JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



TWELFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 29, 2009

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

     The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by House page Lexy Weber.

     Roll Call: All members present except Rep. Cutler 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 eleventh 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 Taxation respectfully reports that it has had under consideration HB  1010 and 1011 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 Taxation respectfully reports that it has had under consideration HB  1008 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1090 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 1091 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1133 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Shantel Krebs, Chair

 Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1004 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill be amended as follows:

1001tb

     On page 1, line 9, of the printed bill, after " classified " insert " by the Veterans Administration ".

     On page 1, line 10, delete " for the purposes of receiving social security benefits " and insert " as a result of a service connected injury ".

     On page 1, line 14, delete " pass " and insert " park entrance license ".

     On page 2, line 1, delete everything before "The" and insert " Parks. ".

     On page 2, delete line 4, and insert " a lifetime park entrance license .".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1126 and returns the same with the recommendation that said bill be referred to the Committee on Transportation.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1120 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

 Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1136 and 1139 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 Local Government respectfully reports that it has had under consideration HB 1117 and returns the same with the recommendation that said bill be amended as follows:

1117ta

     On page 1, line 6, of the printed bill, delete "establish a group health insurance plan, a" and insert "enroll in any authorized group health insurance plan,".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1119 and returns the same with the recommendation that said bill be amended as follows:

1119fta

     On page 1, line 1, of the printed bill, delete "require" and insert "permit".

    And that as so amended said bill do pass.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1015, 1016, and 1083 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1032 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 1, 31, 37, 51, 69, 70, 73, and 78 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1004: A CONCURRENT RESOLUTION, Urging Congress to reauthorize the State Children's Health Insurance Program.

     Rep. Curd moved that HCR 1004 as found on page 161 of the House Journal be adopted.

     The question being on Rep. Curd's motion that HCR 1004 be adopted.

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Blake; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Nays:
Bolin

     Excused:
Cutler

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.


      HCR 1005  Introduced by:  Representatives Jensen, 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, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer and Senators Knudson, Abdallah, Adelstein, Bartling, Bradford, Dempster, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Howie, Hunhoff (Jean), Kloucek, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, and Turbak Berry

         A CONCURRENT RESOLUTION,  To honor and thank George W. Bush, the forty-third president of the United States of America.

     WHEREAS,  the United States of America was attacked in an unprovoked manner on September 11, 2001, by Al-Qaeda terrorists resulting in the slaughter of 2,751 innocent men, women, and children; and

     WHEREAS,  President George W. Bush responded with overwhelming force to bring to justice those responsible for said act of war; and

     WHEREAS,  many terrorist leaders have been justly killed or captured as a result of President George W. Bush's worldwide war on terror; and

     WHEREAS,  Four thousand eight hundred forty-seven of America's finest have given their lives to protect us in our homeland; and

     WHEREAS,  Thirty-three thousand sixty-three of our brave men and women in uniform have suffered injury and loss of limb securing our freedom; and

     WHEREAS,  the Bush Administration has uncovered numerous terrorist plots to kill Americans on our own soil; and

     WHEREAS,  President George W. Bush has kept our nation safe from terrorist attacks over the past seven years;

     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 we congratulate and thank President George W. Bush for a job well done in keeping our country safe from terrorist attacks.

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

      HCR 1006  Introduced by:  Representatives Rave and Curd and Senator Dempster

         A CONCURRENT RESOLUTION,  Encouraging all South Dakota schools to place a sufficient number of Automated External Defibrillators (AEDs) in their facilities, at their athletic fields, and with their athletic staff, and to adopt a medical emergency response plan that includes AED use.

     WHEREAS,  schools and school-sponsored athletic events are attended daily across South Dakota by thousands of adults and students; and

     WHEREAS,  one thousand two hundred Americians die every day from sudden cardiac arrest, totaling approximately four hundred fifty thousand victims each year; and

     WHEREAS,  sudden cardiac arrest is the leading cause of death in young athletes; and

     WHEREAS,  we know there are a significant number of young athletes with undetected, underlying heart disease that predisposes them to sudden cardiac arrest, especially at times of exertion; and

     WHEREAS,  it generally takes six to twelve minutes for the average U.S. emergency medical services team to arrive at the scene of a medical emergency, and studies show survival rates drop seven to ten percent every minute defibrillation is delayed; and

     WHEREAS,  out-of-hospital survival rates from sudden cardiac arrest are about five percent, yet recent studies show that up to seventy percent of victims survive when AEDs are accessible and used within three to four minutes; and

     WHEREAS,  results from the largest-ever clinical trial studying the outcome of public access to defibrillation were presented in 2006 at the American Heart Association's Annual Scientific Sessions, and the data indicated that the number of survivors from sudden cardiac arrest in public locations approximately doubled when lay persons called 911 and administered CPR and AED therapy; and

     WHEREAS,  the presence of AEDs in schools improves public awareness of what sudden cardiac arrest is, what AEDs are, and the importance of immediate bystander action:

     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 South Dakota Legislature encourages all South Dakota schools to place a sufficient number of Automated External Defibrillators (AEDs) in their facilities, at their athletic fields, and with their athletic staff, and to adopt a medical emergency response plan that includes AED use.

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

      Rep. Faehn moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Friday, January 30th, the 13th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on HB 1112 as found on page 156 of the House Journal ; also

     Judiciary on HB 1022 as found on pages 157 and 158 of the House Journal ; also

     Commerce on HB 1026 as found on pages 159 and 160 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1177  Introduced by:  Representatives Brunner, Dennert, Faehn, Juhnke, Kirkeby, Lange, Novstrup (David), Olson (Ryan), and Rounds and Senators Garnos, Abdallah, Bartling, Hansen (Tom), Howie, Kloucek, Maher, and Olson (Russell)

     FOR AN ACT ENTITLED, An Act to revise the definition of transmission facilities.

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

     HB 1178  Introduced by:  Representatives Deadrick, Brunner, Cutler, Dreyer, Gibson, Juhnke, Kirkeby, Krebs, Lederman, Lucas, Novstrup (David), Peters, Sorenson, Street, Vanderlinde, and Vanneman and Senators Garnos, Abdallah, Bartling, Bradford, Jerstad, Maher, Merchant, Nesselhuf, and Peterson

     FOR AN ACT ENTITLED, An Act to require the Department of Education to administer a pilot program for the purpose of increasing graduation rates among at-risk minority students, and to make an appropriation therefor.

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

     HB 1179  Introduced by:  Representatives Hunt, Brunner, Dennert, Elliott, Feickert, Frerichs, Greenfield, Iron Cloud III, Jensen, Killer, Kopp, Lange, Lederman, Noem, Nygaard, Olson (Betty), Schrempp, Steele, Thompson, Verchio, and Wink and Senators Rhoden, Bradford, Fryslie, Howie, Maher, Nesselhuf, and Schmidt

     FOR AN ACT ENTITLED, An Act to provide for the practice and regulation of licensed midwives.

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

     HB 1180  Introduced by:  Representatives Peters, Bolin, Brunner, Cutler, Deadrick, Dreyer, Gibson, Kirkeby, Krebs, Lederman, Lucas, Novstrup (David), Sorenson, Steele, Street, Vanderlinde, and Vanneman and Senators Merchant, Abdallah, Bartling, Bradford, Haverly, Jerstad, Maher, Nesselhuf, and Peterson

     FOR AN ACT ENTITLED, An Act to create a dual credit grant program for public high school students and to make an appropriation therefor.

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

     HB 1181  Introduced by:  Representatives Brunner, Burg, Carson, Cronin, Fargen, Feickert, Juhnke, Pitts, Schrempp, Sorenson, Van Gerpen, Vanneman, and Wink and Senators Rhoden, Ahlers, Bartling, Fryslie, Garnos, Hansen (Tom), and Peterson

     FOR AN ACT ENTITLED, An Act to establish a veterinary education loan repayment program for veterinarians who fulfill certain requirements and to make an appropriation therefor.

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

     HB 1182  Introduced by:  Representatives Bolin, Curd, Cutler, Dreyer, Jensen, Kirkeby, Lederman, Lust, McLaughlin, Peters, Romkema, Sly, and Verchio and Senator Schmidt

     FOR AN ACT ENTITLED, An Act to increase the required minimum school district size from a fall enrollment of one hundred to a fall enrollment of one hundred ninety-five.

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

     HB 1183  Introduced by:  Representatives Lust, Boomgarden, Cronin, Curd, Dreyer, Feinstein, Gosch, Jensen, Kopp, McLaughlin, Olson (Ryan), Romkema, Rounds, Sly, Thompson, Turbiville, Verchio, and Wink and Senators Haverly, Abdallah, Adelstein, Dempster, Knudson, Nelson, Rhoden, Tieszen, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to authorize the Board of Regents and the South Dakota Building Authority to contract for construction of the Higher Education Center-West River and to make an appropriation therefor.

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

     HB 1184  Introduced by:  Representatives Lust, Bolin, Boomgarden, Brunner, Burg, Carson, Cutler, Dennert, Dreyer, Elliott, Faehn, Fargen, Feickert, Gibson, Gosch, Greenfield, Hamiel, Hunhoff (Bernie), Juhnke, Kirkeby, Krebs, Lederman, Lucas, McLaughlin, Moser, Noem, Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Schlekeway, Solum, Thompson, Tidemann, Turbiville, Van Gerpen, Vanneman, Verchio, Wink, and Wismer and Senators Gray, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Hansen (Tom), Hanson (Gary), Haverly, Howie, Hundstad, Hunhoff (Jean), Jerstad, Knudson, Maher, Merchant, Miles, Nelson, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle

     FOR AN ACT ENTITLED, An Act to clarify provisions dealing with the initiative process.

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

     HB 1185  Introduced by:  Representatives Dennert, Blake, Burg, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Lange, Lucas, Nygaard, Schrempp, Solberg, Sorenson, Thompson, Vanderlinde, and Wismer and Senators Kloucek, Ahlers, Bartling, Hanson (Gary), Heidepriem, Hundstad, Jerstad, Maher, Merchant, Miles, Nesselhuf, and Peterson

     FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2009.

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

     HB 1186  Introduced by:  Representatives Greenfield, Blake, Burg, Dennert, Elliott, Gibson, Hunhoff (Bernie), Kirschman, Krebs, Lucas, McLaughlin, Noem, Peters, Putnam, Rausch, Thompson, and Van Gerpen and Senators Merchant, Garnos, Haverly, Jerstad, Kloucek, and Maher

     FOR AN ACT ENTITLED, An Act to reimburse and reward public school counselors who earn the credential of National Certified School Counselor.

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


     HB 1187  Introduced by:  Representative Greenfield

     FOR AN ACT ENTITLED, An Act to provide for legislative redistricting based on a Senate of twenty-five members.

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

     HB 1188  Introduced by:  Representatives Hamiel, Brunner, Carson, Deadrick, Killer, McLaughlin, Putnam, Schlekeway, Sly, Solum, and Vanneman and Senators Vehle, Abdallah, and Haverly

     FOR AN ACT ENTITLED, An Act to require that five percent of the qualified electors in one-half of the counties sign initiative and referendum petitions.

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

     HB 1189  Introduced by:  Representatives Russell, Jensen, and Olson (Betty) and Senator Schmidt

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice of meetings of public bodies.

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

     HB 1190  Introduced by:  Representatives Lange and Iron Cloud III and Senators Merchant, Jerstad, Kloucek, and Miles

     FOR AN ACT ENTITLED, An Act to provide for the reduction of the sales and use tax on certain food items.

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

     HB 1191  Introduced by:  Representatives Lange, Blake, Dennert, Feickert, Nygaard, Thompson, and Wismer and Senators Hundstad, Hanson (Gary), and Jerstad

     FOR AN ACT ENTITLED, An Act to increase the state's percentage of video lottery net machine income and to revise the allocation of the revenue.

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

     HB 1192  Introduced by:  Representatives Lange, Blake, Dennert, Elliott, Feickert, Feinstein, Gibson, Solberg, and Street and Senators Hanson (Gary) and Jerstad

     FOR AN ACT ENTITLED, An Act to require lighted front and rear lamps on motor vehicles when the windshield wipers are in use.

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

     HB 1193  Introduced by:  Representatives Lange, Blake, Dennert, Elliott, Feickert, and Solberg and Senator Miles

     FOR AN ACT ENTITLED, An Act to increase the license fees for certain noncommercial motor homes, recreational vehicles, and noncommercial trailers and semitrailers.

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

     HB 1194  Introduced by:  Representatives Lange, Dennert, and Feickert and Senators Jerstad and Kloucek

     FOR AN ACT ENTITLED, An Act to repeal the contractor's excise tax.

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

     HB 1195  Introduced by:  Representatives Lange and Feickert and Senators Kloucek and Bradford

     FOR AN ACT ENTITLED, An Act to impose an income tax on interest and dividends and to provide penalties for the violation thereof.

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

     HB 1196  Introduced by:  Representatives Feickert, Dennert, Elliott, Feinstein, Frerichs, Kirkeby, Kirschman, Lederman, Nygaard, Sorenson, Street, Vanderlinde, and Verchio and Senators Dempster, Abdallah, Bartling, Hanson (Gary), Hundstad, Kloucek, Peterson, and Rhoden

     FOR AN ACT ENTITLED, An Act to require the consent of the governing bodies of certain local governments before creating tax incremental districts.

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

     HB 1197  Introduced by:  Representatives Kirkeby, Brunner, Cronin, Cutler, Feickert, Feinstein, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Kopp, Krebs, Lederman, Moser, Novstrup (David), Nygaard, Olson (Betty), Rounds, Schlekeway, Steele, Turbiville, and Verchio and Senators Gant, Adelstein, Howie, Jerstad, Kloucek, Maher, Miles, Nesselhuf, Novstrup (Al), Peterson, and Rhoden

     FOR AN ACT ENTITLED, An Act to allow single-family dwellings that are under construction or listed for sale by contractors to be classified as owner-occupied single-family dwellings for the purpose of taxation.

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

     HB 1198  Introduced by:  Representatives Kirkeby, Brunner, Gibson, Gosch, Jensen, Lederman, McLaughlin, Moser, Nygaard, Olson (Betty), Sly, Steele, and Verchio and Senators Bradford, Adelstein, Gant, Haverly, Howie, Kloucek, Rhoden, and Schmidt

     FOR AN ACT ENTITLED, An Act to allow school districts to charge students a fee to participate in interscholastic activities for which no academic credit is earned.

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

     HB 1199  Introduced by:  Representatives Deadrick, Brunner, Hunt, Juhnke, Moser, Olson (Betty), Rounds, and Vanneman and Senators Gray, Ahlers, Bradford, Dempster, Hansen (Tom), Knudson, and Miles

     FOR AN ACT ENTITLED, An Act to authorize the South Dakota Energy Infrastructure Authority to study the feasibility of nuclear power plant facility in South Dakota and to make an appropriation therefor.

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

     HB 1200  Introduced by:  Representative Tidemann and Senator Hunhoff (Jean)

     FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

     HB 1201  Introduced by:  Representative Tidemann and Senator Hunhoff (Jean)

     FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

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


     HB 1202  Introduced by:  Representatives Faehn, Hunhoff (Bernie), Kirkeby, Lust, Moser, Noem, Olson (Betty), Rave, Steele, and Tidemann and Senators Garnos, Howie, Miles, and Rhoden

     FOR AN ACT ENTITLED, An Act to permit certain persons with insulin-treated diabetes mellitus to get an endorsement on a commercial driver license to drive a school bus.

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

     HB 1203  Introduced by:  Representatives Hunt, Bolin, Brunner, Cronin, Deadrick, Faehn, Gosch, Krebs, Novstrup (David), Peters, Rausch, Rave, Russell, and Steele and Senators Rhoden, Bartling, Fryslie, Gant, and Howie

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

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

     HB 1204  Introduced by:  Representatives Hunt, Krebs, and Rave and Senators Jerstad and Abdallah

     FOR AN ACT ENTITLED, An Act to provide for the partial replacement of nursing home facilities under certain circumstances.

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

     HB 1205  Introduced by:  Representatives Dreyer, Cutler, Faehn, Lust, Rave, Rounds, and Verchio and Senators Nesselhuf, Haverly, and Vehle

     FOR AN ACT ENTITLED, An Act to permit an applicant for a responsible broker's license to complete the required fifteen hours of education beyond the broker associate level after licensure as a responsible broker.

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

     HB 1206  Introduced by:  Representatives Van Gerpen, Feinstein, Kirkeby, McLaughlin, and Thompson and Senators Maher, Abdallah, Ahlers, Hanson (Gary), Haverly, and Heidepriem

     FOR AN ACT ENTITLED, An Act to allow a school district to transfer funds from the capital outlay fund to the bond redemption fund for a period of one year following a reorganization.

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


      HB 1207  Introduced by:  Representatives Engels, Blake, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Hunt, Killer, Lust, Moser, Nygaard, Schlekeway, Turbiville, and Vanderlinde and Senators Vehle, Abdallah, Gant, Gillespie, Heidepriem, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to provide for the reduction of certain sentences upon provision of substantial assistance from the recipient.

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

     HB 1208  Introduced by:  Representatives Engels, Cutler, Hamiel, Hoffman, Lust, Russell, Schlekeway, and Turbiville and Senators Maher, Abdallah, and Schmidt

     FOR AN ACT ENTITLED, An Act to establish certain presumptions concerning the results of blood, breath, and urine tests administered in connection with driving under the influence arrests.

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

     HB 1209  Introduced by:  Representatives Nygaard, Feickert, Feinstein, Hunhoff (Bernie), Lange, McLaughlin, Street, and Verchio and Senators Hundstad, Hanson (Gary), Miles, and Peterson

     FOR AN ACT ENTITLED, An Act to require electrical utilities to file certain information with the Public Utilities Commission.

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

     HB 1210  Introduced by:  Representatives Street, Burg, Feickert, Hunhoff (Bernie), Lucas, Olson (Ryan), Pitts, and Rounds and Senators Peterson, Abdallah, Nesselhuf, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to revise certain provisions of administrative rules that establish the mileage allowance for the use of privately owned motor vehicles by state employees.

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

     HB 1211  Introduced by:  Representatives Turbiville, Boomgarden, Hunhoff (Bernie), and Kirkeby and Senators Nelson, Abdallah, and Miles

     FOR AN ACT ENTITLED, An Act to revise the time frame and requirements for certain alcoholic beverage licensees to provide on-sale service of alcoholic beverages on Sunday.

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


      HB 1212  Introduced by:  Representatives Turbiville, Brunner, Elliott, Frerichs, Greenfield, Hunt, Kirkeby, Kirschman, Krebs, Lucas, McLaughlin, Nygaard, Olson (Ryan), Solum, and Verchio and Senators Miles, Abdallah, Adelstein, Bartling, Bradford, Dempster, Gant, Hanson (Gary), Maher, Peterson, and Vehle

     FOR AN ACT ENTITLED, An Act to revise certain requirements of written contract documents for public improvements.

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

     HB 1213  Introduced by:  Representatives Turbiville, Blake, Bolin, Boomgarden, Brunner, Cronin, Cutler, Deadrick, Elliott, Engels, Fargen, Feickert, Frerichs, Gibson, Gosch, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Lange, Lucas, Moser, Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Pitts, Romkema, Rounds, Schlekeway, Schrempp, Sly, Solum, Sorenson, Steele, Street, Thompson, and Vanneman and Senators Heidepriem, Abdallah, Bradford, Dempster, Gant, Garnos, Gillespie, Gray, Hanson (Gary), Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Tieszen, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to allow school districts to enter into group health insurance contracts that include dental and vision insurance, and to allow school districts to offer group life and group health insurance benefits to retired employees.

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

     HB 1214  Introduced by:  Representatives Olson (Ryan), Krebs, and Rausch and Senators Fryslie, Ahlers, Peterson, and Vehle

     FOR AN ACT ENTITLED, An Act to remove certain speed restrictions for certain vehicles hauling agricultural products or livestock.

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

     HB 1215  Introduced by:  Representatives Olson (Ryan), Faehn, Gosch, Noem, Peters, Putnam, and Tidemann and Senators Dempster, Gray, and Knudson

     FOR AN ACT ENTITLED, An Act to transfer funds from the tax relief fund to the general fund.

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

     HB 1216  Introduced by:  Representative Noem and Senator Knudson

     FOR AN ACT ENTITLED, An Act to provide for the deposition of the proceeds from certain fee increases.

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

     HB 1217  Introduced by:  Representative Noem and Senator Knudson

     FOR AN ACT ENTITLED, An Act to provide for the suspension of certain statutory tax exemptions.

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

     HB 1218  Introduced by:  Representative Noem and Senator Knudson

     FOR AN ACT ENTITLED, An Act to provide for a general increase in the fees collected by state departments and agencies.

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

     HB 1219  Introduced by:  Representatives Feinstein, Deadrick, Engels, Gosch, Hunt, and Lust and Senators Heidepriem, Gillespie, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to allow a corporation to file a short form in lieu of an annual report under certain conditions.

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

     HB 1220  Introduced by:  Representatives Feinstein, Burg, Engels, Killer, and Putnam and Senators Merchant, Gillespie, Haverly, and Howie

     FOR AN ACT ENTITLED, An Act to provide an affirmative defense regarding a violation involving an unchanging traffic-control device.

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

     HB 1221  Introduced by:  Representatives Solberg, Blake, Cutler, Elliott, Engels, Fargen, Gibson, Kirschman, Lederman, Schlekeway, Schrempp, Street, Thompson, and Vanderlinde and Senators Nesselhuf, Ahlers, Gant, and Heidepriem

     FOR AN ACT ENTITLED, An Act to increase the monthly benefit for child dependants of workers who are killed on the job.


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

     HB 1222  Introduced by:  Representatives Frerichs, Street, and Verchio and Senators Peterson, Bartling, and Maher

     FOR AN ACT ENTITLED, An Act to allow a winter load increase of certain motor vehicle weight restrictions.

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

     HB 1223  Introduced by:  Representative Frerichs and Senator Merchant

     FOR AN ACT ENTITLED, An Act to revise the high school course requirements for graduation from the distinguished high school program.

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

     HB 1224  Introduced by:  Representatives Russell, Brunner, Hoffman, Killer, Kirkeby, Lucas, Olson (Betty), Schrempp, Sly, Van Gerpen, and Verchio and Senators Howie, Bradford, Maher, and Rhoden

     FOR AN ACT ENTITLED, An Act to place certain restrictions on state participation in a national animal identification system.

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

     HB 1225  Introduced by:  Representatives Krebs, Brunner, Dreyer, Gibson, Hunt, Kirkeby, Lucas, Romkema, Schlekeway, Street, Turbiville, Verchio, and Wismer and Senators Jerstad, Ahlers, Hansen (Tom), Miles, and Nelson

     FOR AN ACT ENTITLED, An Act to require certain authorization for the installation of certain fixtures on rental property and to establish penalties related thereto.

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

     HB 1226  Introduced by:  Representatives Krebs and Russell and Senators Adelstein and Nesselhuf

     FOR AN ACT ENTITLED, An Act to allow artisan distillers and farm wineries to sell certain distilled spirits to wholesalers and retailers.

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


     HB 1227  Introduced by:  Representatives Krebs, Hunt, Kopp, Lange, McLaughlin, Novstrup (David), Solum, Sorenson, Steele, Street, Turbiville, and Verchio and Senators Vehle, Adelstein, Dempster, Jerstad, and Merchant

     FOR AN ACT ENTITLED, An Act to increase license fees for certain noncommercial motor homes and trailers.

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

     HB 1228  Introduced by:  Representatives Krebs, Hunt, Kopp, Lange, McLaughlin, Novstrup (David), Solum, Sorenson, Steele, Street, Turbiville, and Verchio and Senators Vehle, Adelstein, Dempster, Jerstad, and Merchant

     FOR AN ACT ENTITLED, An Act to require mopeds used on public highways to be titled and licensed as a motorcycle and to increase license fees for motorcycles.

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

     HJR 1001  Introduced by:  Representatives Lange, Dennert, Feickert, Iron Cloud III, and Lucas and Senators Kloucek, Bradford, and Hanson (Gary)

     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 1: FOR AN ACT ENTITLED, An Act to clarify, repeal, update, and make form and style revisions to certain statutes related to the Department of Game, Fish and Parks.

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

     SB 31: FOR AN ACT ENTITLED, An Act to revise certain labeling requirements for gasoline or gasoline blends.

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

     SB 37: FOR AN ACT ENTITLED, An Act to establish certain immunity for volunteers of the statewide emergency registry of volunteers for South Dakota program.

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

     SB 51: FOR AN ACT ENTITLED, An Act to provide for a drug screening program for certain applicants and employees of the Wildland Fire Suppression Division.

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

     SB 69: FOR AN ACT ENTITLED, An Act to revise the requirement for a fire equipment shop.

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

     SB 70: FOR AN ACT ENTITLED, An Act to repeal the provision requiring a forty-eight hour waiting period to purchase a pistol.

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

     SB 73: FOR AN ACT ENTITLED, An Act to permit persons sixteen years of age to donate blood under certain circumstances.

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

     SB 78: FOR AN ACT ENTITLED, An Act to revise the mandatory retirement age of judges of the Supreme Court and circuit court.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to earnings subject to garnishment.

     Was read the second time.

     The question being "Shall HB 1034 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

     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 1066: FOR AN ACT ENTITLED, An Act to revise certain responsibilities of the Supreme Court regarding the Commission on Judicial Qualifications.

     Was read the second time.

     The question being "Shall HB 1066 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

     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 1110: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to limited liability for Y2K litigation.

     Was read the second time.

     The question being "Shall HB 1110 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

     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 1095: FOR AN ACT ENTITLED, An Act to include the improper influence of a real estate appraisal by a real estate licensee to the acts constituting unprofessional conduct.

     Was read the second time.

     The question being "Shall HB 1095 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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


     Excused:
Cutler

     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 1100: FOR AN ACT ENTITLED, An Act to revise where business records of insurance producers may be maintained.

     Was read the second time.

     The question being "Shall HB 1100 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

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

    Speaker Pro tempore Rausch now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     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.

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

1051ra

     Rep. Verchio moved that HB 1051 be amended as follows:

     On page 1, line 9, of the printed bill, delete " preserved or ".

     Which motion prevailed.

     The question being "Shall HB 1051 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

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

     The question being on the title.

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     Rep. Verchio moved that the title to HB 1051 be amended as follows:

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

     Which motion prevailed and the title was so amended.

     HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the South Dakota Retirement System, the South Dakota deferred compensation plan, and the South Dakota special pay retirement program.

     Was read the second time.


     The question being "Shall HB 1013 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

     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 1014: FOR AN ACT ENTITLED, An Act to revise certain restrictions on the purchase of certain credited service by members of the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall HB 1014 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

     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 regulate the practice of genetic counseling and to prohibit the practice of genetic counseling without a license.

     Was read the second time.

     The question being "Shall HB 1092 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

     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 1094: FOR AN ACT ENTITLED, An Act to require applicants for licensure as real estate brokers, broker associates, salespersons, property managers, residential rental agents, auctioneers, home inspectors, and timeshare agents and such licensees who are the subject of a disciplinary investigation to submit to a state and federal criminal background check.

     Was read the second time.

     The question being "Shall HB 1094 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

     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.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 2:53 p.m. the House adjourned.

Karen Gerdes, Chief Clerk