Senate Journal 02/07/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 7, 2006

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

The prayer was offered by the Chaplain, Pastor Alia Stowers, followed by the Pledge of Allegiance led by Senate page Abby Roberts and Teneil Ryno.

Roll Call: All members present except Sen. Two Bulls 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 nineteenth 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.

COMMUNICATIONS AND PETITIONS

February 7, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 6, 2006, I approved Senate Bill 3 and the same has 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 Appropriations respectfully reports that it has had under consideration HB 1089 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1189 and returns the same with the recommendation that said bill be amended as follows:

1189oa

On page 1, line 4 of the House Taxation Committee engrossed bill, delete " § 32-5B " and insert " § 32-5B-2".

On page 1 , line 8, delete " § 32-6B " and insert " § 32-6B-5".

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

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 147 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 198 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 199 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 134 and returns the same with the recommendation that said bill be amended as follows:

134cb

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

"Section 1. That § 13-13-10.1 be amended to read as follows:

13-13-10.1. Terms used in this chapter mean:

(1) "Average daily membership," the greater of (1) the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42 and plus the average number of pupils for whom the district pays tuition or (2) the average of the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year and the school year prior to the previous regular school year, minus the average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42 and plus the average number of pupils for whom the district pays tuition ;

(1A) Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

(2) "Adjusted average daily membership," calculated as follows:

(a) For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

(b) For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

(c) For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

(2A) "Sparse school district," a school district which, during the previous school year: levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more; has an average daily membership of less than six hundred; has a geographical area of more than five hundred square miles; has at least five miles between its attendance center or centers and that of an adjoining district; and has an average daily membership per square mile of 0.6 or less;

(2B) "Sparsity average daily membership," calculated as follows:

(a) For sparse school districts, divide the average daily membership by the area of the school district in square miles;

(b) If the result of subsection (a) of this subdivision is 0.6 or less, multiply the quotient obtained in subsection (a) times negative 0.014;

(d) Multiply the result of subsection (c) of this subdivision times the average daily membership;

(3) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

(4) "Per student allocation," for school fiscal year 2006 is $4,237.72. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

(5) "Local need," the per student allocation multiplied by the sum of the adjusted average daily membership plus the sparsity average daily membership ;

(6) "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;

(7) "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

(8) "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

(9) "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;

(10) "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

(11) "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;

(12) "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set aside for a noninsurable judgment.

Section 2. That § 4-5-29.2 be amended to read as follows:

4-5-29.2. Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine the market value of the education enhancement trust fund as of December 31, 2003, and each calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state investment officer shall calculate an amount equal to four and eight tenths percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year 2007, the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the education enhancement trust fund to the state general fund as soon as practicable after July first of the next fiscal year.

Section 3. The state treasurer shall transfer from the state general fund an amount equal to eight tenths percent of the fair value of the education enhancement trust fund calculated in § 4- 5-29.2 from the education enhancement trust fund to the sparse school district fund which is hereby created in the state treasury. The purpose of the fund is to provide funding to sparse school districts as defined in subdivision 13-13-10.1(2A).

Section 4. There is hereby appropriated from the sparse school district fund the sum of three million dollars ($3,000,000), or so much thereof as may be necessary, to the Department of Education for distribution to sparse school districts pursuant to this Act.

Section 5. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

134cd

"On the previously adopted amendment (134cb), in section 1, delete subdivision (2A) and insert:

(2A) "Sparse school district," a school district that meets each of the following criteria:

(a) Has an average daily membership per square mile of 0.50 or less;

(b) Has an average daily membership of 500 or less;

(d) Has at least five miles between its secondary attendance center or centers and that of an adjoining district;

(e) Operates a secondary attendance center; and

(f) Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more;

In section 1, delete subdivision (2B) and insert:

(2B) "Sparsity average daily membership," calculated as follows:

(a) For sparse school districts, divide the average daily membership by the area of the school district in square miles;

(b) Multiply the quotient obtained in subsection (a) times negative 0.25;

(d) Multiply the sum obtained in subsection (c) times the average daily membership;

Following section 5, insert:

Section 6. That § 4-8A-8 be amended to read as follows:

4-8A-8. ~~Moneys~~ Except as otherwise provided by this Act, moneys appropriated on a program basis by the General Appropriation Act may be transferred between program accounts within or between programs within departments and bureaus or between departments and bureaus to reflect a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution only at the written request of a governing body, department secretary, or bureau commissioner, or designee, in accordance with procedures established by the Bureau of Finance and Management and only upon written approval of the Bureau of Finance and Management. Transfer of moneys appropriated by the General Appropriations Act between departments, institutions, and bureaus that is not necessary for a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution may only occur at the written request of a governing body, department secretary, or bureau commissioner, or designee, only in accordance with procedures established by the Bureau of Finance and Management and only upon approval by the special committee created in this chapter. The Bureau of Finance and Management shall keep a record of all such authorizations of transfers and make them available for public inspection. The bureau shall also submit an informational report detailing all transfers approved to the special legislative committee established in § 4-8A-2.

Section 7. That chapter 4-8A be amended by adding thereto a NEW SECTION to read as follows:

Money appropriated as state aid to general education may not be transferred to other program accounts. Money appropriated as state aid to general education may be spent for only general aid to public schools.

Section 8. That chapter 4-8 be amended by adding thereto a NEW SECTION to read as follows:

If the amount of money appropriated as state aid to general education is in excess of the amount required to meet the entitlement provided for in chapter 13-13, the secretary of the Department of Education shall, at such time as the excess is determined, distribute the excess to all school districts on a pro rata basis according to each school district's average daily membership as defined in subdivision 13-13-10.1(1)."

134ctb

On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "revise the distribution of state aid to education, to provide funding for sparse school districts, and to make an appropriation therefor."

On page 1 , delete line 2 .

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

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Joseph M. Dondelinger of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications 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 Education respectfully reports that it has had under consideration the nomination of Glenna Fouberg of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education 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 Education respectfully reports that it has had under consideration the nomination of Marilyn Hoyt of Beadle County, Huron, South Dakota, to the South Dakota Board of Education 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 Education respectfully reports that it has had under consideration the nomination of Kathryn Johnson of Pennington County, Hill City, South Dakota, to the State Board of Regents 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 Education respectfully reports that it has had under consideration SB 81 and tabled the same.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1017, 1043, 1044, and 1045 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 Commerce respectfully reports that it has had under consideration SB 192 and tabled the same.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1058 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 186 and returns the same with the recommendation that said bill be amended as follows:

186ra

On page 1, line 6 of the printed bill, after " birds " insert "that are being".

On page 1 , line 9, delete " marketing " and insert "selling".

On page 1 , delete lines 11 to 15 , inclusive, and insert:

"Section 2. The provisions of this Act do not abrogate any existing statute or rule pertaining to the authority of the Department of Game, Fish and Parks or the Game, Fish and Parks Commission.

Section 3. That § 10-45-19 be amended to read as follows:

10-45-19. Motor fuel, including kerosene, tractor fuel, liquefied petroleum gas, natural and artificial gas, diesel fuels, and distillate, ~~when~~ if used for agricultural or railroad purposes, is exempt from excise taxes imposed under this chapter.

For the purposes of this section, agricultural purposes includes hay grinding , but does not include the lighting or heating of any farm residence , or the breeding, raising, producing, or selling of upland game birds or lawfully derived products by the producer .

For the purposes of this section, railroad purposes includes only locomotives or track motor cars being operated on railroad tracks in road service in this state. "

On page 2 , delete line 1 .

186ta

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

"Section 1. For the purposes of all classification and administration of the statutes of the State of South Dakota, executive orders, administrative orders, and rules pertaining to upland game birds that are being raised in captivity:

(1) Such upland game birds and any products that are lawfully derived from the upland game birds are agricultural products; and

(2) The breeding, raising, producing, or selling of such upland game birds or lawfully derived products by the producer is an agricultural pursuit.

For purposes of this Act, the term, upland game birds, includes all species and subspecies of quail, partridges, pheasants, wild turkeys, grouse, and prairie chickens."

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 HB 1082 and returns the same with the recommendation that said bill be amended as follows:

1082ta

On page 2 of the printed bill, delete lines 1 to 3 , inclusive.

On page 2 , line 4, delete everything before " Nothing " .

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 the nomination of Timothy Kessler of Aberdeen, South Dakota, to the Game, Fish and Parks 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Jeffrey G. Olson of Rapid City, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 13, 25, 41, 43, and 55 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 7, 2006.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 74 and 75 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 74 and 75 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1038, 1060, 1110, 1135, 1141, 1162, 1172, 1186, 1205, 1209, 1212, 1224, 1239, 1243, and 1247 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

Legislative Procedure on SB 95 as found on page 358 of the Senate Journal ; also

Local Government on HB 1077 as found on page 357 of the Senate Journal ; also

Judiciary on HB 1134 as found on page 359 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1038: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and certain dentists who have complied with the requirements of the physician tuition reimbursement program and the dental tuition reimbursement program.

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

HB 1060: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund and the special education tax levy of a school district.

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

HB 1110: FOR AN ACT ENTITLED, An Act to provide compensation to certain retailers for collecting and remitting the sales tax.

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

HB 1135: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to domestic limited liability companies, domestic limited liability partnerships, and the appointment of certain agents.

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

HB 1141: FOR AN ACT ENTITLED, An Act to provide standards for interpreting for the deaf and hard-of-hearing by requiring national interpreter certification and to repeal the state certification process and replace it with registration.

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

HB 1162: FOR AN ACT ENTITLED, An Act to provide for restitution to the state for expenses incurred in investigating false claims related to pesticide use.

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

HB 1172: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the allocation of nonresident big game hunting licenses.

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

HB 1186: FOR AN ACT ENTITLED, An Act to provide a procedure for implementing the standard visitation guidelines.

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

HB 1205: FOR AN ACT ENTITLED, An Act to provide for an exemption to the records search fee for attorneys of record.

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

HB 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding money lending.

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

HB 1212: FOR AN ACT ENTITLED, An Act to revise certain provisions related to limited big game hunting licenses for landowners.

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

HB 1224: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prior approval of premium rates for certain health benefit plans.

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

HB 1239: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

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

HB 1243: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.

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

HB 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to educational benefits for spouses of members of the South Dakota National Guard.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1059: FOR AN ACT ENTITLED, An Act to provide for notification by the Department of Social Services to the parents of certain determinations of child abuse or neglect.

Was read the second time.

The question being "Shall HB 1059 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; 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; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Napoli

Excused:
Two Bulls

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 1109: FOR AN ACT ENTITLED, An Act to provide civil immunity to qualified mental health professionals designated by the chairs of the county board of mental illness.

Was read the second time.

The question being "Shall HB 1109 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Two Bulls

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 1156: FOR AN ACT ENTITLED, An Act to require a study of the continuum of care needs for senior citizens.

Was read the second time.

The question being "Shall HB 1156 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Two Bulls

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 194: FOR AN ACT ENTITLED, An Act to revise the definition of wine for farm wineries.

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

Sen. Nesselhuf moved that SB 194 be deferred to Wednesday, February 8, the 21^st legislative day.

Which motion prevailed.

SB 65: FOR AN ACT ENTITLED, An Act to appropriate money for roof repairs at Western Dakota Technical Institute and to declare an emergency.

Was read the second time.

The question being "Shall SB 65 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, 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; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Apa; Moore

Excused:
Two Bulls

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 142: FOR AN ACT ENTITLED, An Act to direct the Office of the Attorney General to study open government issues in South Dakota.

Was read the second time.

The question being "Shall SB 142 pass as amended?"

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Abdallah; Apa; Bartling; Broderick; Dempster; Earley; Gant; Hanson (Gary); Hundstad; Kelly; Knudson; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Adelstein; Bogue; Duenwald; Duniphan; Gray; Greenfield; Hansen (Tom); Kloucek; Koetzle; Kooistra; Koskan; Lintz; Moore; Nesselhuf

Excused:
Two Bulls

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 165: FOR AN ACT ENTITLED, An Act to appropriate money to the South Dakota Energy Infrastructure Authority and declare an emergency.

Was read the second time.

The question being "Shall SB 165 pass as amended?"

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; Smidt; Sutton (Dan); Sutton (Duane)

Excused:
Two Bulls

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 167: FOR AN ACT ENTITLED, An Act to revise the conditions under which the state may enter into gaming compacts with Indian tribes.

Was read the second time.

Sen. Knudson moved that SB 167 be deferred to Wednesday, February 8, the 21^st legislative day.

Which motion prevailed.

Sen. Bogue moved that SB 202 be deferred to Wednesday, February 8, the 21^st legislative day.

Which motion prevailed.

SB 189: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fire suppression agreements and payment of certain costs incurred in suppressing forest fires.

Was read the second time.

The question being "Shall SB 189 pass as amended?"

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; Smidt; Sutton (Dan); Sutton (Duane)

Excused:
Two Bulls

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 203: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the statewide sex offender registry and to declare an emergency.

Was read the second time.

The question being "Shall SB 203 pass as amended?"

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; Smidt; Sutton (Dan); Sutton (Duane)

Excused:
Two Bulls

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that HB 1021, 1035, 1036, 1039, 1072, 1118, 1147, and 1161 be deferred to Wednesday, February 8, the 21^st legislative day.

Which motion prevailed.

HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the composition of livestock brands and to declare an emergency.

Was read the second time.

1007tc

Sen. McNenny moved that HB 1007 be further amended as follows:

On page 1, line 14 of the Senate Agriculture and Natural Resources Committee engrossed bill, after " nonrenewal " insert " after January 1, 2005 ".

Which motion prevailed.

The question being "Shall HB 1007 pass as amended?"

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; Smidt; Sutton (Dan); Sutton (Duane)

Excused:
Two Bulls

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 1097: FOR AN ACT ENTITLED, An Act to permit municipalities to refund certain sales and use taxes to contractors and subcontractors.

Was read the second time.

The question being "Shall HB 1097 pass?"

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; Smidt; Sutton (Dan); Sutton (Duane)

Excused:
Two Bulls

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 1022: FOR AN ACT ENTITLED, An Act to revise the disposition of funds received for charges for board and room for work release inmates.

Was read the second time.

The question being "Shall HB 1022 pass?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Bartling; Gant; Kloucek; Koetzle; Kooistra

Excused:
Two Bulls

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 1087: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Was read the second time.

The question being "Shall HB 1087 pass?"

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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Kooistra; Napoli

Excused:
Two Bulls

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.

SIGNING OF BILLS

The President publicly read the title to

SB 74: FOR AN ACT ENTITLED, An Act to repeal the Game, Fish and Parks Commission exemption relating to small business impact statements.

SB 75: FOR AN ACT ENTITLED, An Act to rescind the repeal of certain provisions relating to small business impact statements.

HB 1030: FOR AN ACT ENTITLED, An Act to permit persons in the armed services and certain family members to acquire a turkey license under certain circumstances.

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.

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.

HB 1107: FOR AN ACT ENTITLED, An Act to clarify the definition of a salvage vehicle.

And signed the same in the presence of the Senate.

Sen. Duenwald moved that the Senate do now adjourn, which motion prevailed and at 3:25 p.m. the Senate adjourned.

Patricia Adam, Secretary