JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  




FOURTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 29, 2007

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

     The prayer was offered by the Chaplain, Pastor Michelle Bradley, followed by the Pledge of Allegiance led by Senate page Harrison Hagg.

     Roll Call: All members present.

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 thirteenth 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,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  118 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  122 and 137 which were deferred to the 41st Legislative Day.

Respectfully submitted,
                                                             Bob Gray, Vice-Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 162 and returns the same with the recommendation that said bill be amended as follows:

162fa
     On page 3, line 1 of the printed bill, delete " five " and insert "two".

     On page 3 , line 2, delete " twenty " and insert "ten".

162ja
     On page 4, line 21 of the printed bill, delete " three hundred " and insert "one hundred fifty thousand dollars ($150,000)".

     On page 4 , line 22, delete " thousand dollars ($300,000) " .

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

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 148 and 170 and tabled the same.



Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 140 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 87 and 163 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 SB 123 and returns the same with the recommendation that said bill be amended as follows:

123ta
     On page 1, line 10 of the printed bill, before " costs " insert " reasonable ".

     On page 2 , line 5, before " costs " insert " reasonable ".

     And that as so amended said bill do pass.

Respectfully submitted,
Kenneth Albers, Chair

CONSIDERATION OF REPORT OF COMMITTEE


     Sen. Knudson moved that the report of the Standing Committee on

     Appropriations on HB 1011 as found on page 255 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 187   Introduced by:  Senators Nesselhuf, Abdallah, Heidepriem, Jerstad, Katus, Knudson, McCracken, Napoli, and Olson (Ed) and Representatives Halverson, Ahlers, Cutler,

Elliott, Engels, Feinstein, Hills, Kirkeby, Lucas, McLaughlin, Nygaard, Street, Thompson, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for appropriate emergency health care for rape survivors and to require health care facilities and the Department of Health to provide information to rape survivors.

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

     SB 188   Introduced by:  Senator McNenny

       FOR AN ACT ENTITLED, An Act to   prohibit the sale, planting, or harvesting of Roundup Ready alfalfa.

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

     SB 189   Introduced by:  Senators Gant, Albers, and Bartling and Representatives Kirkeby, Gassman, Halverson, Hanks, Koistinen, and Vehle

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the transfer of certain alcoholic beverage licenses.

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

     SB 190   Introduced by:  Senator McCracken and Representative Dykstra

       FOR AN ACT ENTITLED, An Act to   provide for the establishment of special development districts and to authorize the issuance of certain restricted alcoholic beverage licenses in such districts.

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

     SB 191   Introduced by:  Senators McCracken, Abdallah, Hanson (Gary), Hauge, Hoerth, Kloucek, Lintz, and McNenny and Representatives Novstrup (Al), Brunner, Buckingham, Dennert, DeVries, Elliott, Glenski, Juhnke, Krebs, McLaughlin, Olson (Betty), Tidemann, and Willadsen

       FOR AN ACT ENTITLED, An Act to   provide for the licensing of persons in the business of recycling motor vehicles.

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


     SB 192   Introduced by:  Senators Apa, Hundstad, Maher, Napoli, and Smidt (Orville) and Representatives Kirkeby, Buckingham, Elliott, Halverson, Haverly, Hills, Jerke, Nelson, Nygaard, Pederson (Gordon), Pitts, Thompson, Turbiville, Van Etten, and Van Norman

       FOR AN ACT ENTITLED, An Act to   require defendants to perform community service restitution when found guilty of vandalism to property in public or private cemeteries.

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

     SB 193   Introduced by:  Senators McCracken, Albers, Gant, Gray, Hansen (Tom), Nesselhuf, and Olson (Ed) and Representatives Cutler, Boomgarden, Faehn, Jerke, and Miles

       FOR AN ACT ENTITLED, An Act to   prohibit the abuse of certain elderly persons and to revise certain provisions regarding the abuse of disabled adults.

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

     SB 194   Introduced by:  Senators Kloucek, Hoerth, Jerstad, Katus, Maher, and Schmidt (Dennis) and Representatives Ahlers, Bradford, Elliott, Feinstein, Halverson, Miles, Street, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for the election of the secretary of agriculture.

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

     SJR 15   Introduced by:  Senators Apa, Bartling, Gant, and Greenfield and Representatives Wick, Hackl, Hargens, Moore, and Weems

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article XI of the Constitution of the State of South Dakota, relating to the vote required to impose or increase taxes.

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

HONORED GUESTS


     The President introduced the 2007 South Dakota Easter Seals Family of the Year, Larry and Micki Kennison and their daughters Jaclyn and Jessica from Rapid City, South Dakota, to the body.


SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Maher requested that HB 1047 be removed from the Consent Calendar.

     SB 15:   FOR AN ACT ENTITLED, An Act to   require certain immunizations for students attending postsecondary educational institutions.

     Was read the second time.

     The question being "Shall SB 15 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 90:   FOR AN ACT ENTITLED, An Act to   revise the composition of the Commission on Uniform Legislation.

     Was read the second time.

     The question being "Shall SB 90 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 86:   FOR AN ACT ENTITLED, An Act to   require the Bureau of Finance and Management to designate pay periods for state payroll systems.

     Was read the second time.

     The question being "Shall SB 86 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1012:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the appropriation of money for the veterans' bonus program.

     Was read the second time.

     The question being "Shall HB 1012 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1030:   FOR AN ACT ENTITLED, An Act to   revise the membership of the State Board of Podiatry Examiners, the State Board of Pharmacy, and the State Board of Funeral Service.

     Was read the second time.

     The question being "Shall HB 1030 pass?"



     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1044:   FOR AN ACT ENTITLED, An Act to   provide reciprocity for sales, use, or gross receipts tax paid on farm equipment purchased in another state or political subdivision.

     Was read the second time.

     The question being "Shall HB 1044 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1045:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the times for filing returns and remitting taxes.

     Was read the second time.

     The question being "Shall HB 1045 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0


     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1057:   FOR AN ACT ENTITLED, An Act to   require certain information in a judgment of conviction for persons sentenced to the state penitentiary.

     Was read the second time.

     The question being "Shall HB 1057 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1094:   FOR AN ACT ENTITLED, An Act to   specify the admonishment of jurors during court adjournments.

     Was read the second time.

     The question being "Shall HB 1094 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1095:   FOR AN ACT ENTITLED, An Act to   provide for and revise the wording of certain judicial oaths.

     Was read the second time.

     The question being "Shall HB 1095 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1096:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions concerning the place where certain trials shall take place.

     Was read the second time.

     The question being "Shall HB 1096 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 76:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding health care decisions by agents.

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


     The question being on Sen. Duenwald's pending motion to amend SB 76 as found on page 221 of the Senate Journal.

     Which motion prevailed.

     The question being "Shall SB 76 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Jerstad; McNenny; Schmidt (Dennis)

     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 70:   FOR AN ACT ENTITLED, An Act to   revise certain fees, continuing education requirements, and examination requirements for massage therapists.

     Was read the second time.

     The question being "Shall SB 70 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, Absent 0


     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; McNenny; Napoli; Nesselhuf; Schmidt (Dennis); Turbak; Two Bulls

     Nays:
Garnos; Gray; Hansen (Tom); Hunhoff; Maher; McCracken; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton

     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.

    President Pro Tempore Gray now presiding.

     SB 89:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Prudent Management of Institutional Funds Act.

     Was read the second time.

     The question being "Shall SB 89 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 92:   FOR AN ACT ENTITLED, An Act to   increase the real estate transfer fee.

     Was read the second time.

92fa
     Sen. Bartling moved that SB 92 be amended as follows:

     On page 1, line 4 of the printed bill, delete " fifty cents one dollar " and insert " fifty seventy- five cents".



    Which motion prevailed.

     The question being "Shall SB 92 pass as amended?"

     And the roll being called:

     Yeas 12, Nays 23, Excused 0, Absent 0

     Yeas:
Albers; Bartling; Gray; Hanson (Gary); Hoerth; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Turbak

     Nays:
Abdallah; Apa; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hauge; Heidepriem; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Two Bulls

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

     SB 94:   FOR AN ACT ENTITLED, An Act to   require a motor vehicle manufacturer to reimburse a consumer for excise tax and license and registration fees if a vehicle is replaced under lemon law provisions.

     Was read the second time.

     The question being "Shall SB 94 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 103:   FOR AN ACT ENTITLED, An Act to   provide for the appointment of members of the Brand Board by district.

     Was read the second time.



     The question being "Shall SB 103 pass?"

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent 0

     Yeas:
Abdallah; Apa; Bartling; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Lintz; Maher; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Albers; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hunhoff; Knudson; McCracken; Olson (Ed)

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

     SB 60:   FOR AN ACT ENTITLED, An Act to   authorize the purchase of certain improved real property in Pierre and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall SB 60 pass?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Knudson; Lintz; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Greenfield; Hundstad; Kloucek; Koetzle; Maher; McNenny

     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


     HB 1009:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the registration of cancelled livestock character brands.



     Was read the second time.

     Sen. Heidepriem moved that HB 1009 be placed to follow HB 1013 on today's calendar.

     Which motion prevailed.

     HB 1013:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the standards for fire-resistant state buildings.

     Was read the second time.

     The question being "Shall HB 1013 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Excused:
Apa; 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 1009:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the registration of cancelled livestock character brands.

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

     The question being "Shall HB 1009 pass?"

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls


     Nays:
Apa; McNenny; Olson (Ed)

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

     HB 1004:   FOR AN ACT ENTITLED, An Act to   revise the penalty for misuse of any aircraft or vehicle owned or leased by the state.

     Was read the second time.

     The question being "Shall HB 1004 pass?"

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Bartling; Hanson (Gary); Heidepriem

     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 1015:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the required identification of authorized emergency vehicles.

     Was read the second time.

     The question being "Shall HB 1015 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Turbak


     Nays:
Bartling; Hanson (Gary); Hundstad; Katus; Kloucek; Koetzle; Peterson (Jim); Sutton; 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 1029:   FOR AN ACT ENTITLED, An Act to   place certain drugs on the controlled substances schedule and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1029 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1046:   FOR AN ACT ENTITLED, An Act to   repeal the limitation period for filing certain tax refunds.

     Was read the second time.

     The question being "Shall HB 1046 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1059:   FOR AN ACT ENTITLED, An Act to   provide for the sharing of certain child protection records.

     Was read the second time.

     The question being "Shall HB 1059 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1081:   FOR AN ACT ENTITLED, An Act to   revise certain provisions to provide that motor vehicle license plates remain with the owner of the plates.

     Was read the second time.

1081xa
     Sen. Napoli moved that HB 1081 be further amended as follows:

     On page 24, line 3 of the Senate Transportation Committee engrossed bill, delete " January 1, 2009 " and insert "July 1, 2008".

     Which motion prevailed.

     The question being "Shall HB 1081 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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.

     Sen. McNenny moved that the Senate do now adjourn, which motion prevailed and at 3:45 p.m. the Senate adjourned.

Trudy Evenstad, Secretary