JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



TWENTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 17, 2009

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House pages Gina Mairose and Deitrich Thompson.

     Roll Call: All members present except Reps. Elliott, Kirkeby, Putnam, and Tidemann 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 twenty-second 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.
COMMUNICATIONS AND PETITIONS

February 13, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 12, 2009, I approved House Bills 1051, 1054, and 1056, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 13, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 13, 2009, I approved House Bills 1023, 1034, and 1047, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 40 and 69 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1227 and 1228 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1121, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1121ta

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

     "
     Section 1. That § 31-26-23 be amended to read as follows:

     31-26-23.   When any highway along, under, or over which such facilities have been constructed shall be changed, the permit holder shall, upon ninety days' notice in writing, remove or relocate such facilities at its own cost. If any highway or public entity infrastructure is constructed or changed within the public right-of-way, the public entity or its representative shall notify any affected utility that has electrical lines, communications lines, or pipelines and allow the affected utility to participate in a coordination meeting during the planning or design phase of the project, except as provided in this section. The coordination meeting shall allow the affected utility to review the project scope or design and understand goals and objectives of the proposed project. The meeting shall allow the public entity and affected utility to discuss options to minimize construction delays, limit the impact of the construction on utility facilities, and to minimize or eliminate costs associated with any utility removal or relocation. Such options may not cause the public entity to incur additional costs unless an agreement is reached to have the affected utility pay for the additional costs incurred by the public entity.

     If the public entity determines that coordination meetings will not be held due to the project scope and size, the public entity shall notify any affected utility and allow the affected utility thirty days to submit written comments on the project.

     After the development meetings or after the written comment period, the permit holder shall, upon ninety days notice in writing, remove or relocate the facilities at its own cost unless other arrangements have been mutually agreed upon. If winter weather conditions make removal or relocation impractical, the accrual of time within the ninety-day notification period shall be suspended until conditions make removal or relocation practical. If a utility's facility is discovered during construction that was not identified by the utility during the planning or design phase, the ninety-day notice is not required and the utility shall coordinate with the public entity to remove or relocate the facility as soon as practically possible for the project. "

1121oa
     On the printed bill, delete the previously adopted amendment (1121ta).

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

     "      Section 1. That § 31-26-23 be amended to read as follows:

     31-26-23.   When any highway along, under, or over which such facilities have been constructed shall be changed, the permit holder shall, upon ninety days' notice in writing, remove or relocate such facilities at its own cost. If any highway or public entity infrastructure is constructed or changed within the public right-of-way, the public entity or its representative shall notify any affected known utility that has electrical lines, communications lines, or pipelines and allow the affected utility to participate in a coordination meeting during the planning or design phase of the project, except as provided in this section. The meeting shall allow the public entity and affected known utility to discuss options to minimize construction delays, limit the impact of the construction on utility facilities, and to minimize or eliminate costs associated with any utility removal or relocation. No such option may cause the public entity to incur additional costs unless a written agreement is reached to have the affected utility pay for the additional costs incurred by the public entity.

     If the public entity determines that coordination meetings will not be held due to the project scope and size, the public entity shall notify any affected known utility and allow the affected utility thirty days to submit written comments on the project.

     After the coordination meetings or after the written comment period, the permit holder shall, upon ninety days notice in writing, remove or relocate the facilities at its own cost unless other arrangements have been mutually agreed upon in writing. If the public entity, in coordination with the utility, determines that winter weather conditions make removal or relocation impractical, the accrual of time within the ninety-day notification period shall be suspended until conditions make removal or relocation practical. If a utility's facility is discovered during construction that was not identified by the utility during the planning or design phase or during the written comment period if the public entity determines that a coordination meeting will not be held, the ninety-day notice is not required and the utility shall coordinate with the public entity to remove or relocate the facility as soon as practically possible for the project. "

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1193 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1009 and returns the same with the recommendation that said bill be amended as follows:

1009fa

     On page 1, line 9, of the printed bill, delete " thirty days a " and insert " thirty ninety days".

     On page 1, line 10, delete " reasonable time ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1276 and returns the same with the recommendation that said bill be amended as follows:

1276fb

     On page 1, line 9, of the printed bill, after " any " insert " person that has a ".

     On page 1, line 11, delete " shall " and insert " , but did not apply for a permit before January 1, 2009, may ".

     On page 1, line 11, after " 2009 " insert " , if the person agrees to the conditions established in section 2 of this Act ".

     On page 2, after line 1, insert:

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

     The person agrees to only receive seventy-five percent of the total refund or credit for the sales and use tax and contractors' excise tax that the person would otherwise qualify to receive pursuant to this chapter.

     Notwithstanding the provisions of §  10-45B-8, the secretary shall determine and pay five percent of the amount of the tax refund within ninety days of receipt of the return to the claimant in accordance with §§ 10-59-22 and 10-59-23, and ninety-five percent shall be withheld by the department until July 1, 2011. No interest shall be paid on the refund amount.".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1256 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan P. Olson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1063, 1095, 1100, and 1124 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HCR 1006 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Betty Olson moved that the House do not concur in Senate amendments to HB 1004 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Brunner, Betty Olson, and Lucas.

     HCR 1009  Introduced by:  Representatives Lange, Feickert, Schrempp, Thompson, and Vanderlinde and Senator Kloucek

         A CONCURRENT RESOLUTION,  Endorsing the federal Homeowners and Bank Protection Act.

     WHEREAS,  the failure of the leadership of the United States Congress to pass the Homeowner and Bank Protection Act of 2007 (HBPA) proposed by Lyndon LaRouche in his July 25, 2007, webcast, has transformed a dire situation from one that could have remained manageable through the autumn of 2007, into a breakdown crisis of not only the U.S. economy, but of the world economy; and

     WHEREAS,  the Congressional leadership instead chose a course of insulting treatment of state and local legislative and associated bodies within the states, who clamored for the Congress to enact the HBPA, as shown in the HBPA's passage by five state legislatures, and more than 150 city councils across the United States, in addition to hundreds of endorsements by trade union and other constituency leaders individually; and

     WHEREAS,  the repeated attempts approved by Congress to bail out financial institutions with cumulative trillions of taxpayers' and Federal Reserve money, have utterly failed; and

     WHEREAS,  forcing the leadership of the U.S. Congress into more responsible behavior on the HBPA now is perhaps the only chance to begin to move things in a direction which could lead to saving the United States of America itself from the deepest physical depression in its history:

     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 endorses and urges the passage of the federal Homeowners and Bank Protection Act of 2007, as initiated by economist Lyndon H. LaRouche, Jr. This Act includes the following provisions:

             (1)    Congress must establish a federal agency to place federal and state chartered banks under protection, freezing all existing home mortgages for a period of months or years necessary to adjust the values to fair prices, and restructure existing mortgages at appropriate interest rates. This action would also write off all of the speculative debt obligations of mortgage-backed securities, derivatives, and other forms of Ponzi schemes that have plunged the banking system into bankruptcy;

             (2)    During the transitional period, all foreclosures shall be frozen, allowing American families to retain their homes. Monthly payments, the equivalent of rental payments, shall be made to designated banks, which can use the funds as collateral for normal banking practices, thus recapitalizing the banking systems. These affordable monthly payments will be factored into new mortgages, reflecting the deflating of the housing bubble and the establishment of appropriate property valuations, and reduced fixed mortgage interest rates. This shakeout will take several years to achieve. In the interim period no homeowner would be evicted from his or her property, and the federal and state chartered banks would be protected, so they can resume their traditional functions, serving local communities, and facilitating credit for investment in productive industries, agriculture, infrastructure, and other economic activity;

             (3)    State governors would assume the administrative responsibilities for implementing the program, including the rental assessments to designated banks, with the federal government providing the necessary credits and guarantees to ensure the successful transition.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on HB 1241 as found on page 370 of the House Journal ; also

     Appropriations on HB 1033 as found on page 371 of the House Journal ; also

     Appropriations on HB 1048 as found on pages 371 and 372 of the House Journal ; also

     Appropriations on HB 1140 as found on page 372 of the House Journal ; also

     Appropriations on HB 1173 as found on page 372 of the House Journal ; also

     Appropriations on HB 1270 as found on pages 372 and 373 of the House Journal ; also

     Commerce on HB 1260 as found on pages 373 and 374 of the House Journal ; also

     Commerce on HB 1268 as found on page 374 of the House Journal ; also

     Judiciary on HB 1246 as found on pages 374 and 375 of the House Journal be adopted.

     Which motion prevailed.

     Rep. Hunt moved that the word NOT be stricken from the report of the Committee on Health and Human Services on HB 1179 as found on page 356 of the House Journal and that the bill be immediately considered.

     The question being on Rep. Hunt's motion that the word NOT be stricken from the report of the Committee on Health and Human Services on HB 1179 and that the bill be immediately considered.

     And the roll being called:

     Yeas 32, Nays 33, Excused 5, Absent 0

     Yeas:
Bolin; Brunner; Dennert; Engels; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hoffman; Hunt; Iron Cloud III; Jensen; Killer; Kopp; Krebs; Lederman; Noem; Novstrup (David); Olson (Betty); Russell; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Van Gerpen; Verchio; Wink

     Nays:
Blake; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Fargen; Gibson; Hamiel; Hunhoff (Bernie); Juhnke; Kirschman; Lange; Lucas; Lust; McLaughlin; Moser; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Solum; Turbiville; Vanderlinde; Vanneman; Wismer; Speaker Rave

     Excused:
Elliott; Kirkeby; Nygaard; Putnam; Tidemann

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1212: FOR AN ACT ENTITLED, An Act to revise certain requirements of written contract documents for public improvements.

     Was read the second time.

     The question being "Shall HB 1212 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Elliott; Kirkeby; Nygaard; Putnam; Tidemann

     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 1243: FOR AN ACT ENTITLED, An Act to modify the requirements regarding the ownership and use of local government endowment funds.

     Was read the second time.

     The question being "Shall HB 1243 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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 1265: FOR AN ACT ENTITLED, An Act to allow sellers to receive attorney fees in actions involving the disclosure statement required for certain real estate transfers.

     Was read the second time.

     The question being "Shall HB 1265 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

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


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Rep. Faehn moved that HB 1224 be placed to follow HB 1201 and HB 1101 be placed to follow HB 1278 on today's calendar.

     Which motion prevailed.

     HB 1239: FOR AN ACT ENTITLED, An Act to create the South Dakota Boxing Commission and to provide for the supervision of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions in the state.

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

1239ra

     Rep. Schrempp moved that HB 1239 be amended as follows:

     On page 2, line 9, of the House State Affairs Committee engrossed bill, delete "one" and insert "three".

     The Speaker, being in doubt of the voice vote, called for a division of the House.

     Rep. Schrempp's motion prevailed.

     Rep. Bernie Hunhoff moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1239 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 20, Excused 4, Absent 0

     Yeas:
Blake; Brunner; Burg; Carson; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; Moser; Nygaard; Olson (Betty); Olson (Ryan); Pitts; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Turbiville; Vanderlinde; Verchio; Wink; Wismer

     Nays:
Bolin; Boomgarden; Cronin; Curd; Cutler; Deadrick; Dreyer; Gosch; Greenfield; Hoffman; Jensen; McLaughlin; Noem; Novstrup (David); Peters; Rausch; Solum; Van Gerpen; Vanneman; Speaker Rave

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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. Lucas announced his intention to reconsider the vote by which HB 1239 lost.

     HB 1207: 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 second time.

     The question being "Shall HB 1207 pass?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Van Gerpen; Verchio

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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 1181: FOR AN ACT ENTITLED, An Act to establish a veterinary education loan repayment program for veterinarians who fulfill certain requirements.

     Was read the second time.

     The question being "Shall HB 1181 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 15, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Noem; Nygaard; Olson (Betty); Romkema; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Cronin; Curd; Cutler; Gosch; Lederman; Moser; Novstrup (David); Olson (Ryan); Peters; Pitts; Rausch; Rounds; Russell; Turbiville; Verchio

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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 1163: FOR AN ACT ENTITLED, An Act to excuse certain elderly persons from jury duty upon request and to revise certain provisions relating to the minimum age for jury service.

     Was read the second time.

     The question being "Shall HB 1163 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 11, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pitts; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Speaker Rave


     Nays:
Cronin; Curd; Dreyer; Greenfield; Lucas; Lust; Novstrup (David); Peters; Rausch; Turbiville; Wismer

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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 1219: FOR AN ACT ENTITLED, An Act to allow a filing entity or qualified foreign entity to file a short form in lieu of an annual report under certain conditions.

     Was read the second time.

     The question being "Shall HB 1219 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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 1202: 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 second time.

1202jb

     Rep. Curd moved that HB 1202 be amended as follows:

     On page 4, after line 9 of the printed bill, insert:

"
     Section 2. That chapter 32-12A be amended by adding thereto a NEW SECTION to read as follows:

     Any person who holds a waiver pursuant to section 1 of this Act shall, after one year of holding the waiver, undergo a physical examination and submit to the employer a signed statement from a physician, physician assistant, or nurse practitioner that the person has completed a physical examination.

    Section 3. That chapter 32-12A be amended by adding thereto a NEW SECTION to read as follows:

     No person who holds a waiver pursuant to section 1 of this Act may operate a school bus with students present unless the person checks his or her blood glucose level no more than thirty minutes before operating the bus. If the person operates a bus for a continuous duration that exceeds eighty-nine minutes, the person shall check his or her blood glucose level each hour and record the information. The person shall submit the information to the employer each day.".

     Which motion prevailed.

     The question being "Shall HB 1202 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 11, Excused 4, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirschman; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Dennert; Engels; Fargen; Gibson; Killer; Lange; Lucas; Schrempp; Solberg; Vanderlinde

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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 1167: 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 second time.

     The question being "Shall HB 1167 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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 1278: FOR AN ACT ENTITLED, An Act to clarify certain statutes prohibiting political subdivisions from restricting firearms.

     Was read the second time.

1278tc

     Rep. Rausch moved that HB 1278 be amended as follows:

     On page 1 of the printed bill, delete lines 4 to 14, inclusive, and insert:

"      Section 1. That § 8-5-13 be amended to read as follows:

     8-5-13.   No township may pass any ordinance that restricts Except on property owned or leased by the township, other than public highways as defined in § § 31-1-1 and 31-1-4, no township may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the township shall post signs sufficient to notify the public of the restriction.

     Section 2. That § 7-18A-36 be amended to read as follows:

     7-18A-36.   No county may pass any ordinance that restricts Except on property owned or leased by the county, other than public highways as defined in § § 31-1-1 and 31-1-4, no county may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the county shall post signs sufficient to notify the public of the restriction.

     Section 3. That § 9-19-20 be amended to read as follows:

     9-19-20.   No municipality may pass any ordinance that restricts Except on property owned or leased by the municipality, other than public highways as defined in § § 31-1-1 and 31-1-4, no municipality may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the municipality shall post signs sufficient to notify the public of the restriction. ".


     On page 2, delete lines 1 to 4, inclusive.

     A roll call vote was requested and supported.

     The question being on Rep. Rausch's motion that HB 1278 be amended.

     And the roll being called:

     Yeas 23, Nays 43, Excused 4, Absent 0

     Yeas:
Blake; Burg; Curd; Cutler; Dennert; Dreyer; Engels; Fargen; Gibson; Hunhoff (Bernie); Killer; Lucas; McLaughlin; Novstrup (David); Peters; Rausch; Solberg; Sorenson; Street; Thompson; Van Gerpen; Vanderlinde; Wismer

     Nays:
Bolin; Boomgarden; Brunner; Carson; Cronin; Deadrick; Faehn; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pitts; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solum; Steele; Turbiville; Vanneman; Verchio; Wink; Speaker Rave


     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     The question being "Shall HB 1278 pass?"

     And the roll being called:

     Yeas 46, Nays 20, Excused 4, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Sorenson; Steele; Turbiville; Vanneman; Verchio; Wink; Speaker Rave

     Nays:
Blake; Burg; Dennert; Engels; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Killer; Lucas; Pitts; Rausch; Solberg; Solum; Street; Thompson; Van Gerpen; Vanderlinde; Wismer

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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 1101: FOR AN ACT ENTITLED, An Act to allow affidavits for change of judge in habeas corpus actions.

     Was read the second time.

     The question being "Shall HB 1101 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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 1255: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the telecommunications gross receipts tax.

     Was read the second time.

     The question being "Shall HB 1255 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Elliott; Kirkeby; Putnam; Tidemann

     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.

     Rep. Faehn moved that the balance of the calendar including HB 1281, 1234, 1025, 1031, 1200, 1201, and 1224 and SB 1 and 51 be deferred to Wednesday, February 18th, the 24th legislative day.

     Which motion prevailed.


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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1263 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1253 and returns the same with the recommendation that said bill be amended as follows:

1253fa

     On page 1, line 7, of the printed bill, after "fund" insert " , including the cost to administer the program, ".

    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 1275 and returns the same with the recommendation that said bill be amended as follows:

1275fa

     On page 2, line 2, of the printed bill, after "." insert " For purposes of this section, an electronic bingo device does not include any device which may be activated for play by a player inserting coins, tokens, tickets, vouchers, or similar objects of value or which is capable of dispensing coins, tokens, vouchers, tickets, or any similar object of value. ".

    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 1189, 1244, 1277, and 1296 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Val Rausch, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Howie, Rhoden, and Ahlers as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1004.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1001, 1066, 1114, 1115, 1116, and 1133 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., February 17, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1063, 1095, 1100, and 1124 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1063: FOR AN ACT ENTITLED, An Act to  revise certain brand registration provisions concerning out-of-state brands on cattle sold in the livestock inspection area.

     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.

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

     HB 1124: FOR AN ACT ENTITLED, An Act to  prohibit improper influence regarding real estate appraisals.

     And signed the same in the presence of the House.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:58 p.m. the House adjourned.

Karen Gerdes, Chief Clerk