Senate Journal 01/24/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 24, 2006

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

The prayer was offered by the Chaplain, Elaine Scott, followed by the Pledge of Allegiance led by Senate page Katie Manning.

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 ninth 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 Education respectfully reports that it has had under consideration SB 83 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 4 of the printed bill, after " continue " delete " the " .

On page 2 , line 5, delete " one thousand dollars per year " and insert " a stipend ".

On page 2 , line 6, delete " one thousand dollars per year " and insert " a stipend equal to the amount offered by the school district, up to a maximum of one thousand dollars ".

On page 2 , line 7, delete " its share of the " and insert " a ".

On page 2 , line 7, delete " authorized by " and insert " pursuant to ".

On page 2 , line 8, delete " teachers " and insert " teacher ".

On page 2 , line 8, delete " its share of the " and insert " a ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 88 and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 10 of the printed bill, insert:

"Section 2. There is hereby appropriated from the general fund the sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary, to the Board of Regents to pay for the provisions of this Act.

Section 3. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2007, shall revert in accordance with § 4-8-21."

On page 1, line 1 of the printed bill, delete everything after " of " and insert "any in-state, accredited high school operated by the United States Bureau of Indian Affairs and to make an appropriation therefor."

On page 1 , delete line 2 .

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

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 117 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 107 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10 of the printed bill, after " person " insert " or entity ".

On page 1, after line 12 of the printed bill, insert:

"Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

On page 1, line 2 of the printed bill, after " dealerships " insert "and to declare an emergency".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 42 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 5 to 14 , inclusive, and insert:

" Section 1. That § 32-22-11 be amended to read as follows:

32-22-11. Before operating any combination of motor vehicles by the driveaway method in saddlemount consisting of three or four units, the motor carrier shall hold a valid Interstate Commerce Commission certificate to transport new automobiles and trucks by the driveaway method. The A motor carrier may transport ~~new~~ automobiles and trucks in the method of double saddlemount or triple saddlemount ~~provided~~ if the carrier complies with the United States Department of Transportation motor carrier safety regulations regarding double and triple saddlemount as ~~of October 1, 1986~~ adopted by § 49-28A-3 . No combination of motor vehicles permitted by this section may exceed seventy-five feet in length, nor exceed the width, height, or gross weight limitations fixed by statute. A violation of this section is a Class 2 misdemeanor.

Section 2. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as follows:

A combination of vehicles consisting of a double or triple saddlemount with fullmount, as defined in 23 CFR 658.5 as of January 1, 2006, may be operated upon the highways of this state if the carrier compiles with the United States Department of Transportation motor carrier safety regulations regarding double and triple saddlemount as adopted by § 49-28A-3. No combination of motor vehicles permitted by this section may exceed ninety-seven feet in length, nor exceed the width, height, or gross weight limitations fixed by statute. A violation of this section is a Class 2 misdemeanor."

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration the nomination of Judith Payne of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Transportation 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 Transportation respectfully reports that it has had under consideration SB 114 and 129 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7 of the printed bill, after " if " insert "the operator submits to the department a notarized statement that, under the penalty of perjury, the operator complies with the following criteria".

On page 2 , after line 3, insert:

"The exemptions provided under this section do not exempt the operator from the requirements to obtain a license pursuant to § 45-6-65 and to file annual reports pursuant to § 45-6-72."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 105 and 124 and tabled the same.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 74, 75, and 87 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 Commerce respectfully reports that it has had under consideration SB 18 and 98 and tabled the same.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 76 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

INTRODUCTION OF HONORED GUESTS

The President introduced Stephanie Herseth, U.S. Representative from South Dakota, to the body.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 1 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1017, 1027, 1030, 1032, 1034, 1041, 1049, 1058, 1061, and 1065 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORT OF COMMITTEE

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

Judiciary on SB 132 as found on page 155 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 192 Introduced by: Senators Bogue and Moore

FOR AN ACT ENTITLED, An Act to revise certain provisions to regulating the distribution of alcoholic beverages.

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

SB 193 Introduced by: Senators Duniphan and Dempster and Representative McLaughlin

FOR AN ACT ENTITLED, An Act to provide for the retention of certain grant fellows at the South Dakota School of Mines and Technology.

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

SB 194 Introduced by: Senators Nesselhuf, Hanson (Gary), Kloucek, Kooistra, and Olson (Ed) and Representatives Dykstra, Bradford, Hargens, Murschel, Pederson (Gordon), Rounds, and Sigdestad

FOR AN ACT ENTITLED, An Act to revise the definition of wine for farm wineries.

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

SB 195 Introduced by: Senators McCracken, Adelstein, and Duniphan and Representatives McCoy, Hennies, McLaughlin, and Pederson (Gordon)

FOR AN ACT ENTITLED, An Act to permit certain municipalities to provide to residents of sanitary districts upon petition.

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

SB 196 Introduced by: Senators Adelstein, Knudson, Kooistra, McCracken, and Olson (Ed) and Representatives Roberts, Cutler, Glover, Halverson, McLaughlin, Sigdestad, and Thompson

FOR AN ACT ENTITLED, An Act to require balanced instruction on human sexuality in public schools.

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

SB 197 Introduced by: Senators Adelstein and Knudson

FOR AN ACT ENTITLED, An Act to establish a governing board for the post secondary technical institutes.

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

SB 198 Introduced by: The Committee on Education at the request of the Governor

FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the reduction in state aid to education based on school district general fund balances.

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

SB 199 Introduced by: The Committee on Education at the request of the Governor

FOR AN ACT ENTITLED, An Act to create a teacher compensation assistance program.

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

SB 200 Introduced by: The Committee on Commerce at the request of the Governor

FOR AN ACT ENTITLED, An Act to authorize the risk pool board to allow additional enrollees into the risk pool under certain circumstances.

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

SB 201 Introduced by: The Committee on Commerce at the request of the Governor

FOR AN ACT ENTITLED, An Act to revise the risk pool reimbursement method for certain health care providers.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1017: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to implement and comply with certain federal energy acts and to validate certain related commission actions.

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

HB 1027: FOR AN ACT ENTITLED, An Act to change the unemployment insurance wage base and contribution rates and to assess interest on negative employer accounts under certain circumstances.

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

HB 1030: FOR AN ACT ENTITLED, An Act to permit persons in the armed services and certain family members to acquire a turkey license under certain circumstances.

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

HB 1032: FOR AN ACT ENTITLED, An Act to clarify that hunting, fishing, and trapping privileges associated with a resident license continue after change of residency.

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

HB 1034: FOR AN ACT ENTITLED, An Act to revise the definition of anabolic steroid, to schedule certain controlled substances, and to declare an emergency.

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

HB 1041: FOR AN ACT ENTITLED, An Act to allow for denial, suspension, or revocation of emergency medical technician certificates for past gross incompetence and for unprofessional or dishonorable conduct.

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

HB 1049: FOR AN ACT ENTITLED, An Act to revise the effective dates of certain laws regarding the regulation of motor vehicle license plates.

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

HB 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding investigations of the Division of Insurance.

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

HB 1061: FOR AN ACT ENTITLED, An Act to provide for certain audits of associations of school boards.

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

HB 1065: FOR AN ACT ENTITLED, An Act to extend immunity to certain directors, trustees, committee members and officers of certain nonprofit corporations and to members of certain advisory boards.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Koskan requested that SB 53 be removed from the Consent Calendar.

Sen. Bogue requested that HB 1051 be removed from the Consent Calendar.

SB 33: FOR AN ACT ENTITLED, An Act to require each applicant for licensure as a nurse and each licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

Was read the second time.

The question being "Shall SB 33 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; 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

Excused:
Adelstein

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 34: FOR AN ACT ENTITLED, An Act to revise the quorum requirements for the Board of Nursing.

Was read the second time.

The question being "Shall SB 34 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

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 certain provisions regarding the approval of plats.

Was read the second time.

The question being "Shall SB 90 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

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 97: FOR AN ACT ENTITLED, An Act to allow the governing body of taxing districts to automatically refer a property tax opt out to the voters.

Was read the second time.

The question being "Shall SB 97 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

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 109: FOR AN ACT ENTITLED, An Act to provide for statewide mutual aid requests among certain public agencies.

Was read the second time.

The question being "Shall SB 109 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

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 146: FOR AN ACT ENTITLED, An Act to update certain statutory references to the South Dakota Firefighters Association, Incorporated.

Was read the second time.

The question being "Shall SB 146 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

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 22: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to transfer title to a T-28 experimental aircraft from the South Dakota School of Mines and Technology to the Strategic Air and Space Museum.

Was read the second time.

The question being "Shall SB 22 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

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 26: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the second time.

The question being "Shall SB 26 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

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 29: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the examination of teacher and administrator preparation programs.

Was read the second time.

The question being "Shall SB 29 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 31: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the licensing and regulation of technical professions.

Was read the second time.

The question being "Shall SB 31 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, 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; Lintz; McCracken; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
McNenny

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 54: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

Was read the second time.

Sen. Olson (Ed) moved that SB 54 be deferred to Monday, January 30, the 14^th legislative day.

Which motion prevailed.

SB 57: FOR AN ACT ENTITLED, An Act to revise the definition of deceptive acts and practices and to increase the statute of limitations regarding deceptive trade practices.

Was read the second time.

The question being "Shall SB 57 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Apa; Bartling; Greenfield

Excused:
Kloucek

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 67: FOR AN ACT ENTITLED, An Act to revise the amnesty provisions for sellers under the Streamlined Sales and Use Tax Agreement.

Was read the second time.

The question being "Shall SB 67 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 69: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to insurable interests and to declare an emergency.

Was read the second time.

The question being "Shall SB 69 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; 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

Nays:
Greenfield

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 19: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2006 regarding appropriations to the Board of Regents.

Was read the second time.

The question being "Shall SB 19 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Greenfield; Kloucek; Koetzle

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. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 27 which has passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

There being no objection, the Senate reverted to Order of Business No. 5.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 27 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 66: FOR AN ACT ENTITLED, An Act to exempt water distribution system routes from certain restrictions related to the acquisition of property or property rights.

Was read the second time.

Sen. Adelstein moved that SB 66 be amended as follows:

On page 1, line 8 of the printed bill, delete everything after " rights-of-way " and insert ". No property or property rights may be acquired under this chapter for the development of any water distribution system as defined in § 46-1-6 that is located less than twenty-five feet from a dwelling house or other buildings on the premises or across any noncommercial orchard or garden without written consent of the owner. "

On page 1 , delete line 9 .

Sen. Adelstein moved that his amendment to SB 66 be amended as follows:

In the previous amendment (66tb), delete " or other buildings ".

Which motion lost.

The question being on Sen. Adelstein's motion that SB 66 be amended.

Which motion lost.

The question being "Shall SB 66 pass?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Broderick; McNenny; Napoli

Excused:
Kloucek

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 77: FOR AN ACT ENTITLED, An Act to extend the time between a municipal candidate election and a secondary election.

Was read the second time.

The question being "Shall SB 77 pass?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
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; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Napoli; Two Bulls

Excused:
Abdallah

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 112: FOR AN ACT ENTITLED, An Act to provide for an order of joint physical care over certain children whose parents exercise joint legal custody.

Was read the second time.

The question being "Shall SB 112 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the type of personal identification required when voting.

Was read the second time.

The question being "Shall SB 118 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

SIGNING OF BILLS

The President publicly read the title to

SB 27: FOR AN ACT ENTITLED, An Act to make an appropriation to the state fair and to declare an emergency.

And signed the same in the presence of the Senate.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 27 was delivered to his Excellency, the Governor, for his approval at 3:25 p.m., January 24, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

Sen. McNenny moved that the Senate do now adjourn, which motion prevailed and at 3:40 p.m. the Senate adjourned.

Patricia Adam, Secretary