JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



ELEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 28, 2009

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

     The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by House page Hanna Distel.

     Roll Call: All members present except Reps. Cutler and Elliott 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.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1105 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1034 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 State Affairs respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill be amended as follows:

1112ta

     On page 2, line 2, of the printed bill, delete everything after " easement, " and insert " any such ".

1112tta

     On page 1, line 1, of the printed bill, delete "notification".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1113 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

 Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1066 and 1110 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 1022 and returns the same with the recommendation that said bill be amended as follows:

1022ra

     On page 2, line 17, of the printed bill, delete " members " and insert " member-managers or managers ".

     On page 2, line 24, overstrike "its" and insert " the corporate ".

     On page 2, line 24, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 3, line 1, after " partners " insert " of partnerships ".

     On page 3, line 5, delete " member " and insert " member-manager, manager ".

     On page 3, line 9, delete " members " and insert " member-managers or managers ".

     On page 3, line 21, overstrike "its" and insert " the corporate ".

     On page 3, line 21, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 3, line 22, after " partners " insert " of partnerships ".

     On page 4, line 2, delete " member " and insert " member-manager, manager ".

     On page 4, line 6, delete " members " and insert " member-managers or managers ".

     On page 4, line 17, overstrike "its" and insert " the corporate ".

     On page 4, line 17, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 4, line 18, after " partners " insert " of partnerships ".

     On page 4, line 22, delete " member " and insert " member-manager, manager ".
     On page 5, line 2, delete " members " and insert " member-managers or managers ".

     On page 6, line 12, delete " members " and insert " member-managers or managers ".

     On page 6, line 19, overstrike "its" and insert " the corporate ".

     On page 6, line 19, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 6, line 20, after " partners " insert " of partnerships ".

     On page 6, line 24, delete " member " and insert " member-manager, manager ".

     On page 7, line 4, delete " members " and insert " member-managers or managers ".

     On page 8, line 14, delete " members " and insert " member-managers or managers ".

     On page 8, line 21, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 8, line 21, after " partners " insert " of partnerships ".

     On page 8, line 24, delete " member " and insert " member-manager, manager ".

     On page 9, line 3, delete " member " and insert " member-manager, manager ".

     On page 10, line 12, delete " members " and insert " member-managers or managers ".

     On page 10, line 18, overstrike "its" and insert " the corporate ".

     On page 10, line 19, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 10, line 19, after " partners " insert " of partnerships ".

     On page 10, line 23, delete " member " and insert " member-manager, manager ".

     On page 11, line 3, delete " members " and insert " member-managers, managers ".

    And that as so amended said bill do pass.

Respectfully submitted,
Roger Hunt, Vice-Chair

 Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1094 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1095 and 1100 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 1026 and returns the same with the recommendation that said bill be amended as follows:

1026fa

     On page 2, line 1, of the printed bill, overstrike "not more than forty" and insert " at least sixty ".

     On page 2, line 2, overstrike "alcoholic" and insert " food and nonalcoholic ".

     On page 3, line 3, overstrike "not more than forty" and insert " at least sixty ".

     On page 3, line 3, delete " the sale of food, ".

     On page 3, line 4, delete " nonalcoholic beverages, and alcoholic beverages within ".

     On page 3, line 5, overstrike "alcoholic" and insert " food and nonalcoholic ".

     On page 3, line 5, delete " If ".

     On page 3, delete lines 6 to 9, inclusive.

     On page 3, line 10, delete " beverages. ".

     On page 3, line 14, delete " two three " and insert "two".

     On page 3, line 15, delete " sales; and gross revenues; " and insert " sales gross revenues ; and".

     On page 3, delete line 16, and insert "(2) Alcoholic beverage sales Total gross revenues .".

     On page 3, delete line 17.

     On page 6, delete lines 1 to 4, inclusive, and insert:

"

     Upon the adoption of an ordinance pursuant to §  35-4-111, any person who purchased an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) between January 1, 2003, and January 1, 2008, and who owned the license on January 1, 2008, shall report to the municipality or county that issued the license the amount paid for the license.".

     On page 6, line 5, delete "municipality or county requests such information.".

     On page 6, line 6, before "requests" insert "adopts an ordinance pursuant to §  35-4-111, and".

     On page 6, line 9, delete "to the municipality or county that issued the" and insert ". If the transaction included other personal property or real property, the full market value of such property on the date of the transaction shall be deducted from the total purchase price to establish the amount paid for the license. The person who owned the license on January 1, 2008, has the burden of establishing the amount paid for the license. If the amount reported is used to determine current fair market value pursuant to §  35-4-117, any licensee who contends that the amount does not accurately reflect the fair market value of the license on the date of purchase may file an objection to the report. The objection shall be filed with the municipality or county within thirty days of the date the license fee is set pursuant to §  35-4-116. If an objection is filed, the governing board of the municipality or county shall conduct a hearing to determine the fair market value of the license. The determination of the governing board may be appealed to circuit court.".

     On page 6, delete lines 10 to 16, inclusive.".

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

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 12, 16, and 18 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1004  Introduced by:  Representatives Curd, Cutler, Dreyer, Hoffman, Lust, Novstrup (David), Olson (Ryan), Peters, Rausch, Rave, Schlekeway, Solum, and Thompson and Senators Dempster and Adelstein

         A CONCURRENT RESOLUTION,  Urging Congress to reauthorize the State Children's Health Insurance Program.

     WHEREAS,  the State Children's Health Insurance Program (SCHIP) was initially passed in 1997, under a new Title XXI of the Federal Social Security Act, and included ten year authorization and funding; and

     WHEREAS,  SCHIP was created to provide coverage to uninsured children in families with income too great to qualify for Medicaid, but too little to purchase private or employer- sponsored health insurance; and

     WHEREAS,  over the past decade, SCHIP has succeeded in providing millions of children and youth across the country with access to affordable health care coverage, currently providing health care to more than six million children annually; and

     WHEREAS,  in South Dakota alone, SCHIP has provided access to health care coverage to more than eleven thousand children in fiscal year 2008; and

     WHEREAS,  SCHIP is vitally important in preserving child wellness, preventing and treating childhood disease, and reducing overall health care costs; and

     WHEREAS,  SCHIP is a program in which states and the federal government have worked together to provide health care coverage to children; and

     WHEREAS,  SCHIP must be reauthorized by Congress for federal funding to continue:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature urges the members of Congress to reauthorize the State Children's Health Insurance Program so that the states and the federal government can continue the financial partnership providing access to affordable health care coverage for children, and to reauthorize the program without extraneous provisions that are likely to cause delay.

     Was read the first time and the Speaker waived the committee referral.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1153  Introduced by:  Representatives Cutler, Bolin, Fargen, Frerichs, Krebs, Lust, Peters, Steele, Thompson, and Turbiville and Senators Gillespie, Dempster, Gray, and Novstrup (Al)

     FOR AN ACT ENTITLED, An Act to revise the elements of the crime of indecent exposure involving a child and to revise the elements of the crime of indecent exposure.

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

     HB 1154  Introduced by:  Representatives Cutler, Blake, Bolin, Dreyer, Engels, Fargen, Frerichs, Hunhoff (Bernie), Peters, Thompson, and Turbiville and Senators Dempster, Knudson, Merchant, Nelson, Nesselhuf, Novstrup (Al), Schmidt, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to revise certain requirements for eligibility for opportunity scholarships.

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

     HB 1155  Introduced by:  Representatives Cutler, Boomgarden, Deadrick, Gibson, Lederman, Novstrup (David), Peters, Romkema, Sorenson, Street, Vanderlinde, and Vanneman and Senators Gillespie, Abdallah, Bartling, Gant, Jerstad, Maher, Miles, and Nesselhuf

     FOR AN ACT ENTITLED, An Act to require that the testing of blood samples of suspects of sexual assault be completed within a specified time.

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

     HB 1156  Introduced by:  Representatives Cutler, Bolin, Brunner, Feickert, Greenfield, Hoffman, Hunt, Jensen, Juhnke, Kopp, Moser, Novstrup (David), Olson (Betty), Rounds, Schlekeway, Van Gerpen, and Verchio and Senators Rhoden, Abdallah, Fryslie, Gant, Garnos, Hansen (Tom), Howie, Kloucek, Maher, Miles, Novstrup (Al), Peterson, and Schmidt

     FOR AN ACT ENTITLED, An Act to provide for the establishment of a task force to study human trafficking and to declare an emergency.

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

     HB 1157  Introduced by:  Representatives Cutler, Boomgarden, Deadrick, Engels, Gibson, Lederman, Novstrup (David), Peters, Romkema, Street, Vanderlinde, and Vanneman and Senators Gillespie, Abdallah, Bartling, Gant, Jerstad, Maher, Miles, and Nesselhuf

     FOR AN ACT ENTITLED, An Act to provide for the establishment of a task force to study issues relating to domestic abuse and sexual assault and to declare an emergency.

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

     HB 1158  Introduced by:  Representatives Cutler, Krebs, and Lust and Senators Heidepriem, Dempster, and Gray

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to private placement policies.

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

     HB 1159  Introduced by:  Representatives Kirkeby, Feickert, and McLaughlin and Senators Gant and Gillespie

     FOR AN ACT ENTITLED, An Act to provide for the adjustment of prices in certain public contracts.

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

     HB 1160  Introduced by:  Representatives Hunhoff (Bernie), Dennert, Fargen, Juhnke, Kirkeby, and Verchio and Senators Howie, Abdallah, Hundstad, Kloucek, Maher, and Nesselhuf

     FOR AN ACT ENTITLED, An Act to revise certain provisions requiring the construction of fences by railroads.

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

     HB 1161  Introduced by:  Representatives Curd, Cutler, Dreyer, Hoffman, Lust, Olson (Ryan), Rave, and Thompson and Senators Adelstein and Dempster

     FOR AN ACT ENTITLED, An Act to increase the monetary amount required to prove financial responsibility for accidents arising out of the ownership, maintenance, or use of a vehicle.

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

     HB 1162  Introduced by:  Representatives Gosch, Cutler, and Engels and Senators Gillespie and Abdallah

     FOR AN ACT ENTITLED, An Act to provide for joinder of judgment creditors as third parties in certain foreclosure actions.

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

     HB 1163  Introduced by:  Representatives Van Gerpen, Boomgarden, Carson, Feickert, Gibson, Hunhoff (Bernie), Jensen, Juhnke, Moser, Novstrup (David), Putnam, Sly, Steele, Thompson, Vanderlinde, and Verchio and Senators Hanson (Gary), Bartling, Fryslie, and Miles

     FOR AN ACT ENTITLED, An Act to excuse certain elderly persons from jury duty upon request.

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

     HB 1164  Introduced by:  Representatives Curd, Bolin, Boomgarden, Cronin, Cutler, Krebs, Novstrup (David), Olson (Betty), Peters, Rausch, Schlekeway, Steele, and Verchio and Senators Dempster, Haverly, Jerstad, and Novstrup (Al)

     FOR AN ACT ENTITLED, An Act to exempt certain trees from requirements related to the removal of vegetation and debris from township road rights-of-way.

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

     HB 1165  Introduced by:  Representatives Russell, Kopp, Lucas, Nygaard, Olson (Betty), Schrempp, and Verchio and Senators Howie, Bradford, Maher, Rhoden, and Schmidt

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the exercise of eminent domain by railroads.

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

     HB 1166  Introduced by:  Representatives Deadrick, Cutler, Gosch, and Lust and Senators Heidepriem, Abdallah, and Vehle

     FOR AN ACT ENTITLED, An Act to provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

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

     HB 1167  Introduced by:  Representatives Cutler, Fargen, Hunt, and Rave and Senators Knudson, Abdallah, Hanson (Gary), and Peterson

     FOR AN ACT ENTITLED, An Act to revise the statute of frauds with respect to the sale of grain, grain sorghums, beans, and oilseeds.

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

     HB 1168  Introduced by:  Representatives Cutler, Curd, Hamiel, Hoffman, Hunhoff (Bernie), Jensen, Kirkeby, McLaughlin, Moser, Novstrup (David), Schlekeway, Turbiville, and Vanderlinde and Senators Hansen (Tom), Abdallah, Fryslie, Haverly, Merchant, Novstrup (Al), and Tieszen

     FOR AN ACT ENTITLED, An Act to prohibit multiple payday loan transactions with the same person or within a specified time period and to provide for a database to verify transactions.

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

     HB 1169  Introduced by:  Representatives Hunt, Faehn, Hunhoff (Bernie), Krebs, McLaughlin, Schlekeway, Thompson, and Verchio and Senators Abdallah, Dempster, Gant, and Miles

     FOR AN ACT ENTITLED, An Act to revise the certain provisions concerning the regulatory planning and zoning powers of municipalities.

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

     HB 1170  Introduced by:  Representatives Hoffman, Brunner, Cutler, Feickert, Gosch, Kirkeby, Moser, Novstrup (David), Schlekeway, Sly, Solum, and Wink and Senators Maher, Bartling, Brown, Garnos, and Howie

     FOR AN ACT ENTITLED, An Act to provide for legislative representation on the Game, Fish and Parks Commission.

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

     HB 1171  Introduced by:  Representatives Hoffman, Cronin, Feickert, and Novstrup (David) and Senators Brown, Bartling, Bradford, Howie, and Maher

     FOR AN ACT ENTITLED, An Act to exempt any school district from the minimum size requirement if it operates the only remaining public high school located within the boundaries of any county.


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

     HB 1172  Introduced by:  Representatives Hoffman, Cronin, Fargen, Killer, Kopp, Moser, Olson (Betty), Vanderlinde, Verchio, and Wismer and Senators Brown, Bartling, Bradford, Hansen (Tom), and Maher

     FOR AN ACT ENTITLED, An Act to suspend for two years the requirement that certain school districts with low enrollment reorganize.

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

     HB 1173  Introduced by:  Representatives Putnam, Brunner, Burg, Carson, Cronin, Cutler, Deadrick, Dennert, Fargen, Frerichs, Gibson, Greenfield, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Juhnke, Kirkeby, Krebs, Lange, Lucas, McLaughlin, Moser, Noem, Novstrup (David), Olson (Ryan), Peters, Pitts, Rausch, Rave, Romkema, Rounds, Schlekeway, Schrempp, Sorenson, Street, Tidemann, Turbiville, Van Gerpen, Vanneman, and Verchio and Senators Bartling, Ahlers, Bradford, Brown, Fryslie, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Maher, Merchant, Miles, Nesselhuf, Olson (Russell), Peterson, Rhoden, and Vehle

     FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

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

     HB 1174  Introduced by:  Representatives Dennert, Feinstein, Frerichs, and Hunhoff (Bernie) and Senators Bartling, Hanson (Gary), Heidepriem, and Kloucek

     FOR AN ACT ENTITLED, An Act to appropriate money from the budget reserve fund to increase the state funded portion to state aid to education, decrease current tax levies, and increase provider inflation.

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

     HB 1175  Introduced by:  Representative Peters and Senator Haverly

     FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational opportunity for military children.

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

     HB 1176  Introduced by:  Representative Gosch and Senator Haverly

     FOR AN ACT ENTITLED, An Act to authorize unemployment benefits for the spouses of certain military personnel.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 12: FOR AN ACT ENTITLED, An Act to limit the amount of tax refunds for construction projects that are located in areas that are included in a tax collection agreement between the state and an Indian tribe.

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

     SB 16: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the taxation of biodiesel and biodiesel blends.

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

     SB 18: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1051: FOR AN ACT ENTITLED, An Act to make the sale or purchase of lawfully preserved and mounted fish an exception to the prohibition against the sale or purchase of fish taken from the waters of the state.

     Was read the second time.

     Rep. Verchio requested that HB 1051 be removed from the Consent Calendar.

    Which request was granted.

     HB 1041: FOR AN ACT ENTITLED, An Act to provide physicians with a limited permit to practice medicine within a residency program and to revise certain provisions regarding the Board of Examiners authority to administer resident certificates and resident training permits.

     Was read the second time.

     The question being "Shall HB 1041 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); 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:
Cutler; Elliott; Hunhoff (Bernie); Olson (Ryan)

     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 1042: FOR AN ACT ENTITLED, An Act to permit an extension to the required examination time period allowed for certain medical licensing examinations.

     Was read the second time.

     The question being "Shall HB 1042 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; 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


     Excused:
Cutler; Elliott

     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 1108: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the purchase of stationary for county officers.

     Was read the second time.

     The question being "Shall HB 1108 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; 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

     Excused:
Cutler; Elliott

     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

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

     The question being "Shall HB 1086 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; 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

     Excused:
Cutler; Elliott

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

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

     The question being "Shall HB 1049 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; 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

     Excused:
Cutler; Elliott

     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 revise certain provisions regarding limited partnerships and limited liability companies related to the rights of judgment creditors.

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

     The question being "Shall HB 1103 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); 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

     Excused:
Cutler; Elliott; Hunt

     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 1056: FOR AN ACT ENTITLED, An Act to authorize education programs required by the State Cosmetology Commission to be taught at branch schools.

     Was read the second time.

     The question being "Shall HB 1056 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); 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

     Excused:
Cutler; Elliott; Hunt

     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 1058: FOR AN ACT ENTITLED, An Act to revise certain practice privileges for certified public accountants licensed in other states.

     Was read the second time.

     The question being "Shall HB 1058 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; 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

     Excused:
Cutler; Elliott

     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 1082: FOR AN ACT ENTITLED, An Act to revise the procedure to adopt rules.

     Was read the second time.

     The question being "Shall HB 1082 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; 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

     Excused:
Cutler; Elliott

     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 1059: FOR AN ACT ENTITLED, An Act to define and prohibit controlled business in insurance.

     Was read the second time.

     The question being "Shall HB 1059 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; 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

     Excused:
Cutler; Elliott

     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 1052: FOR AN ACT ENTITLED, An Act to define trophy and non-trophy 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. Faehn moved that HB 1052 be placed to follow HB 1053 on today's calendar.

     Which motion prevailed.

     HB 1053: FOR AN ACT ENTITLED, An Act to repeal the prohibition against the resale of certain seized or abandoned property purchased from the secretary of game, fish and parks.

     Was read the second time.

     The question being "Shall HB 1053 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; 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

     Excused:
Cutler; Elliott

     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 1052: FOR AN ACT ENTITLED, An Act to define trophy and non-trophy antelope, mule deer, white-tailed deer, and elk, and establish a civil penalty for the unlawful taking of trophy animals.

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

1052aa

     Rep. Dennert moved that HB 1052 be amended as follows:

     On page 2, line 20, of the printed bill, delete " non-trophy " and insert " trophy ".

     On page 2, line 21, delete " , trophy antelope or trophy deer; " and insert " ; two thousand dollars for each trophy antelope, trophy deer, or non-trophy elk; ".

     On page 2, line 21, after "goat" remove the overstrikes from " or ".

     On page 2, line 21, delete " , ".

     On page 2, line 22, delete " , or trophy elk ".

     Which motion lost.

     Rep. Faehn moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1052 pass?"

     And the roll being called:

     Yeas 42, Nays 26, Excused 2, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Dreyer; Engels; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Kopp; Krebs; Lederman; Lucas; Lust; McLaughlin; Noem; Novstrup (David); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Burg; Deadrick; Dennert; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Lange; Moser; Nygaard; Olson (Betty); Putnam; Russell; Schrempp; Solberg; Sorenson; Van Gerpen; Vanderlinde

     Excused:
Cutler; Elliott

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

     Rep. Faehn moved that HB 1013, 1014, and 1092 be deferred to Thursday, January 29th, the 12th legislative day.

     Which motion prevailed.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:15 p.m. the House adjourned.

Karen Gerdes, Chief Clerk