JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION  




EIGHTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 20, 2006

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Sunshine Minzlaff, followed by the Pledge of Allegiance led by Senate pages Melissa Schram and Rachel Schram.

     Roll Call: All members present except Sens. Lintz, Jim Peterson, and Two Bulls who were 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 seventh 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.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 22 and 26 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill be amended as follows:

19za
     On page 1, line 14 of the printed bill, after " Dakota " insert "State".

     And that as so amended said bill do pass.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 67 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1047 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Deborah Bowman of Pierre, South Dakota, as the Secretary of the Department of Social Services and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Thomas A. Dempster, Chair
Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 63 and 68 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 Judiciary respectfully reports that it has had under consideration the nomination of Mark F. Marshall of Sioux Falls, Minnehaha County, South Dakota, to the Board of Pardons and Paroles 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 Judiciary respectfully reports that it has had under consideration the nomination of Sara L. Burnette of Sioux Falls, Minnehaha County, South Dakota, to the Board of Pardons and Paroles 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 Judiciary respectfully reports that it has had under consideration the nomination of Jerome B. Lammers of Madison, Lake County, South Dakota, to the Board of Pardons and Paroles 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 Judiciary respectfully reports that it has had under consideration the nomination of Dennis L. Kaemingk of Mitchell, Davison County, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Gene G. Abdallah, Chair



MESSAGE FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1005, 1008, 1016, 1018, 1043, 1048, 1050, 1052, 1053, 1063, and 1064 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS



    SENATE PAGE RESOLUTION 1 Introduced by: Senators 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; Two Bulls

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-first Legislature of the State of South Dakota to Ryan Budmayr, Byron Crowe, Rebecca Jaspers, Aaron Lacey, Meagan O'Connor, Sarah O'Donnell, Cheryl Peyton, Michelle Sawyer, Melissa Schram, and Rachel Schram.

    WHEREAS, the above named served loyally as pages for the Senate of the Eighty-first Legislative Session; and

    WHEREAS, the members of the Eighty-first Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-first Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.


     Sen. Bogue moved that Senate Page Resolution 1 be adopted.

     The question being on Sen. Bogue's motion that Senate Page Resolution 1 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Excused:
Apa; Lintz; Peterson (Jim); Two Bulls

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on SB 1 as found on page 100 of the Senate Journal ; also

     Judiciary on SB 57 as found on page 100 of the Senate Journal ; also

     Judiciary on SB 58 as found on page 101 of the Senate Journal ; also

     Judiciary on SB 59 as found on page 101 of the Senate Journal ; also

     Education on SB 29 as found on page 101 of the Senate Journal ; also

     Commerce on SB 31 as found on page 102 of the Senate Journal ; also

     Transportation on SB 17 as found on page 103 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 155   Introduced by:  Senators Kelly, Abdallah, Broderick, Dempster, Gray, Knudson, Moore, Olson (Ed), Smidt, and Sutton (Dan) and Representatives Faehn, Garnos, Haley, Halverson, Hargens, Howie, Jensen, Koistinen, McCoy, Miles, Novstrup, Rounds, and Van Etten

       FOR AN ACT ENTITLED, An Act to   permit salespersons and broker associates within the same firm to form a business corporation or limited liability company under certain conditions.

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



     SB 156   Introduced by:  Senators Hansen (Tom), Adelstein, Bogue, Duniphan, Knudson, Koetzle, Kooistra, Lintz, McCracken, Moore, Olson (Ed), and Schoenbeck and Representatives Hennies, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Hackl, Haley, Halverson, Hanks, Hargens, Haverly, Heineman, Hills, Howie, Hunhoff, Jensen, Jerke, Klaudt, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Murschel, Novstrup, Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Sigdestad, Street, Tidemann, Turbiville, Van Etten, Vehle, Weems, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   prohibit the picketing of funerals under certain circumstances and to provide penalties for the violation thereof.

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

     SB 157   Introduced by:  Senators Hansen (Tom), Duenwald, Kelly, Moore, Olson (Ed), and Sutton (Dan) and Representatives Haley, Dennert, Dykstra, Garnos, Hargens, Hennies, Jensen, Rave, and Turbiville

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the exercise of the right of eminent domain by a railroad.

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

     SB 158   Introduced by:  Senators Dempster, Gray, Kelly, and Sutton (Duane) and Representatives Rave and Halverson

       FOR AN ACT ENTITLED, An Act to   appropriate money to the Department of Public Safety for the coordination of 911 services.

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

     SB 159   Introduced by:  Senators Gray, Abdallah, Broderick, Kelly, Knudson, Moore, Olson (Ed), Smidt, and Sutton (Dan) and Representatives Cutler, Haley, Hargens, Hennies, Jensen, and Turbiville

       FOR AN ACT ENTITLED, An Act to   prohibit certain civil penalties on dishonored checks and to revise the duties of the state's attorneys with respect thereto.

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

     SB 160   Introduced by:  Senators Apa, Bartling, Greenfield, Hanson (Gary), Napoli, Smidt, and Sutton (Duane) and Representatives Dennert, Glenski, Hunhoff, Klaudt, Peters, Rausch, and Tidemann


       FOR AN ACT ENTITLED, An Act to   appropriate money for heating costs at postsecondary technical institutes.

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

     SB 161   Introduced by:  Senators Kloucek and Kooistra and Representatives Gassman, Haley, and Halverson

       FOR AN ACT ENTITLED, An Act to   establish a renewable energy production incentive for wind power and to make an appropriation therefor.

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

     SB 162   Introduced by:  Senators Kloucek and Kooistra and Representatives Gassman and Haley

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the approval or disapproval of conditional use requests.

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

     SB 163   Introduced by:  Senators Nesselhuf, Hanson (Gary), and Napoli and Representatives Haley and Hargens

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the financial statements filed with the Office of Secretary of State by political party committees.

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

     SB 164   Introduced by:  Senators Nesselhuf, Koetzle, and Koskan and Representatives Rave, Gillespie, Haverly, Kroger, Miles, Murschel, and Peters

       FOR AN ACT ENTITLED, An Act to   require a pre-election campaign financing statement of candidates for legislative office.

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

     SB 165   Introduced by:  Senators Koskan, Abdallah, Adelstein, Bartling, Bogue, Dempster, Earley, Gant, Greenfield, Hanson (Gary), Kelly, Knudson, McCracken, Moore, Napoli, Olson (Ed), Schoenbeck, and Sutton (Duane) and Representatives Dykstra, Brunner, Davis, Dennert, Frost, Garnos, Gassman, Hackl, Hanks, Hargens, Haverly, Hennies, Jensen, Jerke, Klaudt, Koistinen, Michels, Novstrup, Putnam, Rhoden, Roberts, Turbiville, Weems, and Wick

       FOR AN ACT ENTITLED, An Act to   establish a position within the Legislative branch of government to research the development of nuclear energy in South Dakota.

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

     SB 166   Introduced by:  Senators Knudson and Bogue and Representatives O'Brien and Cutler

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Athlete Agents Act.

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

     SB 167   Introduced by:  Senators Knudson, Apa, Dempster, Duniphan, Earley, Gant, Kelly, Lintz, Napoli, Schoenbeck, and Sutton (Duane) and Representatives Wick, Cutler, Frost, Heineman, Hunt, Kraus, Novstrup, O'Brien, Rave, Turbiville, Van Etten, and Weems

       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 first time and referred to the Committee on State Affairs.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1005:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to cancelled livestock brands.

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

     HB 1008:   FOR AN ACT ENTITLED, An Act to   permit the immediate reclassification of nonagricultural acreage property under certain circumstances.

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

     HB 1016:   FOR AN ACT ENTITLED, An Act to   provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

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



     HB 1018:   FOR AN ACT ENTITLED, An Act to   delay the change in calculating the amount eligible for distribution from the Health Care Trust Fund and the Education Enhancement Trust Fund and to declare an emergency.

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

     HB 1043:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding life insurance exclusions.

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

     HB 1048:   FOR AN ACT ENTITLED, An Act to   revise the reporting and remittance requirements for certain state taxes and to declare an emergency.

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

     HB 1050:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the taxation of motor fuel and the refunding of motor fuel taxes.

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

     HB 1052:   FOR AN ACT ENTITLED, An Act to   update the reference to certain federal regulations regarding financial assistance to persons displaced by highway acquisition.

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

     HB 1053:   FOR AN ACT ENTITLED, An Act to   codify legislation enacted in 2005.

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

     HB 1063:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions concerning the authority of certain courts to issue warrants or summonses on indictment.

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

     HB 1064:   FOR AN ACT ENTITLED, An Act to   increase the penalty for subsequent convictions for the crime of stalking.

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



SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Knudson requested that SB 50 be removed from the Consent Calendar.

     Sen. Ed Olson requested that SB 54 be removed from the Consent Calendar.

     SB 15:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning trademark registration.

     Was read the second time.

     The question being "Shall SB 15 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Excused:
Lintz; Peterson (Jim); 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 43:   FOR AN ACT ENTITLED, An Act to   update certain provisions for the storage of explosive materials.

     Was read the second time.

     The question being "Shall SB 43 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)



     Excused:
Lintz; Peterson (Jim); 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 45:   FOR AN ACT ENTITLED, An Act to   modify certain requirements for group health coverage for premature births, congenital defects, and birth abnormalities.

     Was read the second time.

     The question being "Shall SB 45 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Excused:
Lintz; Peterson (Jim); 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 47:   FOR AN ACT ENTITLED, An Act to   allow health maintenance organizations to rate employer sponsored plans without prior approval.

     Was read the second time.

     The question being "Shall SB 47 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)


     Excused:
Lintz; Peterson (Jim); 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 48:   FOR AN ACT ENTITLED, An Act to   clarify certain statutory references regarding the sale of alcoholic beverages.

     Was read the second time.

     The question being "Shall SB 48 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Excused:
Lintz; Peterson (Jim); 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 39:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding petroleum and motor fuels testing, quality, and labeling.

     Was read the second time.

     The question being "Shall SB 39 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Excused:
Lintz; Peterson (Jim); 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 46:   FOR AN ACT ENTITLED, An Act to   clarify the taxes for certain life insurance premiums and annuity considerations.

     Was read the second time.

     The question being "Shall SB 46 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Excused:
Lintz; Peterson (Jim); 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 55:   FOR AN ACT ENTITLED, An Act to   modify the process for state highway road closures due to inclement weather.

     Was read the second time.

     The question being "Shall SB 55 pass?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, 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; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Nays:
Napoli

     Excused:
Lintz; Peterson (Jim); 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 28:   FOR AN ACT ENTITLED, An Act to   revise and correct certain provisions related to the criminal code revision of 2005.

     Was read the second time.

28ra

     Sen. Schoenbeck moved that SB 28 be amended as follows:

     On page 4, after line 1 of the printed bill, insert:

     "Section 5. That § 26-11-3.1 be amended to read as follows:

     26-11-3.1.   Any delinquent child sixteen years of age or older against whom Class A, Class B, Class C, Class 1, or Class 2 felony charges have been filed shall be tried in circuit court as an adult. However, the child may request a transfer hearing which shall be conducted pursuant to § 26-11-4 to determine if it is in the best interest of the public that the child be tried in circuit court as an adult. In such a transfer hearing, there is a rebuttable presumption that it is in the best interest of the public that any child, sixteen years of age or older, who is charged with a Class A, Class B, Class C, Class 1, or Class 2 felony, shall be tried as an adult. "


     Which motion prevailed.

     The question being "Shall SB 28 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Excused:
Lintz; Peterson (Jim); 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 40:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of weighing and measuring devices and the regulation of service agencies of weighing and measuring devices.

     Was read the second time.

     The question being "Shall SB 40 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Excused:
Lintz; Peterson (Jim); 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 49:   FOR AN ACT ENTITLED, An Act to   modify the requirements for health discount plans.

     Was read the second time.

     Sen. Bogue moved that SB 49, 56, 60, 62, and 71 be deferred to Monday, January 23, the 9th legislative day.

     Which motion prevailed.


     Sen. Duniphan moved that the Senate do now adjourn, which motion prevailed and at 1:52 p.m. the Senate adjourned.

Patricia Adam, Secretary