JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION



THIRTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 1, 2010

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

    The prayer was offered by the Chaplain, Father Kevin Doyle, followed by the Pledge of Allegiance led by House pages Megan Meier and Amanda Nelson.

    Roll Call: All members present except Rep. Iron Cloud III who was 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 twelfth 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 State Affairs respectfully reports that it has had under consideration HB 1133 and returns the same with the recommendation that said bill be referred to the Committee on Health and Human Services.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1116 which was tabled.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1098 and 1106 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill be amended as follows:

1108ca

    On page 1, line 6, of the printed bill, overstrike "June 30, 2000" and insert "June 30, 2011".

    On page 1, line 13, overstrike "can never be less than" and insert "may always be at least".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1143 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1089 and 1118 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 Commerce respectfully reports that it has had under consideration HB 1147 and returns the same with the recommendation that said bill be amended as follows:

1147sa

    On page 1, line 7, of the printed bill, after "plan" insert "permitted by law to be offered in this state".

    And that as so amended said bill do pass.

Respectfully submitted,
Roger Solum, Vice Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1074 and 1075 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 1073 and returns the same with the recommendation that said bill be amended as follows:

1073ra

    On page 1, after line 6 of the printed bill, insert:

"    Section 2. That § 23A-27-18 be amended to read as follows:

    23A-27-18. Upon conviction, the sentencing court having jurisdiction to try the offense may suspend the execution of any sentence imposed during good behavior, subject to such conditions or restitutions as the court may impose. The suspension order or judgment can be made only by the court in which the conviction occurred. A defendant given a suspended execution of sentence shall remain under the jurisdiction of the court. A penitentiary sentence may be imposed as a condition of a suspended execution of sentence as authorized in § 23A-27-18.1.

    Section 3. That chapter 23A-27 be amended by adding thereto a NEW SECTION to read as follows:

    Upon conviction, the sentencing court may suspend any portion of a penitentiary sentence subject to conditions or restrictions as the court may impose. The suspension order or judgment can be made only in the court in which the conviction occurred. A defendant with a partially suspended penitentiary sentence is under the supervision of the Department of Corrections and the Board of Pardons and Paroles. The board is charged with the responsibility for enforcing the conditions imposed by the sentencing judge, and the board retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of parole or the terms of the suspension.

    A defendant with an entirely suspended penitentiary sentence is under the supervision of the sentencing court unless the entirely suspended penitentiary sentence is concurrent or consecutive to an additional penitentiary sentence in which case, the defendant is under the supervision of the Board of Pardons and Paroles.

    Section 4. That § 23A-27-18.2 be amended to read as follows:

    23A-27-18.2. A person who is sentenced to a county jail as a condition of suspended imposition of sentence, suspended sentence, or suspended execution of sentence, is under the supervision of the court services officer assigned by the court having jurisdiction of the person. A person sentenced to the state penitentiary as a condition of suspended imposition of sentence or suspended execution of sentence is under the supervision of the court services officer assigned by the court having jurisdiction of the person upon that persons's release from the state penitentiary after completion of the penitentiary term imposed pursuant to § 23A-27-18.1.

    Section 5. That § 23A-27-19 be amended to read as follows:

    23A-27-19. A court which may suspend sentence under § 23A-27-18 The sentencing court retains jurisdiction for the purpose of suspending any such sentence for a period of two years from the effective date of the judgment of conviction, notwithstanding the fact that the time for an appeal from such judgment is limited to a shorter period of time. The court shall notify the attorney who prosecuted such person or shall notify the successor in office of such attorney at least fourteen days in advance of such suspension. Such notice shall be provided any victim by such attorney pursuant to the provisions of § 23A-27-1.2. Any person whose sentence is suspended pursuant to this section is under the supervision of the Board of Pardons and Paroles, except as provided in § 23A-27-18.2. The board is charged with the responsibility for enforcing the conditions imposed by the sentencing judge, and the board retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of the suspension. ".


    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 1077 and returns the same with the recommendation that said bill be amended as follows:


1077ra

    On the printed bill, delete everything after the enacting clause and insert:

    "    Section 1. That chapter 21-27 be amended by adding thereto a NEW SECTION to read as follows:

    If the court finds that an applicant was denied the right to an appeal from an original conviction in violation of the Constitution of the United States or the Constitution of South Dakota, the court shall vacate and set the judgment aside if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. The court shall impose the same sentence and advise the applicant of the following:

            (1)    The rights associated with an appeal from a criminal conviction; and

            (2)    The time for filing a notice of appeal from the reimposed sentence."

    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 1081 and returns the same with the recommendation that said bill be amended as follows:

1081ja

    On page 2, between lines 19 and 20 of the printed bill, insert:

"    Section 4. After June 30, 2015, notwithstanding § 16-2-39, in each small claims action, the clerk of courts shall collect as a unified judicial system court automation surcharge the sum of six dollars if the amount in controversy is less than four thousand dollars and eight dollars if the amount in controversy is four thousand dollars or more.".


    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 1109 and returns the same with the recommendation that said bill be amended as follows:

1109ja

    On page 12, after line 5 of the printed bill, insert:
"    Section 14. That chapter 47-34A be amended by adding thereto a NEW SECTION to read as follows:

    A member or manager of a limited liability company shall be fully protected in relying in good faith upon the records of the limited liability company and upon such information, opinions, reports, or statements presented to the limited liability company by any of its other managers, members, officers, employees, or committees of the limited liability company, or any other person, as to matters the member or manager reasonably believes are within such other person's professional or expert competence and who has been selected with reasonable care by or on behalf of the limited liability company, including information, opinions, reports, or statements as to the value and amount of the assets, liabilities, profits, or losses of the limited liability company or any other facts pertinent to the existence and amount of assets from which distributions to members might properly be paid.".

1109jb

    On page 6, line 17, of the printed bill, delete everything after "a" and insert "certificate of existence or a record of similar import authentication by the secretary of state or other official having custody of company records in the state or country under whose law it is organized together with any fee required by § 47-34A-1206 and any other required fee.".

    On page 6, delete lines 18 to 20, inclusive.

    On page 10, line 10, delete "certificate" and insert "plan".

    On page 12, after line 5, insert:

"    Section 14. That § 47-34A-1206 be amended to read as follows:

    47-34A-1206. The secretary of state may charge the following fees:

            (a)    For amending or restating the articles of organization in the case of a domestic limited liability company, a filing fee of sixty dollars. For amending the registration in the case of a foreign limited liability company, a filing fee of seven hundred fifty dollars;

            (b)    For filing articles of termination, ten dollars;

            (c)    For filing articles of merger, sixty dollars;

            (d)    For filing a statement of dissociation, ten dollars;

            (e)    For filing an application to reserve a name, twenty-five dollars;

            (f)    For issuing a certificate of existence, twenty dollars;

            (g)    For filing an application for registration of name, twenty-five dollars;

            (h)    For filing an annual renewal of registration, a limited liability company which has in effect a registration of its name, may renew such registration from year to year by annually filing an application for renewal setting forth the facts required to be set forth in an original application for registration and a certificate of good standing as required for the original registration and by paying a fee of fifteen dollars. A renewal application may be filed between the first day of October and the thirty-first day of December in each year and shall extend the registration for the following year;

            (i)    For acting as agent for service of process the secretary of state shall charge and collect at the time of such service thirty dollars which may be recoverable as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action;

            (j)    For filing articles of domestication, one hundred fifty dollars;

            (k)    For filing articles of organization surrender, one hundred fifty dollars;

            (l)    For filing a plan of conversion, one hundred fifty dollars. ".

1109rta

    On page 1, line 2, of the printed bill, after "Act" insert "and to provide for certain filing fees relevant thereto".

    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 1076 and returns the same with the recommendation that said bill be amended as follows:

1076rb

    On page 1, after line 14 of the printed bill, insert:

"    Section 3. The provisions of this Act are not effective unless, prior to the effective date of this Act, the Supreme Court adopts a new rule substantially equivalent to federal rule of evidence 412 and provides that the rule becomes effective upon the legislative repeal of §§ 23A-22-15 and 23A-22-15.1.".


1076rta

    On page 1, line 2, of the printed bill, after "conduct" insert "in coordination with the adoption of certain evidentiary rules by the Supreme Court".
    And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Joni M. Cutler, Chair

MOTIONS AND RESOLUTIONS

    HCR 1005: A CONCURRENT RESOLUTION, Urging the President of the United States and Congress to pursue a course of disengagement and containment of the forces threatening our homeland security.

    Rep. Lange moved that HCR 1005 as found on page 214 of the House Journal be adopted.

    Rep. Faehn moved the previous question.

    Which motion prevailed.

    The question being on Rep. Lange's motion that HCR 1005 be adopted.

    And the roll being called:

    Yeas 15, Nays 54, Excused 1, Absent 0

    Yeas:
Blake; Dennert; Elliott; Feickert; Feinstein; Hunhoff (Bernie); Killer; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Thompson; Wismer

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

    Excused:
Iron Cloud III

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Taxation on HB 1099 as found on pages 210 and 211 of the House Journal; also

    Appropriations on HB 1027 as found on pages 211 and 212 of the House Journal; also

    Appropriations on HB 1048 as found on page 212 of the House Journal; also

    Appropriations on HB 1052 as found on page 212 of the House Journal; also

    Appropriations on HB 1056 as found on pages 212 and 213 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1217 Introduced by: Representatives Sorenson, Blake, Bolin, Brunner, Elliott, Fargen, Frerichs, Gibson, Jensen, Kirschman, Krebs, Lange, Nygaard, Pitts, Solberg, Solum, Thompson, and Vanderlinde and Senators Merchant, Abdallah, Ahlers, Fryslie, Jerstad, Kloucek, Maher, Nesselhuf, Olson (Russell), and Turbak Berry

    FOR AN ACT ENTITLED, An Act to regulate passenger elevators, escalators, and similar conveyance facilities.

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

    HB 1218 Introduced by: Representatives Schrempp, Blake, Brunner, Burg, Elliott, Engels, Fargen, Frerichs, Gibson, Hunhoff (Bernie), Iron Cloud III, Jensen, Killer, Kirkeby, Kirschman, Kopp, Lucas, Nygaard, Olson (Betty), Russell, Solberg, Sorenson, Thompson, and Verchio and Senators Bradford, Adelstein, Bartling, Brown, Hanson (Gary), Jerstad, Kloucek, Maher, Peterson, and Schmidt

    FOR AN ACT ENTITLED, An Act to provide for the election of the secretary of agriculture.

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

    HB 1219 Introduced by: Representatives Gibson, Brunner, Elliott, Feickert, Gosch, Greenfield, Iron Cloud III, Killer, Lange, Thompson, Turbiville, and Vanderlinde and Senators Hanson (Gary), Abdallah, Adelstein, and Hansen (Tom)

    FOR AN ACT ENTITLED, An Act to provide for the transport of certain students to centrally designated distribution points.

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

    HB 1220 Introduced by: Representatives Thompson, Engels, Feinstein, Gibson, Hunhoff (Bernie), Kirkeby, Lederman, Lucas, and Sorenson and Senators Turbak Berry, Abdallah, Hanson (Gary), and Heidepriem

    FOR AN ACT ENTITLED, An Act to provide for legislative redistricting by a bipartisan, nonlegislative commission.

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

    HB 1221 Introduced by: Representatives Hunhoff (Bernie) and Turbiville and Senators Bartling and Abdallah

    FOR AN ACT ENTITLED, An Act to expand the authority of the state auditor and the state treasurer to monitor public funds in local bank accounts.

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

    HB 1222 Introduced by: Representatives Sly, Hunhoff (Bernie), Iron Cloud III, Pitts, and Rave and Senators Merchant, Dempster, Gant, Jerstad, Miles, and Schmidt

    FOR AN ACT ENTITLED, An Act to exempt persons selling certain foods at farmers' markets from licensure requirements and to establish other requirements for the sale of those foods.

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

    HJR 1002 Introduced by: Representatives Lange, Feickert, and Sorenson and Senator Kloucek

    A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax.

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


SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding boat license decals and boat numbering.

    Was read the second time.

    The question being "Shall HB 1035 pass?"

    And the roll being called:

    Yeas 68, Nays 1, Excused 1, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; 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:
Nygaard

    Excused:
Iron Cloud III

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    Rep. Faehn moved that HB 1060 be placed to precede HB1071 on today's calendar.

    Which motion prevailed.

    HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the refunds for new or expanded agricultural facilities and the refunds for new or expanded business facilities and to declare an emergency.

    Was read the second time.

1060xa

    Rep. Tidemann moved that HB 1060 be amended as follows:

    On page 6 of the printed bill, delete line 24.

    On page 7, delete lines 1 and 2.

    Rep. Burg requested a fiscal note on HB 1060.

    Which request was supported.

    Speaker Pro tempore Rausch now presiding.

    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.

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

1071oa

    Rep. Gosch moved that HB 1071 be amended as follows:

    On page 1, line 11, of the printed bill, delete "three thousand" and insert "two thousand five hundred".

    Which motion prevailed.

    The question being "Shall HB 1071 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 2, Excused 1, Absent 0

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


    Nays:
Moser; Russell

    Excused:
Iron Cloud III

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

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

1092fa

    Rep. Hunt moved that HB 1092 be amended as follows:

    On page 1, line 6, of the printed bill, delete "ninety-day" and insert "one hundred twenty-day".

    On page 1, line 10, delete "ninety" and insert "one hundred twenty".

    Which motion prevailed.

    The question being "Shall HB 1092 pass as amended?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

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

    Excused:
Iron Cloud III

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

    Speaker Rave now presiding.

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

    Was read the second time.

    The question being "Shall HB 1088 pass as amended?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

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

    Excused:
Iron Cloud III

    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.

    HB 1047: FOR AN ACT ENTITLED, An Act to revise certain powers of a conservator.

    Was read the second time.

    Rep. Lust moved that HB 1047 be deferred to Tuesday, February 2nd, the 14th legislative day.

    Which motion prevailed.

    HB 1062: FOR AN ACT ENTITLED, An Act to provide for certain mandatory training for county coroners.

    Was read the second time.

1062rf

    Rep. Van Gerpen moved that HB 1062 be amended as follows:

    On page 3, line 8, of the House Judiciary Committee engrossed bill, delete ", in consultation with the".

    On page 3, line 9, delete "county coroners,".

    On page 3, line 16, after "Health" insert "and the county coroners".

    Which motion prevailed.

1062rd

    Rep. Lust moved that HB 1062 be further amended as follows:

    On page 3, line 11, of the House Judiciary Committee engrossed bill, delete "23-5" and insert "23-3".

    Which motion prevailed.

    The question being "Shall HB 1062 pass as amended?"

    And the roll being called:

    Yeas 66, Nays 3, Excused 1, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; 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; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

    Nays:
Greenfield; Street; Verchio

    Excused:
Iron Cloud III

    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 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the voidability of gambling contracts.

    Was read the second time.

    The question being "Shall HB 1070 pass as amended?"

    And the roll being called:

    Yeas 66, Nays 3, Excused 1, Absent 0

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

    Excused:
Iron Cloud III

    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 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the days and hours that alcoholic beverages may be sold on a licensed premise and who may sell, serve, or dispense alcoholic beverages on a licensed premise and to revise certain provisions concerning the power of municipalities and counties to regulate the sale and use of alcoholic beverages.

    Was read the second time.

    The question being "Shall HB 1002 pass as amended?"

    And the roll being called:


    Yeas 34, Nays 35, Excused 1, Absent 0

    Yeas:
Boomgarden; Burg; Conzet; Cronin; Cutler; Dennert; Elliott; Engels; Fargen; Gibson; Gosch; Greenfield; Hoffman; Jensen; Juhnke; Kirschman; Krebs; Lederman; Lucas; Lust; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Rausch; Romkema; Rounds; Solum; Street; Thompson; Turbiville; Verchio

    Nays:
Blake; Bolin; Brunner; Carson; Curd; Deadrick; Faehn; Feickert; Feinstein; Frerichs; Hamiel; Hunhoff (Bernie); Hunt; Killer; Kirkeby; Kopp; Lange; McLaughlin; Noem; Pitts; Putnam; Russell; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Tidemann; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

    Excused:
Iron Cloud III

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

    Rep. Turbiville announced his intention to reconsider the vote by which HB 1002 lost.

    HB 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the transportation of alcoholic beverages and to authorize transportation by religious organizations under certain circumstances.

    Was read the second time.

    The question being "Shall HB 1069 pass as amended?"

    And the roll being called:

    Yeas 64, Nays 5, Excused 1, Absent 0

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

    Nays:
Brunner; Kopp; Noem; Pitts; Van Gerpen

    Excused:
Iron Cloud III

    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 1086: FOR AN ACT ENTITLED, An Act to permit certain municipalities to issue an additional off-sale alcoholic beverage license.

    Was read the second time.

    Rep. Verchio moved that HB 1086 be deferred to Tuesday, February 2nd, the 14th legislative day.

    Which motion prevailed.

    Rep. Faehn moved that the balance of the calendar including HB 1034, 1091, 1100, 1094, 1126, 1010, and 1044 and SB 23 and 13 be deferred to Tuesday, February 2nd, the 14th legislative day.

    Which motion prevailed.

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:53 p.m. the House adjourned.

Karen Gerdes, Chief Clerk