JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



ELEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 24, 2007

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

     The prayer was offered by the Chaplain, Father Brian Christensen, followed by the Pledge of Allegiance led by Senate page Derrick Schnabel.

     Roll Call: All members present except Sens. Hunstad, Sutton, 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 tenth 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive reappointment of Jerome Howe of Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Jerome Howe pursuant to the executive message as found on page 34 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Hundstad; Sutton; Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Sharon Kallemeyn of Pennington County, Rapid City, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Sharon Kallemeyn pursuant to the executive message as found on page 34 of the Senate Journal?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Hansen (Tom); Hundstad; McNenny; Sutton; Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Tonnis Venhuizen of Douglas County, Armour, South Dakota, to the South Dakota Board of Regents.

     The question being "Does the Senate advise and consent to the executive reappointment of Tonnis Venhuizen pursuant to the executive message as found on page 39 of the Senate Journal?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Hundstad; Kloucek; Sutton; Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 83 and HB 1042, 1043, 1049, and 1055 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1003 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1013 and returns the same with the recommendation that said bill be amended as follows:

1013oa
     On page 1, line 5 of the printed bill, overstrike " It is a Class 6 felony for any board or person to design, construct, or use any " and insert " No ".

     On page 1 , line 6, after " building " insert " may be designed or constructed ".

     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 the nomination of Sandra Zinter of Hughes County, Pierre, South Dakota, to the position of Commissioner of the Bureau of Personnel 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 88 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 89 and returns the same with the recommendation that said bill be amended as follows:

89ra
     On page 7, line 21 of the printed bill, after " date. " insert "This Act does not apply to any funds directly held or managed by a governmental agency."

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 90 and returns the same with the recommendation that said bill be amended as follows:

90ra
     On page 1, line 6 of the printed bill, overstrike " consists " and insert " consist ".

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

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill be amended as follows:

70ja
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 36-35-12 be amended to read as follows:

     36-35-12.   The board may issue a license to engage in the practice of massage to any person who submits an application form and the nonrefundable application fee as approved in § 36-35- 17 and who demonstrates the following qualifications:

             (1)      Eighteen years of age or older;

             (2)      Good moral character;

             (3)      High school diploma or equivalent;

             (4)      Completion of no less than five hundred hours of training or study in the practice of massage with a facility or instructor recognized by the board;

             (5)      Absence of unprofessional conduct;

             (6)      Malpractice insurance coverage with limits at or above an amount set by the board; and

             (7)      Passing score on an examination administered by a national certification board accredited by the National Commission of Certifying Agencies and in good standing with the National Organization of Competency Assurance approved by the board in rules promulgated pursuant to chapter 1-26 .

     A license issued under this chapter is valid for a period of two years from the date it was issued and automatically expires unless it is renewed. The board may refuse to grant a license to any person based on failure to demonstrate the requirements of this section. An applicant may appeal the denial of a license in compliance with chapter 1-26.
     Section 2. That § 36-35-17 be amended to read as follows:

     36-35-17.   Any applicant for a license under this chapter shall submit a nonrefundable application fee of one hundred seventy-five dollars. Any person who has a license issued or renewed by the board shall submit a license fee in an amount set by the board, but not to exceed three one hundred dollars.

     Section 3. That § 36-35-19 be amended to read as follows:

     36-35-19.   Any person licensed under this chapter shall complete four hours of continuing education relating to competence in the practice of massage on an annual basis in an amount, of a type , and from a facility or instructor approved by the board. No more than two of the required continuing education hours may be obtained by electronic means. The board may waive the continuing education requirement upon proof of illness or hardship. "


70jta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "revise certain fees, continuing education requirements, and examination requirements for massage therapists."

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 15 and returns the same with the recommendation that said bill be amended as follows:

15ja
     On page 1, line 11 of the printed bill, after " . " insert "The term does not include any person who receives non-credit-bearing or on-the-job training services."

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

Respectfully submitted,
Tom Hansen, Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1028, 1031, 1034, 1051, 1052, 1054, 1071, 1078, 1079, 1085, and 1099 which have passed the House and your favorable consideration is respectfully requested.


 Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Knudson moved that SB 74 and 76 be placed to follow SB 75 and that SB 77 be placed to follow SB 78 on today's calendar.

     Which motion prevailed.

     HCR 1001:   A CONCURRENT RESOLUTION,   Supporting a Taiwan-United States free trade agreement.

     Was read the first time and the President waived the committee referral and placed HCR 1001 on the calendar of Thursday, January 25, the 12th legislative day.

CONSIDERATION OF REPORT OF COMMITTEE


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

     Government Operations and Audit on SB 19 as found on page 200 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 109   Introduced by:  Senators Nesselhuf, Bartling, Dempster, Gant, Garnos, Kloucek, Lintz, and Sutton and Representatives Hargens, Ahlers, Olson (Russell), Pitts, Rounds, and Street

       FOR AN ACT ENTITLED, An Act to   exempt from motor vehicle license fees certain motor vehicles used to transport children to and from certain head start programs.

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


      SB 110   Introduced by:  Senators Koetzle, Abdallah, Bartling, Hanson (Gary), Heidepriem, Hoerth, Jerstad, Kloucek, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Turbak, and Two Bulls and Representatives Miles, Bradford, Burg, Dennert, Elliott, Engels, Feinstein, Gassman, Glenski, Halverson, Hargens, Lucas, Nygaard, Sigdestad, Street, Thompson, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for certain increases in the state minimum wage.

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

     SB 111   Introduced by:  Senator Turbak and Representative Deadrick

       FOR AN ACT ENTITLED, An Act to   codify legislation enacted in 2006.

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

     SB 112   Introduced by:  Senators Katus, Bartling, Dempster, Garnos, Gray, Hanson (Gary), Heidepriem, Hoerth, Hundstad, Jerstad, Kloucek, Knudson, Koetzle, Maher, McCracken, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Sutton, Turbak, and Two Bulls and Representatives Kirkeby, Bradford, Burg, Dennert, DeVries, Dreyer, Elliott, Engels, Feinstein, Gassman, Hargens, Hills, Lucas, Lust, McLaughlin, Nygaard, Olson (Betty), Sigdestad, Thompson, Van Norman, and Weems

       FOR AN ACT ENTITLED, An Act to   authorize funding for certain tribal colleges to defray certain costs associated with educating nonbeneficiary students at tribal colleges and to make an appropriation therefor.

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

     SB 113   Introduced by:  Senators Katus, Jerstad, Kloucek, Koetzle, Maher, and Two Bulls and Representatives Gassman, Elliott, Feinstein, Gillespie, Lucas, Nygaard, and Van Norman

       FOR AN ACT ENTITLED, An Act to   require that certain local government decisions are subject to referendum.

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

     SB 114   Introduced by:  Senators Katus, Kloucek, Maher, and Two Bulls and Representatives Elliott, Bradford, Gassman, Glenski, and Van Norman

       FOR AN ACT ENTITLED, An Act to   authorize the use of certain addresses by persons signing petitions.

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


     SB 115   Introduced by:  Senators Dempster, Albers, Gant, Garnos, Gray, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem, Hunhoff, Knudson, Nesselhuf, Olson (Ed), and Turbak and Representatives Hills, Boomgarden, Cutler, Halverson, Kirkeby, Lucas, McLaughlin, Nelson, Rave, Street, and Vehle

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the rule-making authority of the Board of Education.

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

     SB 116   Introduced by:  Senators Heidepriem, Bartling, Hoerth, Hundstad, Jerstad, Katus, Kloucek, Koetzle, Maher, Nesselhuf, Peterson (Jim), Turbak, and Two Bulls and Representatives Hargens, Bradford, Burg, Dennert, Elliott, Engels, Feinstein, Gassman, Gillespie, Glenski, Halverson, Lucas, Miles, Nygaard, Sigdestad, Street, and Thompson

       FOR AN ACT ENTITLED, An Act to   provide a legislative deadline for the adoption of the budget for the Department of Education.

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

     SB 117   Introduced by:  Senators Heidepriem, Bartling, Hanson (Gary), Hoerth, Hundstad, Jerstad, Katus, Kloucek, Koetzle, Maher, Nesselhuf, Peterson (Jim), Turbak, and Two Bulls and Representatives Hargens, Ahlers, Bradford, Burg, Dennert, Elliott, Engels, Feinstein, Gassman, Gillespie, Glenski, Halverson, Lucas, Miles, Moore, Nygaard, Sigdestad, Street, and Thompson

       FOR AN ACT ENTITLED, An Act to   increase general funding for school districts, to impose a temporary limit on the growth of state general fund spending, and to suspend the transfer of moneys from the general fund to the budget reserve fund, and to the property tax reduction fund.

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

     SB 118   Introduced by:  Senators McCracken, Dempster, Duenwald, Gray, Hansen (Tom), Hanson (Gary), Olson (Ed), and Peterson (Jim) and Representatives Dykstra, Burg, Cutler, Dreyer, Faehn, Glenski, Halverson, Hargens, Juhnke, Miles, Rausch, Rave, Street, Tidemann, and Willadsen

       FOR AN ACT ENTITLED, An Act to   permit the Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new environmental measures.

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

     SB 119   Introduced by:  Senators Smidt (Orville), McCracken, McNenny, and Napoli and Representatives Tidemann, Davis, Glenski, and Rausch

       FOR AN ACT ENTITLED, An Act to   establish a pilot project for an alternative care program for adults with substance abuse issues, to provide for a report to the Legislature, and to make an appropriation therefor.

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

     SB 120   Introduced by:  Senators Kloucek, Bartling, Gray, Greenfield, Heidepriem, Hoerth, Katus, Napoli, and Schmidt (Dennis) and Representatives Putnam, Boomgarden, DeVries, Elliott, Feinstein, Gassman, Gillespie, Halverson, and Olson (Betty)

       FOR AN ACT ENTITLED, An Act to   extend coverage of South Dakota's vehicle lemon law to large trucks and semi truck tractors.

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

     SB 121   Introduced by:  Senators Kloucek, Katus, Maher, and Two Bulls and Representatives Gassman, Bradford, Feinstein, Lucas, Nygaard, and Van Norman

       FOR AN ACT ENTITLED, An Act to   require financial assurances for certain concentrated animal feeding operations for the remediation of potential environmental damage.

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

     SB 122   Introduced by:  Senators Kloucek and Katus and Representative Lucas

       FOR AN ACT ENTITLED, An Act to   revise the provisions for maintaining recognition as a political party.

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

     SB 123   Introduced by:  Senators Albers, Abdallah, Apa, Bartling, Gant, Gray, Nesselhuf, and Olson (Ed) and Representatives Hargens, Cutler, Deadrick, Dykstra, Gillespie, Lust, Moore, Pederson (Gordon), Rave, Weems, and Willadsen

       FOR AN ACT ENTITLED, An Act to   provide that sheriffs receive payment for marshaling assets for an execution of judgment or execution sale even if no sale occurs.

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

     SB 124   Introduced by:  Senators Koetzle and Hoerth and Representatives Lucas and Elliott

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions relating to the right to work upon the contingency of repealing the right to work provisions of the Constitution.

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

     SJR 12   Introduced by:  Senators Koetzle and Hoerth and Representatives Lucas and Elliott

       A JOINT RESOLUTION,   To propose a constitutional amendment to repeal the right to work provisions of the State Constitution.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1028:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of physician assistants.

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

     HB 1031:   FOR AN ACT ENTITLED, An Act to   provide for the regulation of telepharmacy and to establish a fee therefor.

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

     HB 1034:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the data submission requirements for the state accreditation of schools.

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

     HB 1051:   FOR AN ACT ENTITLED, An Act to   revise certain requirements regarding the licensing of insurance producers.

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

     HB 1052:   FOR AN ACT ENTITLED, An Act to   revise the requirements for coordination of benefits between health plans.

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


      HB 1054:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for the independent audit of insurers.

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

     HB 1071:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the title of initiated measures and the filing of initiated measures.

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

     HB 1078:   FOR AN ACT ENTITLED, An Act to   allow tribal agencies that provide child welfare services to obtain results from a check of the central registry for abuse and neglect.

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

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

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

     HB 1085:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the transfer of title.

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

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

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 8:   FOR AN ACT ENTITLED, An Act to   regulate natural gas produced with water unless the gas is used for personal purposes.

     Was read the second time.

     The question being "Shall SB 8 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Hundstad; Sutton; 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 72:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the liens on vehicles for the costs of removal and storage of the vehicles.

     Was read the second time.

     The question being "Shall SB 72 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Hundstad; Sutton; 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 71:   FOR AN ACT ENTITLED, An Act to   repeal certain statutes and references regarding obsolete accounting funds.

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

     The question being "Shall SB 71 pass?"


     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Hundstad; Sutton; 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 78:   FOR AN ACT ENTITLED, An Act to   revise the rights of creditors of limited liability companies.

     Was read the second time.

     The question being "Shall SB 78 pass?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Nays:
Kloucek

     Excused:
Hundstad; Sutton; 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 77:   FOR AN ACT ENTITLED, An Act to   provide for an exclusive remedy for judgment creditors of limited partnerships.

     Was read the second time.


     The question being "Shall SB 77 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Nays:
Kloucek

     Excused:
Hundstad; Sutton; 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 9:   FOR AN ACT ENTITLED, An Act to   require water pollution control permits for certain concentrated animal feeding operations.

     Was read the second time.

     The question being "Shall SB 9 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Hundstad; Maher; Sutton; 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 18:   FOR AN ACT ENTITLED, An Act to   revise the chiropractic scope of practice.

     Was read the second time.

     The question being "Shall SB 18 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Greenfield; Hundstad; Sutton; 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 64:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the consideration of assets for the purpose of long term care eligibility.

     Was read the second time.

     The question being "Shall SB 64 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Nays:
Napoli

     Excused:
Hundstad; Sutton; 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 65:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reimbursement for medical assistance made by certain insurers to the state.

     Was read the second time.

     The question being "Shall SB 65 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Hundstad; Sutton; 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.

     Sen. Hunhoff moved that SB 75 be placed to precede SB 76 on today's calendar.

     Which motion prevailed.

     SB 74:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding health care decisions for persons incapable of giving consent.

     Was read the second time.

     The question being "Shall SB 74 pass?"

     And the roll being called:

     Yeas 21, Nays 10, Excused 4, Absent 0

     Yeas:
Bartling; Dempster; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Smidt (Orville); Turbak

     Nays:
Albers; Apa; Duenwald; Gant; Greenfield; Kloucek; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis)


     Excused:
Abdallah; Hundstad; Sutton; 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 75:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding living wills.

     Was read the second time.

75rb

     Sen. McNenny moved that SB 75 be further amended as follows:

     On page 6 of the Senate Judiciary Committee engrossed bill, delete lines 16 to 21 , inclusive.

     Which motion lost.

     The question being "Shall SB 75 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 8, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Turbak

     Nays:
Apa; Duenwald; Gant; Greenfield; Kloucek; McNenny; Napoli; Schmidt (Dennis)

     Excused:
Hundstad; Sutton; 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 76:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding health care decisions by agents.

     Was read the second time.
76ja

     Sen. Duenwald moved that SB 76 be amended as follows:

     On page 2, line 18 of the printed bill, delete " The " and insert " There is clear and convincing evidence that the ".

     Sen. Greenfield requested that Joint Rule 5-17 be invoked on SB 76.

     Which request was supported and SB 76 with Sen. Duenwald's pending motion to amend was deferred until Friday, January 26, the 13th legislative day.

     SB 80:   FOR AN ACT ENTITLED, An Act to   increase the fees permitted to recover reasonable costs and expenses on dishonored checks.

     Was read the second time.

     The question being "Shall SB 80 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Excused:
Hundstad; Sutton; 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 HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1007:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning election deadlines and time frames.

     Was read the second time.

     The question being "Shall HB 1007 pass?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Nays:
Greenfield

     Excused:
Hundstad; Sutton; 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.

     Sen. Hauge moved that the Senate do now adjourn, which motion prevailed and at 3:37 p.m. the Senate adjourned.

Trudy Evenstad, Secretary