House of Representatives Journal 1/22/2008 02:00 PM

The oath of office was administered by Speaker Deadrick to the following named pages:

Heather Adams, Cheryl Bietz, Jacob Fuhrman, Jeanne Hettich, Grant Holub, Melanie Pushor, Cora Rattling Leaf, Carolyn Soulek, Pamela Trautner, Kyle Wernsmann, Whitney Wright, Jason Wynia.

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 Taxation respectfully reports that it has had under consideration HB 1182 and returns the same with the recommendation that said bill do pass.

The Committee on Taxation respectfully reports that it has had under consideration HB 1169 and returns the same with the recommendation that said bill be amended as follows:

1169jb

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

"
Section 1. That § 10-46A-5 be amended to read as follows:

10-46A-5. If any person, except for a person making an isolated or occasional realty improvement and who does not hold himself out as engaging in the business of making realty improvements, makes a realty improvement without a realty improvement contract and subsequently sells the property containing the realty improvement or the realty improvement at any time subsequent to the commencement of the project and within four years of its completion, the gross receipts from the sale of the realty improvement shall be subject to the excise tax imposed on the gross receipts of contractors engaged in realty improvement contracts. In determining the gross receipts from the sale of such realty improvements when land or land and improvements completed four years prior to sale are included in the sale, land and such improvements shall be valued at cost or fair market value, whichever is greater, and the portion of the gross receipts attributable to land or land and improvements completed four years prior to sale shall be deducted from the sale price. For purposes of this section, the phrase, isolated or occasional, means no more than two in any calendar year. "

1169jta

On page 1, line 1, of the printed bill, delete everything after "to" and insert "clarify certain provisions regarding the contractor's excise tax for isolated or occasional realty improvements.".

On page 1, delete lines 2 and 3.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1181 and returns the same with the recommendation that said bill be amended as follows:

1181fb

On page 1, line 10, of the printed bill, delete " necessary " and insert " existing ".

On page 1, line 11, after " data " insert " pertinent to the appeal ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1010 and returns the same with the recommendation that said bill be amended as follows:

1010fa

On page 2 of the printed bill, delete lines 6 to 9, inclusive, and insert:

For the purposes of this section, the term, telecommunication service, is the transmission of signs, signals, writings, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, electromagnetic means. ".

On page 2, after line 9, insert:

" Section 2. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

The term, telecommunications service, as used in this chapter means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. The term, telecommunications service, includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice over internet protocol services or is classified by the Federal Communications Commission as enhanced or value added. Telecommunications service does not include:

(1) Data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where such purchaser's primary purpose for the underlying transaction is the processed data or information;

(2) Installation or maintenance of wiring or equipment on a customer's premises;

(3) Tangible personal property;

(4) Advertising, including directory advertising;

(5) Billing and collection services provided to third parties;

(6) Internet access service;

(7) Radio and television audio and video programming services, regardless of the medium, including the furnishing of transmission, conveyance and routing of such services by the programming service provider. Radio and television audio and video programming services shall include but not be limited to cable service as defined in 47 USC 522(6), as of June 1, 2007, and audio and video programming services delivered by commercial mobile radio service providers, as defined in 47 CFR 20.3;

(8) Ancillary services; or

(9) Digital products delivered electronically, including but not limited to software, music, video, reading materials, or ring tones.

The term, telecommunications service, includes the following services:

(1) "800 service," any telecommunications service that allows a caller to dial a toll-free number without incurring a charge for the call;

(2) "900 service," an inbound toll telecommunications service purchased by a subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded announcement or live service. A 900 service does not include the charge for the collection of services provided by the seller of the telecommunications services to the subscriber or service or product sold by the subscriber to the subscriber's customer;

(3) "Fixed wireless service," a telecommunications service that provides radio communication between fixed points;

(4) "Mobile wireless service," a telecommunications service that is transmitted, conveyed, or routed regardless of the technology used, where either the origination point or termination point, or both, of the transmission, conveyance, or routing are not fixed;

(5) "Paging service," a telecommunications service that provides transmission of coded radio signals for the purpose of activation specific pages. Such transmissions may include either messages or sounds, or both;

(6) "Prepaid calling service," the right to access exclusively telecommunications services, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount;

(7) "Prepaid wireless calling service," a telecommunications service that provides the right to utilize mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which must be paid for in advance that is sold in predetermined units or dollars of which the number declines with use in a known amount;

(8) "Private communication service," a telecommunications service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels; and

(9) "Value-added non-voice data service," a service that otherwise meets the definition of telecommunications services in which computer processing applications are used to act on the form, content, code, or protocol of the information or data primarily for a purpose other than transmission, conveyance, or routing.

Section 3. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

(2) Installation or maintenance of wiring or equipment on a customer's premises;

(3) Tangible personal property;

(4) Advertising, including directory advertising;

(5) Billing and collection services provided to third parties;

(6) Internet access service;

(8) Ancillary services; or

(9) Digital products delivered electronically, including but not limited to software, music, video, reading materials, or ring tones.

The term, telecommunications service, includes the following services:

(1) "800 service," any telecommunications service that allows a caller to dial a toll-free number without incurring a charge for the call;

(3) "Fixed wireless service," a telecommunications service that provides radio communication between fixed points;

1010fta

On page 1, line 1, of the printed bill, delete everything after "to" and insert "define".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Joel D. Dykstra, Chair

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1070 and 1071 and returns the same with the recommendation that said bills do pass.

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1069 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Thomas J. Brunner, Chair

Respectfully submitted,
Gordon R. Pederson, Chair

The Committee on Transportation respectfully reports that it has had under consideration HB 1170 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1195 which was deferred to the 36^th Legislative Day.

The Committee on Local Government respectfully reports that it has had under consideration HB 1156 and 1174 and returns the same with the recommendation that said bills do pass.

The Committee on Local Government respectfully reports that it has had under consideration HB 1145 and 1154 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Carol A. Pitts, Chair

The Committee on Education respectfully reports that it has had under consideration HB 1186 and returns the same with the recommendation that said bill be amended as follows:

1186ca

On page 1, line 12, of the printed bill, before ";" insert " . The student shall take the ACT or SAT test before beginning postsecondary education ".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Phyllis M. Heineman, Chair

The Committee on Education respectfully reports that it has had under consideration HB 1086 and returns the same with the recommendation that said bill be referred to the Committee on State Affairs.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1147 and 1150 which were deferred to the 36^th Legislative Day.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 17, 34, 53, and 54 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

SCR 1: A CONCURRENT RESOLUTION, Supporting the use of video cameras in state, tribal, and local law enforcement vehicles.

Rep. Juhnke moved that SCR 1 as found on pages 11 and 12 and amended on page 94 of the Senate Journal be concurred in.

The question being on Rep. Juhnke's motion that SCR 1 as amended be concurred in.

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in as amended.

SCR 2: A CONCURRENT RESOLUTION, Urging Congress to provide additional funding for tribal historic preservation offices.

Rep. Juhnke moved that SCR 2 as found on pages 12 and 13 of the Senate Journal be concurred in.

The question being on Rep. Juhnke's motion that SCR 2 be concurred in.

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Howie; Steele

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Government Operations and Audit on HB 1109 as found on page 170 of the House Journal ; also

Agriculture and Natural Resources on HB 1042 as found on page 171 of the House Journal ; also

Judiciary on HB 1061 as found on pages 171 and 172 of the House Journal ; also

Judiciary on HB 1093 as found on page 172 of the House Journal ; also

Judiciary on HB 1096 as found on page 172 of the House Journal ; also

Transportation on HB 1014 as found on page 173 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

Rep. Halverson moved that the words "without recommendation" be stricken from the report of the Committee on Agriculture and Natural Resources on HB 1043, that the words "do pass" be inserted, and that the bill be placed on the calendar of January 23^rd, the 10^th legislative day.

The question being on Rep. Halverson's motion that the words "without recommendation" be stricken from the report of the Committee on Agriculture and Natural Resources on HB 1043, that the words "do pass" be inserted, and that the bill be placed on the calendar of January 23^rd, the 10^th legislative day.

Yeas 61, Nays 8, Excused 1, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Norman; Vehle; Wick; Willadsen; Speaker Deadrick

Nays:
Dykstra; Howie; Moore; Nelson; Pederson (Gordon); Peters; Van Etten; Weems

Speaker Deadrick introduced the Tabor Czech Days Royalty: Queen Ashley Cuka, Princess Elyssa Walloch, and Prince Brendan Bares.

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1043 was so placed.

HONORED GUESTS

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1248 Introduced by: Representatives Gillespie, Dennert, Dykstra, Halverson, Hargens, Putnam, Rhoden, Street, and Tidemann and Senators Hanson (Gary), Bartling, Dempster, Heidepriem, McNenny, and Peterson (Jim)

FOR AN ACT ENTITLED, An Act to establish the South Dakota soil conservation award program and to make an appropriation therefor.

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

HB 1249 Introduced by: Representatives Gilson, Boomgarden, Cutler, Deadrick, Dykstra, Hackl, Heineman, Hills, Howie, Jerke, McLaughlin, Moore, Noem, Novstrup (Al), Olson (Betty), Peters, Pitts, Steele, Turbiville, Vanneman, and Wick and Senators Hunhoff and Nesselhuf

FOR AN ACT ENTITLED, An Act to allow the Department of Education to enter into certain enrollment agreements with the State of Nebraska.

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

HB 1250 Introduced by: Representatives Lucas, Bradford, Elliott, Gassman, Halverson, Nelson, Rave, Street, Van Etten, Van Norman, and Weems and Senators Koetzle, McCracken, Olson (Ed), and Two Bulls

FOR AN ACT ENTITLED, An Act to increase the salary for legislators.

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

HB 1251 Introduced by: Representatives Lust, Ahlers, Brunner, Dreyer, Gilson, Gosch, Haverly, Hills, Howie, Kirkeby, McLaughlin, Olson (Ryan), Pederson (Gordon), Turbiville, and Van Etten and Senators McCracken, Dempster, Garnos, Gray, Katus, Knudson, McNenny, Napoli, and Schmidt (Dennis)

FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire land and to construct a facility for the Higher Education Center_West River, and to make an appropriation therefor.

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

HB 1252 Introduced by: Representatives Novstrup (Al), Cutler, Elliott, Faehn, Feinstein, Gilson, Glenski, Hackl, Halverson, Heineman, Kirkeby, Koistinen, McLaughlin, Miles, Moore, Novstrup (David), Olson (Russell), Peters, Sigdestad, Steele, Street, Van Etten, Weems, Wick, and Willadsen and Senators Gant, Abdallah, Hoerth, Jerstad, Napoli, Sutton, and Turbak Berry

FOR AN ACT ENTITLED, An Act to revise certain procedures regarding real property assessment and taxation, to revise certain criteria for property to qualify for the nonagricultural acreage classification, to repeal the alternative assessment procedure for agricultural land based on agricultural income value, and to repeal certain provisions regarding the assessment of property.

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

HB 1253 Introduced by: Representatives Peters, Buckingham, Cutler, Gillespie, Gilson, Kirkeby, Lucas, and Moore and Senators Sutton, Abdallah, Albers, Gant, Koetzle, McCracken, and Olson (Ed)

FOR AN ACT ENTITLED, An Act to require that home studies conducted for custody determinations be completed by certain professionals.

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

HB 1254 Introduced by: Representatives Hackl, Davis, Elliott, and Olson (Betty) and Senators Maher and Duenwald

FOR AN ACT ENTITLED, An Act to create the facility equity fund to assist certain school districts with critical need for capital construction.

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

HB 1255 Introduced by: Representatives Krebs, Ahlers, Brunner, Faehn, Rausch, and Steele and Senators Sutton, Nesselhuf, and Olson (Ed)

FOR AN ACT ENTITLED, An Act to provide for the titling and registration of certain low-speed vehicles.

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

HB 1256 Introduced by: Representatives Krebs, Ahlers, Brunner, Faehn, Rausch, and Steele and Senators Hauge, Abdallah, Hansen (Tom), and Nesselhuf

FOR AN ACT ENTITLED, An Act to require certain disclosures when selling labor law posters to employers.

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

HB 1257 Introduced by: Representatives Wick, Dennert, Faehn, Hackl, Koistinen, Miles, Noem, Novstrup (Al), Peters, Steele, Van Etten, Weems, and Willadsen and Senators Maher, Duenwald, Greenfield, and McNenny

FOR AN ACT ENTITLED, An Act to limit the total amount of revenue payable from taxes on real property within a school district for the purposes of its capital outlay fund.

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

HB 1258 Introduced by: Representatives Gassman, Ahlers, Bradford, Brunner, Burg, Carson, DeVries, Elliott, Engels, Feinstein, Gosch, Halverson, Hills, Hunt, Jerke, Kirkeby, Koistinen, Lucas, Moore, Nelson, Noem, Nygaard, Olson (Betty), Olson (Ryan), Pederson (Gordon), Rausch, Rounds, Sigdestad, Steele, Thompson, and Van Etten and Senators Bartling, Abdallah, Albers, Garnos, Greenfield, Hanson (Gary), Jerstad, Katus, Maher, McCracken, McNenny, Peterson (Jim), Smidt (Orville), Sutton, and Turbak Berry

FOR AN ACT ENTITLED, An Act to require that certain gift certificates conspicuously disclose information regarding fees and expiration dates.

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

HB 1259 Introduced by: Representative Juhnke and Senator Garnos

FOR AN ACT ENTITLED, An Act to make an appropriation for the detection and prevention of Hantavirus Pulmonary Syndrome.

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

HB 1260 Introduced by: Representatives Cutler, Buckingham, Hunt, Novstrup (David), Peters, Rave, and Turbiville and Senators Abdallah, Albers, Dempster, Gant, Hauge, Napoli, Nesselhuf, Schmidt (Dennis), Smidt (Orville), and Two Bulls

FOR AN ACT ENTITLED, An Act to revise sex offender registry provisions for persons without a residence address.

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

HB 1261 Introduced by: Representatives Brunner, Cutler, Howie, Jerke, Kirkeby, Koistinen, Noem, Olson (Betty), Rhoden, Steele, and Van Etten and Senators Schmidt (Dennis), Apa, Greenfield, Kloucek, Maher, McNenny, and Napoli

FOR AN ACT ENTITLED, An Act to regulate the right to carry a firearm on the campuses of public institutions of higher education.

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

HJR 1003 Introduced by: Representatives Lucas, Boomgarden, Bradford, Brunner, Buckingham, Cutler, DeVries, Elliott, Faehn, Feinstein, Gassman, Glenski, Heineman, Hills, Koistinen, Miles, Nelson, Noem, Olson (Russell), Rausch, Rave, Rhoden, Rounds, Street, Turbiville, Van Etten, Van Norman, and Weems and Senators Nesselhuf, Albers, Bartling, Garnos, Hunhoff, Katus, Kloucek, Koetzle, McCracken, Olson (Ed), Peterson (Jim), and Two Bulls

A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain reimbursement restrictions for travel by legislators to and from a legislative session.

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

HJR 1004 Introduced by: Representatives Lucas, Ahlers, Bradford, Brunner, Cutler, Faehn, Heineman, Hills, Miles, Nelson, Rave, Rhoden, Turbiville, Van Etten, and Van Norman and Senators Nesselhuf, Albers, Bartling, Garnos, Katus, Knudson, Koetzle, McCracken, and Olson (Ed)

A JOINT RESOLUTION, To propose a constitutional amendment to provide for a maximum of forty legislative days each year.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of banks.

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

SB 34: FOR AN ACT ENTITLED, An Act to allow certified nurse midwives to attend out- of-hospital births under certain circumstances.

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

SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions related to capital punishment.

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

SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the duties and reporting requirements for the South Dakota Energy Infrastructure Authority.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1108: FOR AN ACT ENTITLED, An Act to repeal the election equipment replacement fund and to transfer the existing balance to the state general fund.

The question being "Shall HB 1108 pass?"

HB 1092: FOR AN ACT ENTITLED, An Act to revise certain terminology in the statutes providing for standard child visitation guidelines.

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.

The question being "Shall HB 1092 pass?"

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. Rhoden moved that HB 1144 be placed to precede HB 1035 on today's calendar.

HB 1144: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the purchase of motorcycles for use in the motorcycle safety training courses, and to declare an emergency.

Rep. Buckingham moved that HB 1144 be referred to the Committee on Appropriations.

The question being on Rep. Buckingham's motion to refer HB 1144 to the Committee on Appropriations.

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

Rep. Rounds moved that HB 1035 be placed to follow HB 1113 on today's calendar.

HB 1113: FOR AN ACT ENTITLED, An Act to provide minimum notice requirements to persons who lease real property for their own mobile or manufactured homes.

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

1113rd

Rep. Hunt moved that HB 1113 be amended as follows:

On the House Judiciary Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. Not less than ninety days prior to the closing date for the sale of any real property which is leased for the placement of mobile or manufactured homes, the landowner shall inform all mobile or manufactured home tenants of the impending sale. It is not a breach of any lease for any tenant to terminate the tenant's lease, during the ninety day notice period, after being informed of such sale."

Which motion prevailed.

Rep. Cutler moved that HB 1113 be deferred to Wednesday, January 23^rd, the 10^th legislative day.

HB 1035: FOR AN ACT ENTITLED, An Act to revise the definition of an employer's actual knowledge of injury for the purposes of workers' compensation claims.

The question being "Shall HB 1035 pass?"