Senate Journal 02/11/2005 1:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 11, 2005

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Father Tom Cool, followed by the Pledge of Allegiance led by Senate page Seth Pearman.

Roll Call: All members present except Sens. Duenwald and Gant who were 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 twenty-third 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.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Knudson moved that the report of the Conference Committee on SB 13 as found on page 427 of the Senate Journal be adopted.

The question being on Sen. Knudson's motion that the report of the Conference Committee on SB 13 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; Earley; 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:
Duenwald; Gant

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

COMMUNICATIONS AND PETITIONS

February 10, 2005

Mr. President and Members of the Senate:

I have the honor to inform you that on February 10, 2005, I approved Senate Bills 57, 74, and 92, 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. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 164 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 220 and returns the same with the recommendation that said bill be amended as follows:

220oa

On page 2, line 8 of the printed bill, after " program " insert ", such fees to be reasonably commensurate with the cost of developing, administering, and marketing the program".

On page 2 , delete lines 9 to 11 , inclusive, and insert:

"(3) License application procedures, the terms and conditions of any license, and any official form the secretary deems necessary and appropriate;".

On page 2 , after line 15, insert:

"Section 7. In addition to any other remedy provided by law, the secretary may proceed by suit in any court of competent jurisdiction to enforce the terms and provisions of this Act and of any license issued pursuant to this Act. The secretary may as a part of any such suit seek injunctive relief.

Section 8. In addition to any other remedy provided by law, the secretary may revoke a license for cause pursuant to chapter 1-26.

Section 9. The secretary of agriculture and the secretary of tourism and state development shall consult and cooperate, and shall exchange such services, personnel, and information as are necessary and appropriate in order to develop, administer, and market the South Dakota Certified beef program.

Section 10. There is hereby created within the state treasury the South Dakota Certified beef fund, into which all license fees, inspection fees, and other fees or revenues paid to the state from the operation of the South Dakota Certified beef program shall be deposited. All moneys in the fund created by this section are continuously appropriated for the purpose of developing, administering, and marketing the South Dakota Certified beef program."

220ta

On page 2, after line 15 of the printed bill, insert:

"Section 11. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

220ota

On page 1, line 1 of the printed bill, after " program " insert ", to create the South Dakota Certified beef fund, to make a continuous appropriation from the fund, and to declare an emergency".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 148 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Clarence Kooistra, Vice-Chair

Also MR. PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1013, 1014, 1015, 1016, and 1017 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Brock L. Greenfield, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 214 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 SB 107 and returns the same with the recommendation that said bill be amended as follows:

107ca

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

"Section 1. That § 10-50 -1 be amended by adding thereto eight NEW SUBDIVISIONS to read as follows:

"Adult," any person who is at least the legal minimum purchase age;

"Consumer," any individual who is not a retailer or a licensed distributor or wholesaler pursuant to § 10-50-9;

"Delivery sale," any sale of cigarettes to a consumer in the state where:

(a) The purchaser submits the order for the sale by means of a telephonic or other method of voice transmission, the mail or any other delivery service, or the internet or other online service; or

(b) The cigarettes are delivered by use of the mail or delivery service. A sale of cigarettes shall be a delivery sale regardless of whether the seller is located within or without the state;

"Delivery service," any person engaged in the commercial delivery of letters, packages, or other containers;

"Legal minimum purchase age," the minimum age at which an individual may legally purchase cigarettes in this state pursuant to § 34-46-2;

"Mail," or "mailing," the shipment of cigarettes through the United States Postal Office;

"Shipping container," any container in which cigarettes are shipped in connection with a delivery sale;

"Shipping document," any bill of lading, airbill, or any other document used to provide evidence of the undertaking by a delivery service to deliver a letter, package, or other container.

Section 2. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

No person may make a delivery sale of cigarettes to any individual who is under the legal minimum purchase age in the state.

Any person accepting a purchase order for a delivery sale shall comply with:

(1) The age verification requirements provided in section 3 of this Act;

(2) The disclosure requirements provided in section 4 of this Act;

(3) The shipping requirements provided in section 5 of this Act;

(4) The registration and reporting requirements provided in section 6 of this Act; and

(5) All other statutes of the state generally applicable to sales of cigarettes that occur entirely within the state, and any law imposing an excise tax, sales tax, license, revenue-stamping requirement, and escrow payment obligation as provided in chapter 10-50B.

Section 3. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

No person may mail, ship, or otherwise deliver cigarettes in connection with a delivery sale unless prior to the first delivery sale to the consumer:

(1) The person obtains from the consumer a statement signed by the consumer in writing that certifies the consumer's address and that the consumer is at least eighteen years of age. The statement shall also confirm that the consumer understands that signing another person's name to the certification is illegal, the sale of cigarettes to any individual under the legal minimum purchase age is illegal, the purchase of cigarettes by any individual under the legal minimum purchase age is illegal, and that the consumer wants to receive a mailing from a tobacco company;

(2) The person makes a good faith effort to verify the information contained in the certification provided by the consumer pursuant to subdivision (1) against a commercially available database, or obtains a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order;

(3) The person provides to the consumer, via e-mail or other means, a notice that meets the requirements of section 4 of this Act; and

(4) If an order for cigarettes is made pursuant to an advertisement on the internet or other advertising medium, the person receives payment for the delivery sale from the prospective consumer by a credit or debit card that has been issued in the consumer's name, or by check.

Any person accepting a purchase order for a delivery sale may request that the prospective consumer provide an e-mail address.

Section 4. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

The notice required under section 3 of this Act shall include a prominent and clearly legible statement that:

(1) Cigarette sales to consumers below the legal minimum purchase age are illegal;

(2) Consists of one of the warnings set forth in section 4(a)(1) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. § 1333(a)(1)) as of January 1, 2005, rotated on a quarterly basis;

(3) Sales of cigarettes are restricted to those consumers who provide verifiable proof of age in accordance with section 3 of this Act; and

(4) Cigarette sales are subject to tax under § 10-50-3, and an explanation of how the tax has been or will be paid with respect to the delivery sale.

Section 5. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

Any person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale shall:

(1) Include as part of the bill of lading or other shipping documents a clear and conspicuous statement as follows: "Cigarettes: South Dakota Law Prohibits Shipping to Individuals Under 18, and Requires the Payment of all Applicable Taxes"; and

(2) Use a method of mailing, shipping, or delivery that obligates the delivery service to require the consumer placing the purchase order for the delivery sale, or another adult of legal minimum purchase age residing at the consumer's address, to sign to accept delivery of the shipping container, and provide proof in the form of a valid government-issued identification bearing a photograph of the individual who signs to accept delivery of the shipping container. The person accepting delivery shall be the addressee or another adult of legal minimum purchase age residing at the consumer's address.

If the person accepting a purchase order for a delivery sale delivers the cigarettes without using a delivery service, the person shall comply with each requirement of sections 2 to 7, inclusive, of this Act applicable to a delivery service. The person is in violation of the provisions of sections 2 to 7, inclusive, of this Act if the person fails to comply with any such requirement.

Section 6. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

Prior to making a delivery sale or mailing, shipping, or otherwise delivering cigarettes in connection with any delivery sale, each person shall file with the department a statement providing the person's name, trade name, and the address of the person's principal place of business and any other place of business.

Not later than the tenth day of each calendar month, each person that has made a delivery sale or mailed, shipped, or otherwise delivered cigarettes in connection with any delivery sale during the previous calendar month shall file with the department a memorandum or a copy of the invoice that provides for each delivery sale:

(1) The name and address of the consumer;

(2) The brand or brands of the cigarettes that were sold; and

(3) The quantity of cigarettes that were sold.

Section 7. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

In addition to any other provision of law, the secretary shall assess, for a first violation of any provision of sections 2 to 7, inclusive, of this Act, a civil penalty of one thousand dollars or five times the retail value of the cigarettes involved, whichever is greater. A subsequent violation is punishable by a civil penalty of five thousand dollars or five times the retail value of the cigarettes involved, whichever is greater.

Any person who knowingly violates any provision pursuant to sections 2 to 7, inclusive, of this Act, or who knowingly and falsely submits a certification in another person's name, shall for each offense be fined ten thousand dollars or five times the retail value of the cigarettes involved, whichever is greater.

Any person failing to collect or remit to the department any tax required in connection with a delivery sale shall be assessed, in addition to any other penalty, a penalty of five times the retail value of the cigarettes involved.

Any cigarettes sold or attempted to be sold in a delivery sale that do not meet the requirements of sections 2 to 7, inclusive, of this Act shall be forfeited to the state and destroyed. All fixtures, equipment, and all other materials and personal property on the premises of any person who, with the intent to defraud the state, violates any of the requirements of sections 2 to 7, inclusive, of this Act, shall be forfeited to the state."

107fa

In the previously adopted amendment (107ca), in the first sentence of the first paragraph in Section 7, delete "shall" and insert "may".

107cta

On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "regulate the sale and shipment of cigarettes."

On page 1 , delete line 2 .

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 108 and 196 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 55 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1009 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1122, 1142, 1160, 1192, 1193, 1258, and 1262 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 5 Introduced by: Senators Smidt, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Kelly, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Sutton (Dan), and Sutton (Duane) and Representatives Wick, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Hargens, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Van Etten, Vehle, Weems, and Willadsen

A CONCURRENT RESOLUTION, Urging the members of the South Dakota Congressional delegation to sponsor and support the Streamlined Sales and Use Tax Act.

WHEREAS, the 1967 Bellas Hess and the 1992 Quill Supreme Court decisions denied states the authority to require the collection of sales and use taxes by out-of-state sellers that have no physical presence in the taxing state; and

WHEREAS, the combined weight of the inability to collect sales and use taxes on remote sales through traditional carriers and the tax erosion due to electronic commerce threatens the future viability of the sales tax as a stable revenue source for state and local governments; and

WHEREAS, the Center for Business and Economic Research at the University of Tennessee has estimated that states lost as much as $16.1 billion in 2003 because they were not able to collect taxes on remote sales, including sales on the internet and the center estimates that by 2006 this revenue loss to states will climb to $26.5 billion and by 2008 it will be $33.8 billion; and

WHEREAS, the same study estimated that South Dakota lost as much as $43.8 million in 2003 because of this inability to require remote sellers to collect our state's sales and use taxes, and the study further estimates that by 2008 this revenue loss will climb to $88.6 million; and

WHEREAS, South Dakota's sales and use tax base shrinks every day as consumers change their purchase habits while the state government's expenses continue to increase; and

WHEREAS, a voluntary streamlined sales and use tax system will generate $2 million to $3 million in state taxes which the Legislature and the Governor will make sure does not disappear into the state's budget and is used for those areas critical to our citizens, such as education and property tax relief; and

WHEREAS, since 1999, state legislators, governors, local elected officials, state tax administrators, and representatives of the private sector have worked to develop a streamlined sales and use tax collection system for the 21st Century; and

WHEREAS, between 2001 and 2002, South Dakota and thirty-four other states enacted legislation expressing the intent of the state to simplify the state's sales and use tax collection systems and to participate in multistate discussions to finalize and ratify an interstate agreement to streamline collection of the states' sales and use taxes; and

WHEREAS, on November 12, 2002, delegates from South Dakota and the other states unanimously ratified the Streamlined Sales and Use Tax Agreement, which substantially simplifies state and local sales tax systems, removes the burdens to interstate commerce that were of concern to the Supreme Court, and protects state sovereignty; and

WHEREAS, the Streamlined Sales and Use Tax Agreement provides the states with a blueprint to create a simplified and more uniform sales and use tax collection system that when implemented, allows justification for Congress to overturn the Bellas Hess and Quill decisions; and

WHEREAS, South Dakota enacted legislation in 2003 to bring this state's sales and use tax statutes into compliance with the Streamlined Sales and Use Tax Agreement; and

WHEREAS, by July 1, 2004, twenty-one states, Arkansas, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia and Wyoming, representing over thirty-five percent of the total population of the United States enacted legislation to bring their state's sales and use tax statutes into compliance with the Agreement; and

WHEREAS, the Legislature of South Dakota and our colleagues in the other states have shown the resolve to acknowledge the complexities of the current sales and use tax collection system, have worked with the business community to formulate a truly simplified and streamlined collection system, and have shown the political will to enact the necessary changes to make the streamlined collection system the law; and

WHEREAS, the Streamlined Sales and Use Tax Act will be introduced in Congress to grant those states that comply with the agreement the authority to require all sellers, regardless of nexus, to collect those states' sales and use taxes; and

WHEREAS, supporting the states effort to comply with the Streamlined Sales and Use Tax Agreement and the federal legislation granting states collection authority are such companies and organizations as: American Booksellers Association, AFL-CIO, American Federation of Teachers, American Federation of State, County and Municipal Employees, American Jewelers Association, Circuit City Stores, Inc., Department for Professional Employees, Electronic Commerce Association, Gateway Companies, Inc., Home Depot, International Association of Firefighters, International Council of Shopping Centers, K-Mart Corporation, Lowe's companies, National Association of College Stores, National Association of Convenience Stores, National Association of Industrial and Office Properties, National Association of Realtors, National Community Pharmacists Association, National Education Association, National Retail Federation, North America Retail Dealers Association, PETsSMART, Inc., RadioShack Corporation, Service Employees International Union, ShopKo, Staples, Inc., Target, Inc., The Gap, Inc., The Real Estate Roundtable, The Rouse Company, United Food and Commercial Workers International Union, VerticalNet, Inc., Wal-Mart, and Westfield America, Inc.; and

WHEREAS, until Congress and the President enacts the Streamlined Sales and Use Tax Act, participation by remote sellers is only voluntary making it unlikely that the states will close the revenue gap between what is owed on remote transactions and what is collected; and

WHEREAS, Congressman Roy Blunt of Missouri, House Majority Whip, has termed this federal legislation as "fiscal relief for the states that does not cost the federal government a single cent" and ensures the viability of the sales and use tax as a state revenue source;

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eightieth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature of South Dakota calls upon the members of our congressional delegation, Senators Tim Johnson and John Thune and Representative Stephanie Herseth, to join as co-sponsors of the Streamlined Sales and Use Tax Act and to support its swift adoption by the Congress of the United States; and

BE IT FURTHER RESOLVED, that the Legislature of South Dakota urges President George W. Bush to sign the Streamlined Sales and Use Tax Act into law, upon its passage by the Congress.

Was read the first time.

The President announced the waiving of the committee referral and placed SCR 5 on the calendar of Monday, February 14, the 25^th legislative day.

SCR 6 Introduced by: Senators Hanson (Gary), Bogue, Greenfield, Hundstad, Koskan, Lintz, Moore, Peterson (Jim), and Smidt and Representatives Hargens, Dennert, Dykstra, Haley, Halverson, and Rhoden

A CONCURRENT RESOLUTION, Urging the development of hydrogen as an energy source and for other purposes.

WHEREAS, hydrogen is the most abundant element in the universe and can offer an inexhaustible supply of fuel, once released from water, biomass, or other hydrocarbons such as coal; and

WHEREAS, South Dakota's economy and citizens would benefit significantly from the development of our state's potential to produce clean hydrogen from biomass such as ethanol and other agricultural products, wind-powered electrolysis of water, and coal gasification and storage of carbon dioxide in the soil and underground; and

WHEREAS, businesses, states, and nations around the world are aggressively pursuing a hydrogen-powered economy and agree that hydrogen represents a promising and potentially pollution-free competitor to oil as a transportation fuel and will soon be a necessity in our economy as oil production decreases and becomes more expensive; and

WHEREAS, hydrogen is widely seen as an attractive energy carrier throughout the economy if used in clean, efficient fuel cells to produce useful electricity, heating, and cooling; and

WHEREAS, South Dakota's world class research institutions and universities can increase the overall investment in this region and accelerate the commercialization of hydrogen, fuel cells, and other clean energy technologies by integrating their strengths with those of similar institutions and states in the region; and

WHEREAS, our stated goal in the United States is to be more energy-independent in today's world:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eightieth Legislature of the State of South Dakota, the House of Representatives concurring therein, that it is the policy of the State of South Dakota to:

(1) Develop its capacity to produce, store, distribute, and use hydrogen made from South Dakota resources as an increasing source of transportation fuel, electricity, and energy for heating and cooling and for fertilizer production and other commercially productive uses;

(2) Encourage the commercialization of hydrogen, fuel cells, and other clean energy technologies that would benefit the state; and

(3) Encourage South Dakota's research and higher education institutions to work with similar institutions in the region to explore the creation of a Regional Energy Research Consortium that can compete effectively for public and private investment with other national centers of excellence, such as the United States Department of Energy's recently established Hydrogen Technology Learning Centers.

Was read the first time

The President announced the waiving of the committee referral and placed SCR 6 on the calendar of Monday, February 14, the 25^th legislative day.

HCR 1009: A CONCURRENT RESOLUTION, Requesting the Corps of Engineers to accept Governor Rounds' Missouri River conservation proposals.

Was read the first time

The President announced the waiving of the committee referral and placed HCR 1009 on the calendar of Monday, February 14, the 25^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 43 as found on page 415 of the Senate Journal ; also

Transportation on SB 119 as found on page 423 of the Senate Journal ; also

Judiciary on SB 144 as found on page 413 of the Senate Journal ; also

Commerce on SB 179 as found on page 426 of the Senate Journal ; also

Education on SB 184 as found on page 421 of the Senate Journal ; also

Judiciary on SB 217 as found on page 414 of the Senate Journal ; also

Commerce on HB 1089 as found on page 425 of the Senate Journal ; also

Transportation on HB 1111 as found on page 424 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Apa requested that HB 1038 be removed from the Consent Calendar.

HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the investigation of vehicle dealers.

Was read the second time.

The question being "Shall HB 1034 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Duenwald; Gant

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.

HB 1041: FOR AN ACT ENTITLED, An Act to require certain vehicle dealers to utilize an electronic title file system.

Was read the second time.

The question being "Shall HB 1041 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Duenwald; Gant

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

Sen. Bogue moved that SB 168 and 170 be deferred to Monday, February 14, the 25^th legislative day.

Which motion prevailed.

Sen. Bogue moved that SB 218 be referred to the Committee on Appropriations.

Which motion prevailed.

SB 177: FOR AN ACT ENTITLED, An Act to provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

Was read the second time.

The question being "Shall SB 177 pass as amended?"

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Greenfield; Hansen (Tom); Kelly

Excused:
Duenwald; Gant

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 186: FOR AN ACT ENTITLED, An Act to revise the penalties for the improper notarization of certain documents and to establish civil penalties for improper notarization of certain documents pertaining to elections or the election process.

Was read the second time.

186xa

Sen. Apa moved that SB 186 be further amended as follows:

On page 1, line 6 of the Senate Local Government Committee engrossed bill, remove the overstrikes from " ~~Class 2~~ " .

On page 1 , line 6, delete " Class 1 " .

On page 1 , line 13, remove the overstrikes from " ~~Class 2~~ " .

On page 1 , line 13, delete " Class 1 " .

Which motion lost.

The question being "Shall SB 186 pass as amended?"

And the roll being called:

Yeas 21, Nays 12, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Duniphan; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra; Moore; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls

Nays:
Apa; Bogue; Earley; Greenfield; Kelly; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Sutton (Duane)

Excused:
Duenwald; Gant

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

Sen. Nesselhuf announced his intention to reconsider the vote by which SB 186 lost.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1122: FOR AN ACT ENTITLED, An Act to clarify that agents for property owners may make certain deductions from gross receipts.

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

HB 1142: FOR AN ACT ENTITLED, An Act to provide sales and use tax refunds to certain fabricators.

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

HB 1160: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to franchises and cable services.

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

HB 1192: FOR AN ACT ENTITLED, An Act to adopt the Uniform Athletes Agents Act.

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

HB 1193: FOR AN ACT ENTITLED, An Act to adopt the Uniform Child-Custody Jurisdiction and Enforcement Act and to repeal the Uniform Child Custody Jurisdiction Act.

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

HB 1258: FOR AN ACT ENTITLED, An Act to revise the definition of an abused or neglected child.

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

HB 1262: FOR AN ACT ENTITLED, An Act to provide a partial exemption to the assessment of certain power generation facilities for property tax purposes.

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

There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 13.

Respectfully,
Karen Gerdes, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1060: FOR AN ACT ENTITLED, An Act to authorize the secretary of Revenue and Regulation to issue a cease and desist order to vehicle, snowmobile, manufactured home, and boat dealers for certain violations, to authorize imposition of monetary penalties for failure to comply with a cease and desist order, and to modify the reasons for suspending or revoking a dealer's license.

Was read the second time.

Sen. Kelly moved that HB 1060 and 1171 be deferred to Monday, February 14, the 25^th legislative day.

Which motion prevailed.

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the sale of out-of-state motor vehicles.

Was read the second time.

The question being "Shall HB 1119 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; Earley; 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

Nays:
Kloucek

Excused:
Duenwald; Gant

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.

HB 1083: FOR AN ACT ENTITLED, An Act to exempt certain utility and street contracts from competitive bid requirements.

Was read the second time.

The question being "Shall HB 1083 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Nays:
Kloucek

Excused:
Duenwald; Gant

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.

SIGNING OF BILLS

The President publicly read the title to

SB 55: FOR AN ACT ENTITLED, An Act to provide for a preference for placement of abused and neglected children with relatives and to provide a hearing for review of adoptive placement decisions.

HB 1078: FOR AN ACT ENTITLED, An Act to increase the motorcycle safety education fee and to provide for the repeal of the fee.

And signed the same in the presence of the Senate.

Sen. Greenfield moved that the Senate do now adjourn, which motion prevailed and at 1:47 p.m. the Senate adjourned.

Patricia Adam, Secretary