JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION




TENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 27, 2009

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

     The prayer was offered by the Chaplain, Pastor Larry Cass, followed by the Pledge of Allegiance led by House page Ian Hafner.

     Roll Call: All members present.

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 ninth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Timothy A. Rave, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1052 and 1053 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1051 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1013 and 1014 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1092 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1041 and 1042 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Carol A. Pitts, Chair


Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1109 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 5, 8, 39, 42, 53, 54, 55, 59, 65, and 71 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1003: A CONCURRENT RESOLUTION, Expressing solidarity with Israel in its defense against terrorism in the Gaza Strip.

     Rep. Lederman moved that HCR 1003 as found on pages 128 and 129 of the House Journal be adopted.

     The question being on Rep. Lederman's motion that HCR 1003 be adopted.

     And the roll being called:

     Yeas 66, Nays 4, Excused 0, Absent 0


     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; 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; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Iron Cloud III; Killer; Thompson; Vanderlinde

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1082 as found on pages 126 and 127 of the House Journal ; also

     Commerce on HB 1059 as found on page 127 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1129  Introduced by:  Representatives Nygaard, Blake, Dennert, Feickert, Gibson, Juhnke, and Turbiville and Senators Nesselhuf and Bradford

     FOR AN ACT ENTITLED, An Act to require landowner participation or approval of certain agreements relating to carbon sequestration.

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

     HB 1130  Introduced by:  Representatives Lange, Feinstein, and Iron Cloud III and Senators Kloucek, Maher, Miles, and Peterson

     FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Tourism and State Development to provide for the promotion in Mexico of tourist opportunities in South Dakota and of the products made in South Dakota.


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

     HB 1131  Introduced by:  Representatives Lange, Dennert, and Iron Cloud III and Senators Peterson and Kloucek

     FOR AN ACT ENTITLED, An Act to exempt the gross receipts from certain auctions from sales and use tax.

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

     HB 1132  Introduced by:  Representatives Lange, Blake, Dennert, Feickert, Iron Cloud III, Thompson, and Vanderlinde and Senator Merchant

     FOR AN ACT ENTITLED, An Act to prohibit the charging of admission to the Cultural Heritage Center.

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

     HB 1133  Introduced by:  Representatives Putnam, Bolin, Boomgarden, Burg, Curd, Cutler, Dreyer, Engels, Feinstein, Gibson, Greenfield, Juhnke, Kirkeby, Krebs, Lucas, McLaughlin, Novstrup (David), Peters, Pitts, Rausch, Romkema, Rounds, Van Gerpen, and Vanneman and Senators Haverly, Abdallah, Hansen (Tom), Howie, Jerstad, Merchant, and Miles

     FOR AN ACT ENTITLED, An Act to authorize certain specialty license plates to be placed on motorcycles.

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

     HB 1134  Introduced by:  Representatives Hunt, Boomgarden, Brunner, Deadrick, Feickert, Gosch, Kirkeby, Kirschman, Krebs, Lederman, McLaughlin, Noem, Novstrup (David), Peters, Rounds, Steele, Thompson, Verchio, and Wink and Senators Gray, Abdallah, Ahlers, Bartling, Dempster, Gant, Gillespie, Hansen (Tom), Howie, Nesselhuf, and Rhoden

     FOR AN ACT ENTITLED, An Act to require notice of the cost of certain publications.

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


     HB 1135  Introduced by:  Representatives Hunt, Brunner, Gosch, Kirkeby, Krebs, Lederman, Lust, McLaughlin, Novstrup (David), Nygaard, Peters, Rounds, Steele, Thompson, and Verchio and Senators Gray, Abdallah, Dempster, Gant, Hansen (Tom), Howie, Miles, Nesselhuf, and Rhoden

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

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

     HB 1136  Introduced by:  Representatives Brunner, Feickert, and Rausch and Senators Rhoden and Gillespie

     FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the purchase of private water lines.

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

     HB 1137  Introduced by:  Representatives Street, Brunner, Burg, Faehn, Feickert, Feinstein, Frerichs, Krebs, Lederman, Nygaard, and Rausch and Senators Hanson (Gary), Abdallah, Hundstad, Peterson, and Vehle

     FOR AN ACT ENTITLED, An Act to establish certain eligibility requirements for purchasers of houses sold through the Governor's house program.

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

     HB 1138  Introduced by:  Representatives Engels, Gibson, Kirschman, Krebs, Lust, Nygaard, and Peters and Senators Gillespie, Abdallah, Bartling, Fryslie, and Merchant

     FOR AN ACT ENTITLED, An Act to provide for the defeasance of the Commission on the Status of Women.

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

     HB 1139  Introduced by:  Representatives Engels, Cutler, Feinstein, Gibson, Kirschman, Krebs, Lust, Nygaard, and Pitts and Senators Bartling, Abdallah, Fryslie, Gillespie, and Merchant

     FOR AN ACT ENTITLED, An Act to repeal certain obsolete provisions relating to the discontinuance of county homes.

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



     HB 1140  Introduced by:  Representatives Juhnke, Carson, Deadrick, Hunhoff (Bernie), Lucas, Moser, Putnam, Van Gerpen, and Vanneman and Senators Garnos, Bartling, Hanson (Gary), Hunhoff (Jean), Kloucek, and Vehle

     FOR AN ACT ENTITLED, An Act to make an appropriation from the railroad trust fund for the construction of a railroad siding.

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

     HB 1141  Introduced by:  Representatives Juhnke, Brunner, Deadrick, Olson (Betty), Vanneman, and Wink and Senators Howie, Bartling, Garnos, Maher, and Rhoden

     FOR AN ACT ENTITLED, An Act to repeal certain provisions permitting the payment for lands acquired by eminent domain including the cost and expenses of condemnation proceedings from the Department of Game, Fish, and Parks fund.

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

     HB 1142  Introduced by:  Representatives Carson, Burg, Cronin, Dennert, Fargen, Frerichs, Hamiel, Juhnke, Noem, Pitts, Putnam, Tidemann, Van Gerpen, Vanneman, and Wink and Senators Vehle, Ahlers, Bartling, Bradford, Haverly, Hundstad, Kloucek, Olson (Russell), Peterson, Tieszen, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to appropriate money for an adult farm and ranch management program.

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

     HB 1143  Introduced by:  Representative Hunhoff (Bernie) and Senator Olson (Russell)

     FOR AN ACT ENTITLED, An Act to encourage the Department of Revenue and Regulation to include online training programs on the approved list of programs for the instruction on techniques to prevent underage purchasing and consuming of alcohol.

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

     HB 1144  Introduced by:  Representatives Boomgarden, Faehn, Peters, Rave, and Street and Senators Dempster, Gray, Jerstad, Knudson, Maher, and Miles

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the joint and several liability of a husband and wife for necessities.

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



     HB 1145  Introduced by:  Representatives Cutler and Solberg and Senators Miles and Gant

     FOR AN ACT ENTITLED, An Act to revise provisions related to the waiver or reduction of certain special assessments.

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

     HB 1146  Introduced by:  Representatives Cutler, Krebs, Novstrup (David), Rausch, and Schrempp and Senators Abdallah, Dempster, Gillespie, and Gray

     FOR AN ACT ENTITLED, An Act to prohibit the torture of animals and to provide certain penalties therefor.

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

     HB 1147  Introduced by:  Representatives Cutler, Krebs, Novstrup (David), Rausch, and Schrempp and Senators Abdallah, Dempster, Gillespie, Gray, and Tieszen

     FOR AN ACT ENTITLED, An Act to extend civil immunity to licensed veterinarians in certain circumstances.

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

     HB 1148  Introduced by:  Representatives Romkema and Solberg and Senators Gant and Miles

     FOR AN ACT ENTITLED, An Act to clarify requirements for employment of a city engineer.

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

     HB 1149  Introduced by:  Representatives Brunner, Bolin, Feickert, Jensen, Juhnke, Kirkeby, Moser, Novstrup (David), Olson (Betty), Rausch, Rave, Russell, and Verchio and Senators Howie, Abdallah, Bradford, Garnos, Novstrup (Al), Rhoden, and Schmidt

     FOR AN ACT ENTITLED, An Act to allow a person or entity to offer postsecondary education credit in South Dakota while seeking accreditation from a recognized accrediting agency.

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


     HB 1150  Introduced by:  Representatives Turbiville, Kirkeby, and Putnam and Senators Schmidt, Haverly, and Nelson

     FOR AN ACT ENTITLED, An Act to revise certain requirements for any person to sell motorcycles at an event and to provide a penalty for violation thereof.

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

     HB 1151  Introduced by:  Representatives Frerichs, Fargen, Feinstein, Killer, Kirschman, Lederman, Moser, Olson (Betty), Sorenson, Street, and Wink and Senators Bradford, Howie, Maher, Merchant, and Nesselhuf

     FOR AN ACT ENTITLED, An Act to allow citizens without free access to a local library to borrow books directly from any library in the state.

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

     HB 1152  Introduced by:  Representatives Deadrick, Burg, Carson, Dennert, Juhnke, Peters, Putnam, Tidemann, Wink, and Wismer and Senators Brown, Ahlers, Bartling, Haverly, Hunhoff (Jean), and Novstrup (Al)

     FOR AN ACT ENTITLED, An Act to establish certain requirements relating to appraisals of real property by the Department of Game, Fish and Parks.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 5: FOR AN ACT ENTITLED, An Act to revise the form and style of certain provisions and to delete certain obsolete provisions regarding the Department of Tourism and State Development.

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

     SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the promulgation of rules to set various licensing and other fees for certain professions and occupations.

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


     SB 39: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives and to declare an emergency.

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

     SB 42: FOR AN ACT ENTITLED, An Act to impose the sales tax on the gross receipts derived from renting mini-storage units, self-storage units, or storage space and the use tax on the use of mini-storage units, self-storage units, or storage space.

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

     SB 53: FOR AN ACT ENTITLED, An Act to modify the type of financial documents required for a grain buyer's license and to declare an emergency.

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

     SB 54: FOR AN ACT ENTITLED, An Act to revise how certain rates are determined for grain warehouse operators.

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

     SB 55: FOR AN ACT ENTITLED, An Act to revise the requirements regarding the licensing and regulation of grain buyers.

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

     SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the amount of the filing fee for the siting of energy facilities.

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

     SB 65: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

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


     SB 71: FOR AN ACT ENTITLED, An Act to broaden the application of the public indecency and indecent exposure statutes.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1057: FOR AN ACT ENTITLED, An Act to revise the maximum reimbursement for workers' compensation burial expenses.

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

     The question being "Shall HB 1057 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; 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; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     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 1043: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and dentists who have complied with the requirements of the physician tuition reimbursement program or the dental tuition reimbursement program.

     Was read the second time.

     The question being "Shall HB 1043 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0


     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; 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; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     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 1081: FOR AN ACT ENTITLED, An Act to make an appropriation to defray operation costs of the 24/7 sobriety program.

     Was read the second time.

     The question being "Shall HB 1081 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; 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; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     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 1069: FOR AN ACT ENTITLED, An Act to increase certain fees charged by the Office of the Secretary of State.

     Was read the second time.

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

     And the roll being called:


     Yeas 47, Nays 22, Excused 1, Absent 0

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

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

     Excused:
Feinstein

     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 1018: FOR AN ACT ENTITLED, An Act to require a portion of the annual report filing fee paid by certain entities to be deposited in the financing statement and annual report filing fee fund.

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

     The question being "Shall HB 1018 pass?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; 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; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Feickert; Schrempp

     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 1086: FOR AN ACT ENTITLED, An Act to provide for and to require the attachment of an affidavit in certain garnishment proceedings.

     Was read the second time.

     Rep. Lust moved that HB 1086 be deferred to Wednesday, January 28th, the 11th legislative day.

     Which motion prevailed.

     HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding captive insurance companies.

     Was read the second time.

     Rep. Rounds moved that HB 1049 be deferred to Wednesday, Janaury 28th, the 11th legislative day.

     Which motion prevailed.

     HB 1055: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell certain real property located at the Cleghorn Fish Hatchery to the City of Rapid City.

     Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

     Yeas 66, Nays 4, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; 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 (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Brunner; Olson (Betty); Russell; Street


     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 1097: FOR AN ACT ENTITLED, An Act to provide for certain filing fees and surcharges in certain civil cases and to provide exemptions in certain cases.

     Was read the second time.

     The question being "Shall HB 1097 pass?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Elliott; Engels; Faehn; Fargen; 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; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Dennert; Feickert; Verchio

     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 1103: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding limited partnerships and limited liability companies related to the rights of judgment creditors.

     Was read the second time.

     Rep. Faehn moved that HB 1103, 1056, and 1058 be deferred to Wednesday, January 28th, the 11th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 5.



REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1012 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:30 p.m. the House adjourned.

Karen Gerdes, Chief Clerk