JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION




NINETEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 6, 2008

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

     The prayer was offered by the Chaplain, Rev. Brad Urbach, followed by the Pledge of Allegiance led by Senate page Angela Schram.

     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 eighteenth 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.
HONORED GUESTS

     The President introduced the 2008 Senior South Dakota Snow Queen, Brittany Davis from Waubay, and the 2008 Junior South Dakota Snow Queen, Tiara Feller from Sully County, to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 116 and 117 and HB 1005 and 1006 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 100 and returns the same with the recommendation that said bill be amended as follows:

100fa

     On page 1, line 6, of the printed bill, delete " Indian tribe, " and insert "Indian tribe tribal entity as defined in the Federal Register Vol. 72, No. 55 as of March 22, 2007, ".

100fta

     On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise the definition of certain public entities that are prohibited from making political campaign contributions."

     On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

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


186of
     On page 1 of the printed bill, delete lines 4 to 14, inclusive.

     Delete pages 2 to 5, inclusive

     On page 6, delete lines 1 to 18, inclusive.

     On page 6, line 24, delete "of sections 12 to 20, inclusive,".

     On page 7, line 1, delete everything after "Commission" and insert "."

     On page 7, delete line 2.

     On page 7, line 5, delete "made public pursuant to section".

     On page 7, line 6, delete "1 of this Act".

     On page 8, line 5, delete "12 and 13" and insert "3 and 4".

     On page 9, line 6, after "may" insert "within ninety days of the denial commence a civil action by summons or, in the alternative,".

     On page 9, line 20, delete "15" and insert "6".

     On page 10, line 1, delete "an" and insert "a reasonable".

     On page 11, line 5, delete "12 to" and insert "3 to 10, inclusive,".

     On page 11, line 6, delete "19, inclusive,".

     On page 13, delete line 24.

     Delete pages 14 to 19, inclusive.

186ota
     On page 1, line 1, of the printed bill, delete "and".

     On page 1, line 2, delete "public meetings".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

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


189oa

     On page 3, line 1, of the printed bill, after " information " insert " , or intellectual property record ".

     On page 6, between lines 13 and 14, insert:

                            "(10A)    "Intellectual property record," a record, other than a financial or administrative record, that is produced or collected by or for faculty or staff of a publicly funded postsecondary institution or research facility in the conduct of or as a result of study or research on an educational, commercial, scientific, artistic, technical, or scholarly issue, regardless of whether the study or research was sponsored by the institution alone or in conjunction with a governmental body or private concern, and that has not been publicly released, published, or patented;".


189ra
     On page 2, line 20, of the printed bill, after " statute " insert " or regulation ".

     On page 3, line 2, delete " section 4 of this Act " and insert " §  1-27-9 ".

     On page 3, line 5, delete " section 4 of this Act " and insert " §  1-27-9 ".

     On page 3, line 6, delete " section " and insert " §  1-27-9 ".

     On page 3, line 7, delete " 4 of this Act and " and insert " or ".

189ob
     On page 4, line 20, of the printed bill, delete everything after " . "

     On page 4, delete line 21.

     On page 4, line 22, delete " public funds ."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  120 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair


Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1053 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 1052 and returns the same with the recommendation that 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 182 and returns the same with the recommendation that said bill be amended as follows:

182fd
     On page 3 of the printed bill, delete lines 8 to 15, inclusive, and insert "outpatient procedures for the purpose of disclosure of charges to the public."

182ja
     On the previously adopted amendment (182fd), after "public." insert "The list shall be developed by December 31, 2008."

    And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1064 and 1131 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1062, 1065, 1073, 1075, and 1130 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Gene G. Abdallah, Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SCR 5 in which the House has concurred.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HB 1162, 1163, 1190, 1238, 1239, 1250, 1256, 1260, 1264, 1288, and 1321 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Heidepriem moved that the Committee on Agriculture and Natural Resources be instructed to deliver SB 138 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     SCR 4: A CONCURRENT RESOLUTION, Urging the United State Congress to remove Section 132 from the College Opportunity and Affordability Act of 2007 before its final passage.

    Was read the second time.

     Sen. Ed Olson moved that SCR 4 as found on page 215 of the Senate Journal be adopted.

     The question being on Sen. Olson's motion that SCR 4 be adopted.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; 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 Berry; Two Bulls


     Excused:
Garnos

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1162: FOR AN ACT ENTITLED, An Act to prohibit the branding of a minor and to provide a penalty therefor.

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

     HB 1163: FOR AN ACT ENTITLED, An Act to increase the duration of juvenile diversion programs.

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

     HB 1190: FOR AN ACT ENTITLED, An Act to prohibit lodging establishments from automatically charging a fee for a safe.

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

     HB 1238: FOR AN ACT ENTITLED, An Act to revise the limitation period for commencing child abuse prosecutions.

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

     HB 1239: FOR AN ACT ENTITLED, An Act to permit persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing and to declare an emergency.

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

     HB 1250: FOR AN ACT ENTITLED, An Act to increase the salary for legislators.

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

     HB 1256: FOR AN ACT ENTITLED, An Act to require certain disclosures when selling labor law posters to employers.


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

     HB 1260: FOR AN ACT ENTITLED, An Act to revise sex offender registry provisions for persons without a residence address.

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

     HB 1264: FOR AN ACT ENTITLED, An Act to permit certain persons with insulin- treated diabetes mellitus to get an endorsement on a commercial driver license to drive a school bus.

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

     HB 1288: FOR AN ACT ENTITLED, An Act to allow any school district that qualifies for both the declining enrollment allowance and the growing enrollment payment in the same fiscal year to only benefit from the one that provides the most additional funding to the district.

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

     HB 1321: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses authorized for certain municipal facilities.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     Sen. Apa requested that HB 1170 be removed from the Consent Calendar.

     HB 1001: FOR AN ACT ENTITLED, An Act to provide for a jury trial in forfeiture proceedings.

     Was read the second time.

     The question being "Shall HB 1001 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 Berry; 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 1055: FOR AN ACT ENTITLED, An Act to revise the penalty for leaving the brand inspection area without a brand inspection.

     Was read the second time.

     The question being "Shall HB 1055 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 Berry; 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 revise certain provisions regarding eligibility for open market status for the purposes of brand inspection.

     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 Berry; 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 1072: FOR AN ACT ENTITLED, An Act to revise the intent of the appointments of panels for voluntary review of certain first level health care decisions.

     Was read the second time.

     The question being "Shall HB 1072 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 Berry; 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 1118: FOR AN ACT ENTITLED, An Act to authorize the issuance of special off-sale package wine dealers licenses.

     Was read the second time.

     The question being "Shall HB 1118 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 Berry; 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 1126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of on-sale wine licenses and the sale of wine.



     Was read the second time.

     The question being "Shall HB 1126 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 Berry; 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

     Sen. Knudson moved that SB 143 and 172 be deferred to Monday, February 11, the 21st legislative day.

     Which motion prevailed.

     Sen. Knudson moved that SB 126 be placed to precede SB 143 on today's calendar.

     Which motion prevailed.

     SB 126: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to issue additional on-sale alcoholic beverage licenses and to compensate certain existing on-sale license holders.

     Was read the second time.

0000fb
     Sen. Albers moved that SB 126 be further amended as follows:

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

     "Section 1. In addition to the number of on-sale licenses that may be issued pursuant to §  35-4-11, a first class municipality may issue additional on-sale licenses for full-service restaurants. The number of full-service restaurant on-sale licenses that may be issued pursuant

to this section may not exceed ten percent of the total number of on-sale licenses allowed or issued pursuant to § §  35-4-11 and 35-4-13 or three on-sale licenses, whichever is greater.

         Section 2. Terms used in this Act mean:

                 (1)    "Bar," any permanently installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages;

                 (2)    "Full-service restaurant," any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or food and victuals such as sandwiches, hamburgers, or salads is not a full-service restaurant;

                 (3)    "Restaurant," any area in a building maintained, advertised, and held out to the public as a place where individually priced meals are prepared and served primarily for consumption in such area and where seventy percent or more of the gross revenue of the restaurant is derived from the sale of prepared food and nonalcoholic beverages. The restaurant shall have a dining room or rooms, a kitchen, and the number and kinds of employees necessary for the preparing, cooking, and serving of meals.

         Section 3. An applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverages. The supporting documentation concerning the primary source of revenue submitted pursuant to this section is confidential.

         Section 4. When the municipality is renewing a full-service restaurant on-sale license, the municipality shall condition the licence renewal upon receiving documentation that seventy percent or more of gross sales from the preceding twelve months operation of the full service restaurant is derived from the sale of prepared food and nonalcoholic beverages. The full-service restaurant on-sale licensee shall submit an annual report to the municipality on the sales for the full-service restaurant that includes an oath verifying the validity of the information provided in the report. The report and the supporting documentation submitted pursuant to this section are confidential. The report shall contain the annual gross sales of the licensee for the following two categories:

                 (1)    Food and nonalcoholic beverage sales; and

                 (2)    Alcoholic beverage sales.

         Section 5. A full-service restaurant on-sale licensee may only serve alcoholic beverages for on-premise consumption in the bar and dining room area of the restaurant.

         Section 6. The provisions of §  35-4-81 apply to each full-service restaurant on-sale licensee, except, that no licensee may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of eleven p.m. and eleven a.m.



         Section 7. A restaurant that has a full-service restaurant on-sale license may only be advertised or held out to the public as primarily a food eating establishment.

         Section 8. No restaurant that has a full-service restaurant on-sale license may:

                 (1)    Conduct video lottery pursuant to chapter 42-7A upon the location where the license is held;

                 (2)    Allow smoking on the premises; or

                 (3)    Transfer or sell the full-service restaurant on-sale license to another location.

         Section 9. No premise licensed under the provisions of subdivision 35-4-2 (4), (6), (11), or (13) prior to July 1, 2008, may be licensed as a full-service restaurant on-sale license prior to July 1, 2020.

         Section 10. The license fee for a restaurant license issued by a first class municipality with a population that is:

                 (1)    Sixty thousand or more, may not be less than two hundred thousand dollars;

                 (2)    Twenty thousand or more but less than sixty thousand, may not be less than one hundred thousand dollars; and

    (3)    Less than twenty thousand, may not be less than seventy-five thousand dollars.

         Section 11. No on-sale license annexed into a municipality pursuant to §  35-4-13 may be transferred to a new location for a period of three years after the annexation."

     Sen. Apa moved that the amendment 0000fb to SB 126 be amended as follows:

    In Section 6, after "the hours of eleven" delete the "p" and insert "a" and after the second "eleven" delete "a" and insert "p".

     Which motion lost.

     Sen. McCracken requested a roll call vote.

     Which request was supported.

     The question now being on Sen. Albers' motion that SB 126 be further amended.

     And the roll being called:

     Yeas 12, Nays 23, Excused 0, Absent 0


     Yeas:
Abdallah; Albers; Apa; Duenwald; Greenfield; Hoerth; Hunhoff; Kloucek; Koetzle; McNenny; Napoli; Schmidt (Dennis)

     Nays:
Bartling; Dempster; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hundstad; Jerstad; Katus; Knudson; Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.


     Sen. Abdallah moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 126 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

     Yeas:
Bartling; Dempster; Garnos; Gray; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Katus; Knudson; Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Abdallah; Albers; Apa; Duenwald; Greenfield; Hansen (Tom); Hauge; Hoerth; Hunhoff; Kloucek; Koetzle; McNenny; Napoli; Schmidt (Dennis)

     Excused:
Gant

     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 180: FOR AN ACT ENTITLED, An Act to make an appropriation to provide certain refunds of sales tax on food.

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

     The question being "Shall SB 180 pass?"

     And the roll being called:



     Yeas 32, Nays 1, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; 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 Berry; Two Bulls

     Nays:
Greenfield

     Excused:
Abdallah; Gant

     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 80: FOR AN ACT ENTITLED, An Act to restrict the release or use of social security numbers by the state and its political subdivisions unless certain security measures are taken.

     Was read the second time.

     The question being "Shall SB 80 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; 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); Sutton; Turbak Berry; Two Bulls

     Excused:
Apa; Gant; Garnos; Smidt (Orville)

     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 164: FOR AN ACT ENTITLED, An Act to clarify the application of certain statutes relative to contraception and birth control.

     Was read the second time.

     The question being "Shall SB 164 pass as amended?"



     And the roll being called:

     Yeas 12, Nays 22, Excused 1, Absent 0

     Yeas:
Hanson (Gary); Heidepriem; Hundstad; Jerstad; Katus; Knudson; McCracken; Napoli; Nesselhuf; Olson (Ed); Turbak Berry; Two Bulls

     Nays:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hoerth; Hunhoff; Kloucek; Koetzle; Lintz; Maher; McNenny; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton

     Excused:
Gant

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1008: FOR AN ACT ENTITLED, An Act to update and revise certain provisions relating to the Abstracters' Board of Examiners.

     Was read the second time.

     The question being "Shall HB 1008 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; 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 Berry; Two Bulls

     Excused:
Gant

     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 1009: FOR AN ACT ENTITLED, An Act to revise provisions relating to persons engaged in the business of money transmission.

     Was read the second time.

     The question being "Shall HB 1009 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; 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 Berry; Two Bulls

     Excused:
Gant

     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 1056: FOR AN ACT ENTITLED, An Act to revise certain provisions related to holds on livestock sales and the transporting of livestock out of the ownership inspection area.

     Was read the second time.

     The question being "Shall HB 1056 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; 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 Berry; Two Bulls

     Excused:
Gant

     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 repeal the state lottery investigation fund.

     Was read the second time.

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

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; 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 Berry; Two Bulls

     Excused:
Gant

     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 1114: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the definition and operation of farm wineries.

     Was read the second time.

     The question being "Shall HB 1114 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; 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 Berry; Two Bulls

     Nays:
Apa

     Excused:
Gant

     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 Legislative Procedure respectfully reports that SB 50 was delivered to his Excellency, the Governor, for his approval at 8:35 a.m., February 6, 2008.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 12 was delivered to his Excellency, the Governor, for his approval at 8:40 a.m., February 6, 2008.

Respectfully submitted,
Bob Gray, Chair

     There being no objection, the Senate proceeded to Order of Business No. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1026 and 1182.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 7, the 20th legislative day.

     Which motion prevailed.

SIGNING OF BILLS

     The President publicly read the title to


     HB 1002: FOR AN ACT ENTITLED, An Act to  revise the style and form of certain provisions and to delete certain obsolete provisions regarding labor and employment and the Department of Labor.

     HB 1003: FOR AN ACT ENTITLED, An Act to  revise the style and form of certain provisions and to delete certain obsolete provisions regarding unemployment compensation.

     HB 1004: FOR AN ACT ENTITLED, An Act to  revise the style and form of certain provisions and to delete certain obsolete provisions regarding workers' compensation.

     HB 1012: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding property tax exemptions for certain disabled veterans and to declare an emergency.

     HB 1013: FOR AN ACT ENTITLED, An Act to  remove certain waiting periods for property casualty filings.

     HB 1014: FOR AN ACT ENTITLED, An Act to  stagger the licensing of snowmobiles and boats.

     HB 1027: FOR AN ACT ENTITLED, An Act to  revise certain deadlines concerning nominating petitions for water development district directors and to declare an emergency.

     And signed the same in the presence of the Senate.

     Sen. Ed Olson moved that the Senate do now adjourn, which motion prevailed and at 4:01 p.m. the Senate adjourned.

Trudy Evenstad, Secretary