The prayer was offered by the Chaplain, Brad Urbach, followed by the Pledge of Allegiance led by Senate page Abby Monnens.

     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 sixteenth day.

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

     And we hereby move the adoption of the report.

Also MADAM PRESIDENT:

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

     "Section 33. That § 22-22-25 be amended to read as follows:

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  154 and tabled the same.

    The Committee on Local Government respectfully reports that it has had under consideration HB 1076 and 1125 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 114 and returns the same with the recommendation that said bill be amended as follows:

     "Section 4. That § 8-3-19 be amended to read as follows:

     8-3-19.   In case If any township refuses or neglects to organize and elect officers at the time fixed by law for holding the annual meeting, twelve freeholders resident voters of the township may call a meeting for such purpose by notice published in the same manner as provided for the publication of notice of the annual township meeting , which . The notice shall set forth the time, place, and object of such the meeting; and the voters , when assembled by virtue of such notice , shall possess all the powers conferred upon them at the annual township meeting.

     Section 5. That § 8-3-20 be amended to read as follows:

     8-3-20.   In case If no such notice is given as provided in §   8-3-19 within thirty days after the time for holding the annual meeting, the board of county commissioners shall, on the affidavit

of any freeholder resident voter of such the township, filed in the office of the county auditor setting forth the facts, proceed at any regular or special meeting of the board to appoint the necessary township officers , and the . The persons so appointed shall hold their respective offices until others are elected and qualified in their places, and shall have the powers and be subject to the same duties as if they had been duly elected. "

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill be amended as follows:

MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1011 which has been adopted by the House and your concurrence is respectfully requested.

    I have the honor to return herewith SB 46 which has passed the House without change.

     Excused:
Munson

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.

     Which motion prevailed and the reports were adopted.

     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.

"had the child in his or her care and control for a year or more. To prevail, the petitioner must establish that the sole surviving parent or both parents:

     Was read the second time.

     "Section 1. That chapter 13-10 be amended by adding thereto a NEW SECTION to read as follows:

     Section 2. That § 13-10-6 be amended to read as follows:

     13-10-6.   For the purpose of continuing a fund for the payment of pensions to retired employees of school districts which shall have established such system, such districts a school district, a school district may levy an annual tax not exceeding thirty cents per thousand dollars of taxable valuation , except as provided in section 1 of this Act, of such the school district for the current year. Such The levy may not be included in determining the tax levy limitation of such the district provided by law. Moneys collected from such this tax shall be kept by the business manager in a special pension fund and shall may not be used for any other purpose except upon discontinuance of such the pension system by the district, in which case any unexpended balance shall be transferred to the general fund. "

     Nays:
Apa; Bogue; Brown (Arnold); Drake; Everist; Greenfield; Kleven; Koskan; Madden; Staggers; Vitter

     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.

     Excused:
Dennert

     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.

     "Section 1. That § 49-34A-80 be amended to read as follows:

     49-34A-80.   Any commercial small power production facility, utilizing renewable resources, such as sun, wind, geothermal, or biomass, that begins generating electricity after June 30, 2001, produces ten megawatts or less of electricity as measured by nameplate rating, and is located within one county and owned by a natural person, corporation, nonprofit or for profit business organization, or tribal council (if the facility is located outside the boundaries of the reservation), irrigation district, drainage district, or other political subdivision or agency of the state authorized by statute to carry on the business of developing, transmitting, utilizing, or distributing electric power is subject to the provisions of § §   49-34A-80 to 49-34A-92, inclusive, for any new or expanded facility.

     Section 2. That § 49-34A-81 be amended to read as follows:

     49-34A-81.   Rural electric cooperatives developing commercial small power production facilities utilizing renewable energy are not subject to tax pursuant to §   10-35-1.2 but are subject to a gross receipts tax as defined in §   10-36-6.

     Section 3. That § 49-34A-82 be amended to read as follows:

     49-34A-82.   Terms used in § §   49-34A-80 to 49-34A-92, inclusive, mean:

     49-34A-83.   Any person may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A or 10-46B for the construction of a new or expanded facility that is a commercial small power production facility that is defined in §   49-34A-80. "

     Section 2. That chapter 10-13 be amended by adding thereto a NEW SECTION to read as follows:

     Section 3. That chapter 10-13 be amended by adding thereto a NEW SECTION to read as follows:

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 125 which was deferred to the 36^th Legislative Day.

     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.

    Which motion prevailed.

    The question now being on Sen. Vitter's motion that HB 1038 be amended.

     Which motion prevailed and the bill was so amended.

     HB 1066: FOR AN ACT ENTITLED, An Act to  allow unloaded weapons at color guard ceremonies in elementary or secondary school buildings.

     And signed the same in the presence of the Senate.