Senate Journal 02/02/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

SIXTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 2, 2005

The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by Senate page Kelly Lueck.

Roll Call: All members present except Sen. Duniphan who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fifteenth 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,

Lee Schoenbeck, Chair

Which motion prevailed and the report was adopted.

HONORED GUESTS

The President introduced the 2003-2004 Outstanding School Aministrators of South Dakota: Mark Froke, Vermillion; Janet Karel, McCook Central/Salem; Betty Ann Bringman, Eagle Butte; Dan Leikvold, Spearfish; Suzanne Hegg, Sioux Valley/Volga; Peggy Blair, Aberdeen; and Dean Lindstrom, SE Area Coop-Beresford.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Tonnis H. Venhuizen of Douglas County, Armour, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive reappointment of Tonnis H. Venhuizen pursuant to the executive message as found on page 177 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Apa; Duniphan; Kloucek

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Kelly J. Duncan of Union County, Dakota Dunes, South Dakota, to the South Dakota Board of Education.

The question being "Does the Senate advise and consent to the executive reappointment of Kelly J. Duncan pursuant to the executive message as found on page 177 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Abdallah; Apa; Duniphan

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Terry Baloun of Faulk County, Highmore, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive appointment of Terry Baloun pursuant to the executive message as found on page 175 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Duniphan

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Dennis Yeaton of Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Dennis Yeaton pursuant to the executive message as found on page 178 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Abdallah; Duniphan

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of George Nikolas of Brown County, Aberdeen, South Dakota, to the South Dakota Railroad Authority.

The question being "Does the Senate advise and consent to the executive reappointment of George Nikolas pursuant to the executive message as found on page 179 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Duniphan; Lintz

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Jerry Prostrollo of Lake County, Madison, South Dakota, to the South Dakota Railroad Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Jerry Prostrollo pursuant to the executive message as found on page 179 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Duniphan; Kloucek

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

COMMUNICATIONS AND PETITIONS

February 2, 2005

Mr. President and Members of the Senate:

I have the honor to inform you that I have approved Senate Bills 1, 7, 9, 10, 14, 18, 19, 20, 21, 22, 30, 31, 32, 33, 44, 47, 49, 62, and 63, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dick Werner of Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Kory Menken of Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Tom Graham of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of D. J. Mertens of Jones County, Murdo, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 174 and tabled the same.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 173 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 155 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1002 and returns the same with the recommendation that said bill be amended as follows:

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On page 3, after line 3 of the House engrossed bill, insert:

"Section 3. That § 10-13-39 be amended to read as follows:

10-13-39. Each owner-occupied single-family dwelling in this state is specifically classified for the purpose of taxation. For the purposes of this section, an owner-occupied single-family dwelling is a house, condominium apartment, residential housing consisting of four or less family units, town house, town home, housing cooperatives where membership in the cooperative is strictly limited to stockholder occupants of the building, dwelling as classified in § 10-13-39.1, and manufactured or mobile home as defined in § 32-3-1, which is assessed and taxed as a separate unit, including an attached or unattached garage and the parcel of land upon which the structure is situated as recorded in the records of the director of equalization. A person may only have one dwelling , which is the person's principal place of residence as defined in § 12-1-4, classified as an owner-occupied single-family dwelling. If the owner occupies fifty percent or more of the living space within the dwelling, the entire dwelling is classified as an owner-occupied single- family dwelling. If the owner occupies a duplex, triplex, or fourplex, or less than fifty percent of the living space within the dwelling, the portion of the dwelling so occupied shall be classified as an owner-occupied single-family dwelling.

Section 4. That § 10-13-39.1 be amended to read as follows:

10-13-39.1. Any person may request the director of equalization before August first to specifically classify certain property for the purpose of taxation if a portion of any property, building, or structure is occupied by the owner. If the director of equalization determines that such portion is occupied by the owner and meets the requirements of § 10-13-39 , the director of equalization shall assess as a separate unit the portion of the property, building, or structure occupied and it shall be specifically classified for the purpose of taxation. An aggrieved person may appeal the decision of the director pursuant to chapter 1-26D. The director shall act upon the request within thirty days of the date of the request. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 127 and HB 1036 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 115 and 169 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 100 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 146 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 25 and returns the same with the recommendation that said bill be amended as follows:

25ra

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

"Section 1. That § 1-14-3.1 be amended to read as follows:

1-14-3.1. There is established in the state treasury the extraordinary litigation fund. The fund shall be maintained separately and administered by the Bureau of Administration. The fund may be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, or other ~~extraordinary~~ litigation expenses not otherwise eligible to be paid under § 3-22-1. Unexpended money and any interest that may be credited to the fund shall remain in the fund. The extraordinary litigation fund is hereby continuously appropriated and shall be budgeted through the informational budget process. The creation and funding of this fund does not constitute a waiver of the state's sovereign immunity. "

25rta

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise the purposes for which the extraordinary litigation fund may be used."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 123 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 9 of the printed bill, after " law " insert ", whether oral or written,".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 93 and returns the same with the recommendation that said bill be amended as follows:

93ja

On page 2, line 5 of the printed bill, delete " who is not a resident of this state and who, " .

On page 6 , line 17, delete " subdivision (1) of this section " and insert "section 9 of this Act".

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 94 and returns the same with the recommendation that said bill be amended as follows:

94ra

On page 7, after line 19 of the printed bill, insert:

"Section 10. That § 51A-6A-44 be amended to read as follows:

51A-6A-44. When the director takes charge of any trust company, the director shall ascertain its actual condition as soon as possible by making a thorough investigation into its affairs and condition. If the director is satisfied that the trust company cannot resume business or liquidate its indebtedness to the satisfaction of its creditors, the director shall appoint a receiver and require the receiver to give such bond as the director considers proper. The director also shall fix reasonable compensation for the receiver, but the compensation for the receiver is subject to the approval of the circuit court of the county in which the trust company is located upon the application of any party in interest.

Any receiver ~~shall be a resident of the state and~~ shall have had at least five years of experience with financial institutions. However, upon written application made within thirty days after the findings of insolvency, the director shall appoint as receiver any person whom the holders of more than sixty percent of the claims against the trust company agree upon in writing. The creditors may also agree upon the compensation and charges to be paid the receiver. Any receiver so appointed shall make a complete report to the director covering the receiver's acts and proceedings as a receiver. The director may remove for cause any receiver and appoint the receiver's successor.

Section 11. That chapter 51-6A be amended by adding thereto a NEW SECTION to read as follows:

No receiver, appointed pursuant to § 51A-6A-44, is liable to any person for good faith compliance with any law, statute, rule, or judgment, decree, or order of a court. Nor is any receiver liable to any person for any action taken or omitted unless a court finds that the receiver acted or failed to act as a result of misfeasance, bad faith, gross negligence, or reckless disregard of duty.

Section 12. That § 51A-6A-1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

"Out-of-state trust institution," a nondepository corporation, limited liability company, or other similar entity chartered or licensed by the banking regulatory agency of a state, territory, or district, other than South Dakota, to engage in the trust company business in that state, territory, or district under the primary supervision of such regulator.

Section 13. That subdivision (15) of § 51A-6A-1 be amended to read as follows:

(15) "Trust service office," any office, agency, or other place of business ~~located within this state~~ at which the powers granted to trust companies are exercised either by a trust company other than the place of business specified in ~~the~~ a trust company's certificate of authority ~~, at which the powers granted to trust companies are exercised~~ or within this state by an out-of-state trust institution . A trust service office does not include a trust service desk, as established in § 51A-6A-55.

Section 14. That § 51A-6A-58 be amended to read as follows:

51A-6A-58. After first applying for and obtaining the approval of the commission, one or more trust service offices may be established and operated ~~anywhere within this state~~ by a trust company incorporated under the laws of this state or by an out-of-state trust institution, if and to the extent that the state, territory, or district in which the out-of-state trust institution is chartered or licensed to engage in a trust company business grants authority for a trust company organized and doing business under the laws of this state to establish an office in that state, territory, or district . An application to establish and operate a trust service office or to relocate an existing trust service office shall be in the form and contain the information as the director shall require. The application shall include an affidavit of publication of notice that applicant trust company or out-of-state institution intends to file an application to establish a trust service office or relocate an existing trust service office. This notice shall be published in a newspaper of general circulation in the county where the applicant trust company or out-of-state institution proposes to locate the trust service office. The notice shall be in the form prescribed by the commission and at a minimum shall contain the name and address of the applicant trust company or out-of-state institution , the location of the proposed trust service office, a solicitation for written comments concerning the proposed trust service office to be submitted to the commission, and provide for a comment period of not less than ten days prior to the commission's final consideration of the application.

A trust company may establish a trust service office in another state, territory, or district and may conduct any activities at that office that are permissible for a trust company under the laws of that state, territory, or district subject to the laws of this state and subject to the rules, orders, or declaratory rules of the commission or the director. However, a trust company need not comply with the publication requirements of this section if opening a trust service office in another state, territory, or district. "

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 133 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 8, 16, and 54 were delivered to his Excellency, the Governor, for his approval at 8:35 a.m., February 2, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 59 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1052, 1054, 1066, 1080, 1089, and 1133 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that the Senate do not concur in House amendments to SB 13 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Knudson, McCracken, and Dan Sutton.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Bogue moved that the reports of the Standing Committees on

Transportation on SB 92 as found on page 267 of the Senate Journal ; also

Commerce on SB 104 as found on page 282 of the Senate Journal ; also

Education on SB 106 as found on page 265 of the Senate Journal ; also

Agriculture and Natural Resources on SB 117 as found on page 283 of the Senate Journal ; also

Commerce on SB 124 as found on page 283 of the Senate Journal ; also

Commerce on SB 139 as found on page 282 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 220 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Governor

FOR AN ACT ENTITLED, An Act to establish the South Dakota Certified beef program.

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

SB 221 Introduced by: The Committee on Health and Human Services at the request of the Governor

FOR AN ACT ENTITLED, An Act to establish certain restrictions regarding the sale and purchase of products containing pseudoephedrine or ephedrine and to provide penalties for violation thereof.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Bogue requested that SB 99 be removed from the Consent Calendar.

HB 1023: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the required labeling of motor vehicle window film or glaze.

Was read the second time.

The question being "Shall HB 1023 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; Duniphan

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 2: FOR AN ACT ENTITLED, An Act to revise the procedure for assessing certain agricultural property.

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

The question being "Shall SB 2 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Earley; Knudson; Kooistra; Napoli

Excused:
Duniphan

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

SB 3: FOR AN ACT ENTITLED, An Act to permit written statements to be filed concerning the leasing of agricultural land and to provide for the confidentiality and usage of such information.

Was read the second time.

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Sen. McNenny moved that SB 3 be further amended as follows:

On page 1, line 13 of the Senate Taxation Committee engrossed bill, after "noncropland;" insert "and".

On page 1 , line 14, delete everything after "(5)".

On page 2 , line 1, delete "(6)".

On page 2 , line 1, delete "; and" and insert ".".

On page 2 , delete lines 2 and 3.

Which motion prevailed.

The question being "Shall SB 3 pass as amended?"

And the roll being called:

Yeas 14, Nays 19, Excused 2, Absent 0

Yeas:
Bartling; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Lintz; McNenny; Moore; Nesselhuf; Peterson (Jim); Smidt; Sutton (Dan); Two Bulls

Nays:
Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; McCracken; Napoli; Olson (Ed); Schoenbeck; Sutton (Duane)

Excused:
Abdallah; Duniphan

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

SB 34: FOR AN ACT ENTITLED, An Act to make an additional appropriation to construct a thermophilic anaerobic manure digestion system for the South Dakota Agricultural Experiment Station and to declare an emergency.

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

Sen. Bogue moved that SB 34 be deferred to Monday, February 7, the 20^th legislative day.

Which motion prevailed.

President Pro tempore Schoenbeck now presiding.

SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding access to vital records.

Was read the second time.

The question being "Shall SB 41 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Hundstad

Excused:
Duniphan

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

SB 73: FOR AN ACT ENTITLED, An Act to revise the power of rural fire protection districts to contract with certain entities.

Was read the second time.

The question being "Shall SB 73 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Duniphan; Nesselhuf; Olson (Ed)

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

SB 95: FOR AN ACT ENTITLED, An Act to authorize account wagering and multi- jurisdictional simulcasting and interactive wagering totalizator hubs and to revise certain provisions regarding pari-mutuel racing.

Was read the second time.

The question being "Shall SB 95 pass as amended?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Earley; Kelly; Knudson; Kooistra; Smidt

Excused:
Duniphan

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

The President now presiding.

SB 103: FOR AN ACT ENTITLED, An Act to authorize the funding of public transportation from the state highway fund.

Was read the second time.

Sen. Broderick moved that SB 103 be deferred to Thursday, February 3, the 17^th legislative day.

Which motion prevailed.

SB 111: FOR AN ACT ENTITLED, An Act to provide for the effective date of municipal and county administrative decisions.

Was read the second time.

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Sen. Dempster moved that SB 111 be further amended as follows:

On page 2 of the Senate Local Government Committee engrossed bill, delete lines 9 to 19 , inclusive.

Which motion prevailed.

The question being "Shall SB 111 pass as amended?"

And the roll being called:

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Earley; Gray; Hansen (Tom); Knudson; Lintz; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

Nays:
Apa; Bartling; Gant; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Kooistra; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

Excused:
Duniphan

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

SB 116: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the Richard Hagen-Minerva Harvey Scholarship Program.

Was read the second time.

The question being "Shall SB 116 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Duniphan

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

SB 122: FOR AN ACT ENTITLED, An Act to restrict the entry of conservation officers onto certain private land without permission.

Was read the second time.

The question being "Shall SB 122 pass?"

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Duenwald; Gant; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koskan; Lintz; McNenny; Moore; Napoli; Olson (Ed); Sutton (Dan); Two Bulls

Nays:
Abdallah; Broderick; Dempster; Earley; Gray; Kelly; Knudson; Koetzle; Kooistra; McCracken; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Duane)

Excused:
Duniphan

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

Sen. Bogue moved that SB 126, 131, 136, and 172 be deferred to Thursday, February 3, the 17^th legislative day.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1052: FOR AN ACT ENTITLED, An Act to revise the appropriation for the design and construction of certain correctional facilities and to declare an emergency.

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

HB 1054: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2005.

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

HB 1080: FOR AN ACT ENTITLED, An Act to provide for notification to the petitioner when an ex parte protection order is served.

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

HB 1089: FOR AN ACT ENTITLED, An Act to to provide for licensure and regulation of massage therapists and to provide funding from licensure fees.

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

HB 1133: FOR AN ACT ENTITLED, An Act to authorize additional persons to serve mental illness commitment papers.

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

HB 1066: FOR AN ACT ENTITLED, An Act to increase the amount of money authorized to contract for the construction of a law enforcement training academy, a criminal forensic laboratory, and a criminal justice and emergency operations center building, to remove the effective date for bonding, to increase the bonding authority, and to declare an emergency.

Was read the first time.

Sen. Apa moved that the rules be suspended for the sole purpose of waiving the committee referral of HB 1066 and placing HB 1066 on the calendar of Thursday, February 3, the 17^th legislative day.

The question being on Sen. Apa's motion that the rules be suspended for the sole purpose of waiving the committee referral of HB 1066 and placing HB 1066 on the calendar of Thursday, February 3, the 17^th legislative day.

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Koetzle

Excused:
Abdallah; Duniphan; Nesselhuf

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that HB 1033 and 1040 be deferred to Thursday, February 3, the 17^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

HB 1019: FOR AN ACT ENTITLED, An Act to make firefighters from nonprofit corporate rural fire departments eligible for state workers compensation when working for the Department of Agriculture.

HB 1030: FOR AN ACT ENTITLED, An Act to refine the definition of a critical access hospital.

HB 1031: FOR AN ACT ENTITLED, An Act to authorize the establishment of a delayed marriage record.

HB 1032: FOR AN ACT ENTITLED, An Act to revise cancer reporting requirements.

HB 1039: FOR AN ACT ENTITLED, An Act to prohibit insurance producers from influencing witnesses.

HB 1070: FOR AN ACT ENTITLED, An Act to provide for the arrest and detention of certain probationers believed to be in violation of their probation conditions by court service officers or law enforcement officers.

And signed the same in the presence of the Senate.

Sen. Duenwald moved that the Senate do now adjourn, which motion prevailed and at 4:27 p.m. the Senate adjourned.

Patricia Adam, Secretary