausch; Rounds

Excused:
Bolin; Nygaard; Van Gerpen

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 Pro tempore Rausch now presiding.

HB 1001: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to issue certain special alcoholic beverage licenses and to repeal certain special alcoholic beverage licenses.

Was read the second time.

The question being "Shall HB 1001 pass as amended?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

Yeas:
Blake; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); 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

Nays:
Deadrick; Hunt; Iron Cloud III

Excused:
Bolin; Nygaard

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 1064: FOR AN ACT ENTITLED, An Act to establish a process for persons rendering emergency aid to require testing for blood-borne pathogens and to provide for the confidentiality of the source individual.

Was read the second time.

Rep. Lust moved that HB 1064 be amended as follows:

On page 3 of the House Judiciary Committee engrossed bill, delete line 16, and insert "individual, or if the source individual is deceased, to a relative of the source individual or to the source individual's estate, for medical".

On page 3, line 17, after "individual" insert ", a relative,".

On page 3, line 18, delete "deny the request or do" and insert "denies the request or does".

On page 3, line 19, delete "motion" and insert "petition".

On page 3, line 22, delete "motion" and insert "petition".

On page 4, line 2, after "individual" insert ", a relative, or the estate".

Which motion prevailed.

The question being "Shall HB 1064 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bolin; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Hunt moved that the title to HB 1064 be amended as follows:

On page 1, line 1, of the House Judiciary Committee engrossed bill, delete "rendering emergency aid" and insert "exposed to certain blood-borne infections".

Which motion prevailed and the title was so amended.

Speaker Rave now presiding.

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

Was read the second time.

Rep. Betty Olson moved that HB 1014 be amended as follows:

On page 2, line 19, of the printed bill, overstrike "civil damages" and insert "court-imposed, criminal fines".

On page 2, line 20, overstrike "civil damages" and insert "court-imposed, criminal fines".

On page 2, line 20, before "five" insert "not more than".

On page 2, line 21, before "ten" insert "not more than".

On page 2, line 22, before "one" insert "not more than".

On page 2, line 23, before "two" insert "not more than".

On page 2, line 24, before "two" insert "not more than".

On page 2, line 24, before "one" insert "not more than".

On page 3, line 1, after "and" insert "not more than".

On page 3, line 4, overstrike "damages" and insert "fines".

Which motion prevailed.

The question being "Shall HB 1014 pass as amended?"

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

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

Nays:
Cronin; Engels; Juhnke; Peters; Putnam; Tidemann

Excused:
Bolin; Nygaard

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Betty Olson moved that the title to HB 1014 be amended as follows:

On page 1, line 2, of the printed bill, delete "a civil penalty" and insert "court-imposed, criminal fines".

Which motion prevailed and the title was so amended.

HB 1007: FOR AN ACT ENTITLED, An Act to repeal, update, and make form and style revisions to certain statutes related to the Aeronautics Commission.

Was read the second time.

The question being "Shall HB 1007 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bolin; Nygaard

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 1103: FOR AN ACT ENTITLED, An Act to authorize the use of golf carts in certain municipalities.

Was read the second time.

Rep. Lederman moved that HB 1103 be amended as follows:

On page 2, after line 2 of the printed bill, insert:

" Section 4. For the purposes of section 2 of this Act, the term, municipality, means any municipality organized pursuant to Title 9 and any improvement district established by a county pursuant to chapter 7-25A. A county may adopt, by ordinance, regulations to enforce and administer the provisions of section 2 of this Act on behalf of the improvement district.".

Which motion prevailed.

The question being "Shall HB 1103 pass as amended?"

And the roll being called:

Yeas 60, Nays 8, Excused 2, Absent 0

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

Nays:
Blake; Engels; Feinstein; Gibson; Hunhoff (Bernie); Kirschman; Russell; Sorenson

Excused:
Bolin; Nygaard

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Lederman moved that the title to HB 1103 be amended as follows:

On page 1, line 1, of the printed bill, after "municipalities" insert "and improvement districts".

Which motion prevailed and the title was so amended.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:11 p.m. the House adjourned.

Karen Gerdes, Chief Clerk