Senate Journal 02/01/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

SIXTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 1, 2006

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

The prayer was offered by the Chaplain, Mary S. Kelly, followed by the Pledge of Allegiance led by Senate page Janae Olinger.

Roll Call: All members present except Sen. Smidt 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.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Susan Shay Brugger of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Susan Shay Brugger pursuant to the executive message as found on page 151 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; Duniphan; 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; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Smidt

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 Tom Leckey of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Tom Leckey pursuant to the executive message as found on page 151 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; Duniphan; 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; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Abdallah; Smidt

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 Linda Barker of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Housing Development Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Linda Barker pursuant to the executive message as found on page 149 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; Smidt

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 James C. Roby of Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

The question being "Does the Senate advise and consent to the executive reappointment of James C. Roby pursuant to the executive message as found on page 147 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; 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; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Apa; Smidt

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 Gordon Garnos of Codington County, Watertown, South Dakota, to the South Dakota Career Service Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Gordon Garnos pursuant to the executive message as found on page 147 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Apa; Smidt

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1056 and 1121 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1068 and 1078 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 195 and tabled the same.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 206 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 189 and returns the same with the recommendation that said bill be amended as follows:

189fa

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

"Section 1. That § 41-20-4 be amended to read as follows:

41-20-4. The state wildland fire coordinator, under the direction of the Department of Agriculture, shall take authorized action to prevent, suppress, and extinguish forest fires on all state and privately owned lands and on other lands while acting pursuant to a cooperative fire suppression agreement. The coordinator shall direct and aid the efforts of all fire suppression forces involved in the fires. The coordinator may bring an action in circuit court against the responsible person to obtain reimbursement for reasonable fire suppression and extinguishment costs.

Section 2. That § 41-20-5 be amended to read as follows:

41-20-5. There is hereby established a fund in the state treasury to be known as the state fire suppression special revenue fund which is hereby appropriated for the payment of costs incurred by the state wildland fire coordinator in suppressing forest fires as authorized by § 41- 20-4 and for the payment of costs incurred by the secretary of agriculture in hiring a fire suppression force to assist any other fire suppression agency, regardless of whether the fire being suppressed is within the territorial jurisdiction of the State of South Dakota. The fire suppression agency shall either execute or have an existing cooperative fire suppression agreement with the South Dakota Department of Agriculture . There has been appropriated fifty thousand dollars for the fund.

Any damages paid from judgments or settlements in civil actions taken under § 41-20-4 and reimbursements or contributions from other sources for suppressing forest fires may be deposited into the fund. "

189fta

On page 1, line 1 of the printed bill, delete everything after " to " and insert "revise certain provisions concerning fire suppression agreements and payment of certain costs incurred in suppressing forest fires."

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 176 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 143 and returns the same with the recommendation that said bill be amended as follows:

143aa

On page 1 of the printed bill, delete lines 4 to 15 , inclusive.

On page 2 , delete lines 1 to 24 , inclusive.

On page 3 , delete lines 1 to 24 , inclusive.

On page 4 , delete lines 1 to 24 , inclusive.

On page 5 , delete lines 1 to 6 , inclusive.

On page 5 , line 13, delete " the following sites on a rotating annual basis: " and insert "Huron."

On page 5 , delete lines 14 to 16 , inclusive.

On page 5 , delete lines 22 to 24 , inclusive.

143oa

On page 5, line 12 of the printed bill, after " Dakota " insert "State Fair and".

On page 5 , line 20, after " Dakota " insert "State Fair and".

On page 5 , line 21, after " Dakota " insert "State Fair and".

143ata

On page 1, line 1 of the printed bill, delete " abolish the state fair, to " .

And that as so amended said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 85, 104, and 135 and tabled the same.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 84 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1073 and 1104 and returns the same with the recommendation that said bills 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 180 and returns the same with the recommendation that said bill be amended as follows:

180ra

On page 1, line 12 of the printed bill, delete " or any information from " and insert ", relating to the extension of credit involving that consumer's report,".

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

On page 5 , line 7, delete " and " .

On page 5 , line 9, after " request " insert:

"; and

(11) Any person or entity for use in setting or adjusting a rate, adjusting a claim, or underwriting for insurance purposes".

180rb

On page 1, line 4 of the printed bill, delete " : " and insert "a victim of a crime as defined in § 22-30A-3.1."

On page 1 , delete lines 5 to 9 , inclusive.

On page 1 , line 16, after " who is " insert "a".

On page 2 , line 2, after " agency " insert "at an address designated by the consumer reporting agency to receive such requests".

On page 2 , line 10, delete " party or " .

On page 2 , line 12, delete " party or " .

On page 2 , line 13, after " agency " insert "at a point of contact designated by the agency to receive such requests".

On page 2 , line 22, delete " third party who is to receive the credit report " .

On page 2 , line 23, delete " or the " .

On page 3 , line 22, after " until " insert "the earlier of the date the consumer reporting agency receives a request from the consumer to remove the freeze or until seven years from the date that the security freeze was put in place pursuant to section 4 of this Act".

On page 3 , line 22, delete " the consumer requests that the security " .

On page 3 , line 23, delete " freeze be removed " .

On page 4 , after line 4, insert:

"Requests for removal shall be made to a point of contact designated by the agency to receive such requests."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1190 and returns the same with the recommendation that said bill be amended as follows:

1190ra

On page 1 of the printed bill, delete lines 4 to 8 , inclusive.

1190rta

On page 1 of the printed bill, delete line 2 , and insert "violations of the DUI statutes."

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

91ra

On page 5 , line 14 of the printed bill, remove the overstrikes from " ~~the decedent's social security number~~ " .

On page 5 , line 15, remove the overstrikes from the first and second " ~~and~~ ".

On page 5 , delete line 16 , and insert "social security number. The written information required in this section may not be filed with the court and the social security numbers of the decedent and the decedent's deceased spouse are not available to the public, but the personal representative shall certify to the court that the information required in this section has been provided to the department. "

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

119sb

On page 1 of the printed bill, delete lines 14 and 15 , and insert:

"Section 2. That § 52-2-8 be repealed.

52-2-8. The State Banking Commission may adopt any necessary rules not inconsistent with the laws of this state pertaining to savings and loan associations. Rules governing the payment of interest on deposits or similar obligations may be passed as emergency rules and are not subject to subdivision 1-26-5(3).

Section 3. That § 1-26-5 be amended to read as follows:

1-26-5. Prior to the adoption or amendment of an emergency rule, an agency shall publish a notice of intent to adopt an emergency rule in the manner prescribed in § 1-26-4.1 and shall serve on the person specified by subdivision 1-26-4(1), each member of the Interim Rules Review Committee, and the director:

(1) A copy of the proposed rule, which shall bear a special number to distinguish it from a permanent rule;

(2) Any publication described in § 1-26-6.6 which shall be returned to the agency upon completion of the director's review and retained by the agency; and

(3) A statement, with the reasons therefor, that the emergency procedure is necessary because of imminent peril to the public health, safety, or welfare, is necessary to prevent substantial unforeseen financial loss to state government, or is necessary because of the occurrence of an unforeseen event at a time when the adoption of a rule in response to such event by the emergency procedure is required to secure or protect the best interests of the state or its residents.

No Any agency may use the emergency rule adoption procedure . However, no agency may use the emergency rule adoption procedure for the convenience of the agency merely to avoid the consequences for failing to timely promulgate rules. "

On page 2 , delete lines 1 to 3 , inclusive.

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 140 and 141 and tabled the same.

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 2 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1037, 1071, 1112, 1118, 1155, 1161, 1173, 1174 and 1220 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

HONORED GUESTS

The President introduced the 2004-2005 Outstanding School Administrators: Robert Arend, Garretson; David Peterson, Brookings; Nancy Whitcher, Rapid City; Christena Schultz, Emery; Mike Taplett, Huron; Dr. Patricia Peel, Rapid City; and Karen Roth, Sioux Falls, to the body.

MOTIONS AND RESOLUTIONS

HCR 1003: A CONCURRENT RESOLUTION, Recognizing the efforts of United States Senator Tim Johnson, United States Senator John Thune, United States Representative Stephanie Herseth, Governor M. Michael Rounds and the preparedness of the Rapid City area's Ellsworth Task Force and the Black Hills area's government and business leaders for their outstanding achievement in retaining Ellsworth Air Force Base as a vital component of our nation's defenses.

Was read the second time.

Sen. Duniphan moved that the Senate do concur in HCR 1003 as found on page 263 of the House Journal.

The question being on Sen. Duniphan's motion that the Senate do concur in HCR 1003.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Koetzle; Smidt

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.

Sen. Knudson moved that SB 188 be referred from the Committee on Taxation to the Committee on State Affairs.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on SB 49 as found on page 273 of the Senate Journal ; also

Commerce on SB 130 as found on page 275 of the Senate Journal ; also

Commerce on SB 166 as found on page 276 of the Senate Journal ; also

Transportation on SB 183 as found on page 271 of the Senate Journal ; also

Agriculture and Natural Resources on HB 1006 as found on page 272 of the Senate Journal ; also

Agriculture and Natural Resources on HB 1007 as found on page 272 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the prescription of schedule II controlled drugs by physician assistants, certified nurse practitioners, and certified nurse midwives.

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

HB 1071: FOR AN ACT ENTITLED, An Act to amend the composition, supervision, and functioning of the State Seed Certification Board.

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

HB 1112: FOR AN ACT ENTITLED, An Act to exempt certain real property owned by local industrial development corporations from property taxation.

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

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding failure to stop at the command of a law enforcement officer and regarding eluding a law enforcement officer in a vehicle.

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

HB 1155: FOR AN ACT ENTITLED, An Act to allow local units of government to regulate the sales, distribution, marketing, promotion, and use of tobacco products.

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

HB 1161: FOR AN ACT ENTITLED, An Act to provide additional methods for the formation of special zoning areas.

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

HB 1173: FOR AN ACT ENTITLED, An Act to limit the authority of the state agencies to promulgate rules restricting the application of permits to carry a concealed pistol.

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

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning business improvement districts.

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

HB 1220: FOR AN ACT ENTITLED, An Act to temporarily allow contractual agreements between certain school districts and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Hundstad requested that HB 1025 be removed from the Consent Calendar.

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions related to cancelled livestock brands.

Was read the second time.

The question being "Shall HB 1005 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1042: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the license renewal of insurance producers.

Was read the second time.

The question being "Shall HB 1042 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1049: FOR AN ACT ENTITLED, An Act to revise the effective dates of certain laws regarding the regulation of motor vehicle license plates.

Was read the second time.

The question being "Shall HB 1049 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1065: FOR AN ACT ENTITLED, An Act to extend immunity to certain directors, trustees, committee members and officers of certain nonprofit corporations and to members of certain advisory boards.

Was read the second time.

The question being "Shall HB 1065 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1074: FOR AN ACT ENTITLED, An Act to provide for recognition of certain stalking or physical violence protection orders as foreign domestic violence orders.

Was read the second time.

The question being "Shall HB 1074 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1139: FOR AN ACT ENTITLED, An Act to define the use of vehicles bearing dealer's demonstration or in-transit permits and to revise the penalty for the misuse of such permits.

Was read the second time.

The question being "Shall HB 1139 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 156: FOR AN ACT ENTITLED, An Act to prohibit the picketing of funerals under certain circumstances, to provide penalties for the violation thereof, and to declare an emergency.

Was read the second time.

156fa

Sen. Tom Hansen moved that SB 156 be further amended as follows:

On page 1, line 4 of the Senate Judiciary Committee engrossed bill, after " may " insert ", within one thousand feet of any funeral service,".

Which motion prevailed.

The question being "Shall SB 156 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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.

SB 159: FOR AN ACT ENTITLED, An Act to prohibit certain civil penalties on dishonored checks and to revise the duties of the state's attorneys with respect thereto.

Was read the second time.

The question being "Shall SB 159 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Greenfield; Koskan

Excused:
Smidt

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.

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

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1034 and 1041 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 184 and returns the same with the recommendation that said bill be amended as follows:

184ja

On page 1, line 7 of the printed bill, after " served in " insert "Bosnia or Kosovo or in".

On page 2 , line 3, delete " may " and insert "shall be informed upon request of the member's or veteran's right to a medical evaluation for exposure to depleted uranium to be conducted at the nearest United States Department of Veterans Affairs medical facility. The Department of Military and Veterans Affairs shall promulgate rules pursuant to chapter 1-26 to provide for the notification of members and veterans required pursuant to this Act."

On page 2 , delete lines 4 to 8 , inclusive.

184tta

On page 1, line 1 of the printed bill, delete " screening " and insert "notification".

On page 1 , line 2, after " forces " insert "concerning screening".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 14 and returns the same with the recommendation that said bill be amended as follows:

14ja

On page 1, line 5 of the printed bill, delete " is or " .

On page 1 , line 6, overstrike " been a resident of " and insert " maintained a residence in ".

On page 1 , line 9, after " Home. " insert " For the purposes of this section, a residence is a physical structure in which a person resides and the term does not include a post office box or address of another mail service purchased by the veteran. "

14jb

On page 1, line 15 of the printed bill, after " requirement. " insert " Any veteran who is an enrolled member of a federally recognized Indian tribe located wholly or partially in the state meets the residency requirement. "

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

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 36 and tabled the same.

Respectfully submitted,
Thomas A. Dempster, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1064: FOR AN ACT ENTITLED, An Act to increase the penalty for subsequent convictions for the crime of stalking.

Was read the second time.

The question being "Shall HB 1064 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Apa; Smidt

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 1048: FOR AN ACT ENTITLED, An Act to revise the reporting and remittance requirements for certain state taxes and to declare an emergency.

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

The question being "Shall HB 1048 pass as amended?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Napoli

Excused:
Abdallah; Apa; Smidt

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.

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the taxation of motor fuel and the refunding of motor fuel taxes.

Was read the second time.

The question being "Shall HB 1050 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; 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; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Abdallah; Apa; Smidt

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 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding notice to a tribe of a child custody proceeding subject to the Indian Child Welfare Act.

Was read the second time.

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

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Apa; Smidt

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 1053: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2005.

Was read the second time.

The question being "Shall HB 1053 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1095: FOR AN ACT ENTITLED, An Act to clarify the elements of the crime of impersonating another.

Was read the second time.

Sen. Abdallah moved that HB 1095 be deferred to Thursday, February 2, the 17^th legislative day.

Which motion prevailed.

Sen. Bogue moved that HJR 1001, 1002, and 1003 be deferred to Thursday, February 2, the 17^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

HB 1008: FOR AN ACT ENTITLED, An Act to permit the immediate reclassification of nonagricultural acreage property under certain circumstances.

And signed the same in the presence of the Senate.

Sen. Napoli moved that the Senate do now adjourn, which motion prevailed and at 3:20 p.m. the Senate adjourned.

Patricia Adam, Secretary