84
th Legislative Session _ 2009
98ja
On page 1, line 10, of the printed bill, delete "
five thousand dollars as
" and insert "
five
eight
thousand dollars
as
".
On page 1, line 11, before "
forty
" insert "
or
".
On page 1, line 14, after "
deductions
" insert "
, whichever is less
".
On page 2, line 16, delete "
five thousand
" and insert "
five
eight
thousand".
On page 2, line 17, delete "
dollars
" insert "dollars
or
".
On page 2, line 19, after "
deductions
" insert "
, whichever is less
".
On page 2, line 22, delete "
five thousand dollars
" and insert "
five
eight
thousand dollars
or
".
On page 2, line 24, after "
Guide
" insert "
, whichever is less
".
On page 3, line 7, delete "
five thousand dollars
" and insert "
five
eight
thousand dollars
or
".
On page 3, line 9, after "
32-3-51.8
" insert "
, whichever is less
".
98ota
On page 1, line 1, of the printed bill, delete "increase" and insert "revise".
Moved by: Gant
Second by: Nesselhuf
Action: Prevailed by voice vote.
HB 1124: prohibit improper influence regarding real estate appraisals.
Presented by: Craig Steinley, Professional Appraisers Association
Proponents: David Wiest, Department of Revenue and Regulation
James Dunlap, SD Chapter ASFMRA
Bret Afdahl, SD Division of Banking
MOTION:
DO PASS HB 1124
Moved by: Gant
Second by: Merchant
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
Excused: Adelstein
MOTION:
PLACE HB 1124 ON CONSENT CALENDAR
Moved by: Turbak Berry
Second by: Gant
Action: Prevailed by voice vote.
HB 1094: 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.
Presented by: Senator Tom Hansen
Proponents: Dean Krogman, SD Association of Realtors
Charlie Larkin, SD Real Estate Commission
MOTION:
DO PASS HB 1094
Moved by: Nesselhuf
Second by: Gant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
MOTION:
PLACE HB 1094 ON CONSENT CALENDAR
Moved by: Nesselhuf
Second by: Gant
Action: Prevailed by voice vote.
HB 1095: include the improper influence of a real estate appraisal by a real estate
licensee to the acts constituting unprofessional conduct.
Presented by: Senator Tom Hansen
Proponents: Dean Krogman, SD Association of Realtors
Charlie Larkin, SD Real Estate Commission
Craig Steinley, Professional Appraisers Association
James Dunlap, SD Chapter ASFMRA
MOTION:
DO PASS HB 1095
Moved by: Gant
Second by: Nesselhuf
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
Excused: Adelstein
MOTION:
PLACE HB 1095 ON CONSENT CALENDAR
Moved by: Gant
Second by: Nesselhuf
Action: Prevailed by voice vote.
HB 1058: revise certain practice privileges for certified public accountants licensed
in other states.
Presented by: Nicole Kasin, Board of Accountancy
Proponents: Laura Coome, SD CPA Society
MOTION:
DO PASS HB 1058
Moved by: Gant
Second by: Merchant
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1058
1058ja
On page 18, line 1, of the printed bill, delete "
the state where
".
On page 18, line 2, delete "
is licensed
".
Moved by: Nesselhuf
Second by: Gant
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1058 AS AMENDED
Moved by: Merchant
Second by: Nelson
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
Excused: Adelstein
MOTION:
PLACE HB 1058 ON CONSENT CALENDAR
Moved by: Nesselhuf
Second by: Merchant
Action: Prevailed by voice vote.
HB 1100: revise where business records of insurance producers may be maintained.
Presented by: Senator Margaret Gillespie
Proponents: Craig Matson, State Farm Insurance
Dennis Duncan, Allstate Insurance
MOTION:
DO PASS HB 1100
Moved by: Gant
Second by: Merchant
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
Excused: Adelstein
MOTION:
PLACE HB 1100 ON CONSENT CALENDAR
Moved by: Gant
Second by: Merchant
Action: Prevailed by voice vote.
SB 178: revise certain provisions regarding liens on real property.
See previous testimony of Thursday, February 5, 2009
Presented by: Senator Jason Gant
Proponents: Dwight Neuharth, SD Home Builders Association
MOTION:
AMEND SB 178
178ra
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter
44-9
be amended by adding thereto a NEW SECTION to read as
follows:
No person may file, register, or record any lien or liens pursuant to this chapter if the amount
claimed in the lien or liens exceeds, singularly or in aggregate, the value of the labor, services, and
material to which the person is lawfully entitled. Any person who knowingly violates the provisions
of this section is guilty of offering a counterfeit lien for filing, registering, or recording and is
punishable as prescribed in
§
22-11-28."
Moved by: Turbak Berry
Second by: Merchant
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 178 AS AMENDED
Moved by: Turbak Berry
Second by: Merchant
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
Excused: Adelstein
SB 179: require title insurers to offer coverage for liens filed after certain purchases
of real property.
Presented by: Senator Jason Gant
MOTION:
TO TABLE SB 179
Moved by: Nesselhuf
Second by: Merchant
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
Excused: Adelstein
MOTION:
ADJOURN
Moved by: Nesselhuf
Second by: Merchant
Action: Prevailed by voice vote.
Lois Henry
____________________________
Committee SecretaryRussell Olson, Chair