The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by Senate page Delci Christensen.

     Roll Call: All members present.

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-seventh day and finds that the following correction should be made:

    "On page 566 of the Senate Journal, delete lines 23 through 29, inclusive."
        
    The correct committee report is found on page 571 of the Senate Journal.    

     All other errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

    Which were subscribed to and placed on file in the office of the Secretary of State.

    The Committee on Education respectfully reports that it has had under consideration HCR  1006 and returns the same with the recommendation that said resolution be concurred in.

     The Committee on Legislative Procedure respectfully reports that SB 18, 35, 38, and 49 were delivered to his Excellency, the Governor, for his approval at 9:15 a.m., February 20, 2007.

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

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; 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

     Nays:
Greenfield

     Excused:
Apa

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1007 was concurred in.

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

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

     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.

     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.

     Was read the second time.

     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.

     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.

     Was read the second time.

     Was read the second time.

    "Section 1. That § 37-21-9.1 be amended to read as follows:

     37-21-9.1.   The Division of Commercial Inspection and Licensing shall charge and collect a maximum ten dollar fee for each inspection and testing of any weight, measure, and weighing and measuring device. From July 1, 2007, through June 30, 2008, the fee is sixteen dollars. From July 1, 2008, through June 30, 2009, the fee is twenty-two dollars. On July 1, 2009, and thereafter, the fee is twenty-eight dollars. The fee shall be paid upon demand of the division by the person, firm, or corporation owning or operating the weight, measure, or weighing or measuring device inspected or tested. A maximum fee of five dollars shall be charged and collected for each inspection and testing of gasoline and diesel stationary fuel pump meters. From July 1, 2007, through June 30, 2008, the fee is eight dollars. From July 1, 2008, through June 30, 2009, the fee is eleven dollars. On July 1, 2009, and thereafter, the fee is fourteen dollars. A maximum fee of fifteen dollars shall be charged and collected for each inspection and testing of gasoline and diesel high speed stationary fuel pump meters and for refined fuel truck meters. From July 1, 2007, through June 30, 2008, the fee is twenty-five dollars. From July 1, 2008, through June 30, 2009, the fee is thirty-six dollars. On July 1, 2009, and thereafter, the fee is forty-six dollars . A maximum fee of fifteen dollars shall be collected for refined fuel truck meters. If a special or emergency inspection is requested, a charge, not to exceed the actual cost of such inspection, including costs for personnel, equipment, and mileage, shall be made and

assessed against the requesting individual or device owner. All fees, except those for special or emergency inspection, shall be promulgated by the secretary of the Department of Public Safety pursuant to chapter 1-26. One-half of the inspection program funding shall be derived from the general fund and the other half from fees collected pursuant to this Act.

         Section 2. That § 37-22-10 be amended to read as follows:

     37-22-10.   The Division of Commercial Inspection and Licensing shall charge and collect a fee for each inspection or testing of scales. The fee shall be paid upon demand of the division by the person, firm, or corporation owning or operating the scale inspected or tested. The maximum schedule of fees is as follows:

         Section 3. That § 34-39-3 be amended to read as follows:

     34-39-3.   The Department of Public Safety may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not

clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department.

         Section 4. That § 37-21A-3 be amended to read as follows:

     37-21A-3.   The director shall charge an annual registration fee of twenty-five dollars per for service agency plus five dollars per agencies and for registered serviceman servicemen to cover administrative costs. From July 1, 2007, through June 30, 2008, the fee for each agency is forty dollars and the fee for each serviceman is seven dollars. From July 1, 2008, through June 30, 2009, the fee for each agency is fifty-five dollars and the fee for each serviceman is eight dollars. On July 1, 2009, and thereafter, the fee for each agency is sixty-nine dollars and the fee for each serviceman is ten dollars. The fee shall be paid when the registration or renewal application is made. One-half of the inspection program funding shall be derived from the general fund and the other half from fees collected pursuant to this Act.

         Section 5. That § 37-21A-7 be amended to read as follows:

     37-21A-7.   A registered serviceman and a registered service agency shall submit, annually to the director, for examination and certification, any standards and testing equipment that are used, or are to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. No registered service person or agency may use in servicing any commercial weighing or measuring device any standards or testing equipment that have not been certified by the director. The Department of Public Safety shall charge a fee not to exceed the actual cost of for such examination and certification , including costs for personnel, equipment, and mileage . From July 1, 2007, through June 30, 2008, the fee is sixty-two dollars per hour. From July 1, 2008, through June 30, 2009, the fee is seventy-nine dollars per hour. On July 1, 2009, and thereafter, the fee is ninety-six dollars per hour. One-half of the inspection program funding shall be derived from the general fund and the other half from fees collected pursuant to this Act. "

     HB 1079: FOR AN ACT ENTITLED, An Act to  establish certain provisions regarding the child abuse and neglect central registry.

     HB 1089: FOR AN ACT ENTITLED, An Act to  define the term, consideration, as it relates to the payment of fees for certain transfers or exchanges of real property.

     HB 1099: FOR AN ACT ENTITLED, An Act to  authorize certain domestic limited liability companies and partnerships to be registered agents of foreign corporations.

     HB 1114: FOR AN ACT ENTITLED, An Act to  allow postsecondary technical institutes to engage in business-type activities.

     HB 1122: FOR AN ACT ENTITLED, An Act to  revise and update the references to the building codes.

     HB 1136: FOR AN ACT ENTITLED, An Act to  allow certain disabled bow hunters to use special equipment to operate the bow.

     HB 1154: FOR AN ACT ENTITLED, An Act to  revise the provisions concerning the addition of noncontiguous property to certain business improvement districts that have a common zoning designation.

     HB 1160: FOR AN ACT ENTITLED, An Act to  repeal the requirement for physician involvement in the execution of a sentence of death by eliminating certain specified roles.

     HB 1165: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning notice and hearing requirements for vacating a municipal street or alley.

     HB 1175: FOR AN ACT ENTITLED, An Act to  provide for the substances used in the execution of a sentence of death and to allow the choice of the substances used in an execution under certain circumstances.

     HB 1257: FOR AN ACT ENTITLED, An Act to  reduce the minimum number of board members of trust companies.

     HB 1259: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to complaints of encroachment by prairie dogs on private land.

     And signed the same in the presence of the Senate.