JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 17, 2010

    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 Leah Wienbar.

    Roll Call: All members present except Sen. Gillespie who was 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 twenty-first 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.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 133 and HB 1103 and 1166 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill be referred to the Committee on Health and Human Services.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 146 which was tabled.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 175 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 154 and 158 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 189 which was tabled.

Respectfully submitted,
Stanford M. Adelstein, Chair
Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 53 and 65 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 SJR 5 and returns the same with the recommendation that said resolution be amended as follows:

J5ua

    On page 1, line 14, of the printed resolution, delete everything after "approve" and insert
", disapprove, or otherwise affect".

    And that as so amended said resolution do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 49 and returns the same with the recommendation that said bill be amended as follows:

49uc

    On page 2 of the printed bill, delete line 18.

49ua

    On page 2, between lines 11 and 12 of the printed bill, insert:

    "Operating Expenses, Other Funds, delete "$171,023" and insert "$3,171,023"".


49ub

    On page 3, between lines 1 and 2 of the printed bill, insert:

    "Section 7. That section 9 of chapter 22 of the 2009 Session Laws be amended to read as follows:

DEPARTMENT OF LABOR

    (1) Administration, Secretary of Labor

        Operating Expenses, Federal Funds, delete "$16,019,146" and insert "$18,519,146"

Adjust all totals accordingly."


49ma

    On page 3, between lines 14 and 15 of the printed bill, insert:

    "Section 9. That section 13 of chapter 22 of the 2009 Session Laws be amended to read as follows:

BOARD OF REGENTS

    (1) Regents Central Office

        Operating Expenses, General Funds, delete "$10,149,282" and insert "$10,827,118"

Adjust all totals accordingly."


    On page 5, between lines 6 and 7, insert:

    "Personal Services, General Funds, delete "$3,045,877" and insert "$2,368,041"".


49mc

    On page 4 of the printed bill, delete lines 1 and 2, and insert:

    "Personal Services, Federal Funds, delete "$8,929,386" and insert "$14,116,886"

        Personal Services, Other Funds, delete "$54,065,934" and insert "$65,065,934"

        Operating Expenses, General Funds, delete "$519,048" and insert "$359,215"

        Operating Expenses, Federal Funds, delete "$28,220,473" and insert "$35,532,973"

        Operating Expenses, Other Funds, delete "$56,142,859" and insert "$67,342,859"

        F.T.E., delete "1,740.3" and insert "1,830.3"

Adjust all totals accordingly."


    On page 4, between lines 2 and 3, insert:

    "Section 11. That section 13 of chapter 22 of the 2009 Session Laws be amended to read as follows:

BOARD OF REGENTS

    (7) Agriculture Experiment Station

        Personal Services, Federal Funds, delete "$6,666,515" and insert "$7,366,515"

        Personal Services, Other Funds, delete "$4,416,394" and insert "$5,816,394"

        Operating Expenses, Federal Funds, delete "$6,260,134" and insert "$7,160,134"

        Operating Expenses, Other Funds, delete "$6,101,541" and insert "$8,201,541"

Adjust all totals accordingly."


49ba

    On page 10, between lines 11 and 12 of the printed bill, insert:

    "Section 34. That section 19 of chapter 22 of the 2009 Session Laws be amended to read as follows:

UNIFIED JUDICIAL SYSTEM

    (2) Unified Judicial System

        Operating Expenses, Other Funds, delete "$5,393,204" and insert "$5,548,204"

Adjust all totals accordingly."


DESCRIPTION: To add other fund authority for child support modification referees.

    And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1126 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 SB 184 and returns the same with the recommendation that said bill be amended as follows:


184fb

    On page 2 of the printed bill, delete lines 1 to 24, inclusive, and insert "46A-3A-7.1, inclusive, is not considered a new taxing district created on the date specified pursuant to § 46A-3A-1. If any water development district levied a tax pursuant to chapter 10-13 in a manner used by a new taxing district for taxes payable in 2010, such water development district shall revert to the amount of revenue payable to the district for taxes payable in 2009 including any excess levy approved pursuant to § 10-13-36 before July 1, 2002. The water development district may adjust the maximum amount of revenue payable for property taxes based on the growth and index factor for each year thereafter. Any excess levy approved by the water development district pursuant to § 10-13-36 before July 1, 2002, is null and void.

    Section 2. That § 46A-3A-16 be amended to read as follows:

    46A-3A-16. After a water development district has been established pursuant to the provisions of chapters 46A-3A to 46A-3E, inclusive, any county, township, or group of townships contiguous to the external boundary of the water development district may be added to and become a part of that water development district by an affirmative vote of at least sixty percent a majority of the votes cast on the question in the area proposed for addition, if the board of directors of the water development district to which any addition is to be made by resolution advises the Board of Water and Natural Resources that the water development district board favors the addition. Any county or that entire portion of a county included within a water development district may be withdrawn from a water development district by an affirmative vote of at least sixty percent a majority of the votes cast on the question in the county proposed for withdrawal. Proposals for additions or withdrawals shall be in the form of a written resolution or petition to the Board of Water and Natural Resources and.

    The resolution shall be approved with an affirmative four-fifths vote of the governing body of a county.

    The petition shall be signed by a number of qualified voters in the area proposed for the addition or withdrawal equal to at least fifteen five percent of the number of votes cast within the area in the most recent gubernatorial election. The county auditor in each county where a petition is circulated shall verify the signatures on the petition.

    The resolution or petition shall include a statement whether the election is for the purpose of becoming a part of an existing water development district or withdrawing from an existing water development district and a statement describing the purpose of the action. The resolution or petition shall be presented to the Board of Water and Natural Resources not more than one hundred twenty days nor less than ninety days before a regularly scheduled general election. Upon receipt of the resolution or petition, the Board of Water and Natural Resources shall call an election on the question of whether the addition or withdrawal should be made. The election shall be held in conjunction with the next regularly scheduled general election. "

    On page 3, delete lines 1 to 11, inclusive.

184fta

    On page 1, line 2, of the printed bill, delete "formation of" and insert "addition and withdrawal of territory for".

    And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 89 and 134 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill be amended as follows:

21ob

    On page 2, line 16, of the Senate Retirement Laws Committee engrossed bill, delete ", specifically including the enactments' effect in".

    On page 2, line 17, delete "regard to Royal Dutch Shell, Petrobras, and Total,".

    On page 2, line 22, delete "." and insert ".".

    On page 2, delete lines 23 and 24.

    On page 3, delete lines 1 and 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 166 and returns the same with the recommendation that said bill be amended as follows:

166oa

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

    On page 2, delete line 5.
    On page 2, line 6, delete "and payment".

    On page 2, line 6, delete "to" and insert "of".

    On page 2, line 8, after "." insert "Benefit payments and administrative expenses of the state cement plant retirement plan shall be paid from that plan's member trust fund. No funds for the payment of such benefits or administrative expenses may be transferred from the member trust fund created in chapter 3-12."

    On page 3, line 3, delete "claims" and insert "coverage".

    On page 3, line 11, after "to" insert "a new".

    On page 3, line 11, delete "3-12".

    On page 3, after line 13, insert:

    "Section 10. The South Dakota Retirement System Board of Trustees may adopt, pursuant to chapter 1-26, such rules as may be necessary to establish uniform procedures for the administration of the retirement benefits of former employees of the state cement plant retirement plan."


    And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 180 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

MESSAGE FROM THE HOUSE

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1093, 1104, 1160, 1179, 1180, 1206, 1231, and 1257 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Yesterday, Sen. Adelstein announced his intention to reconsider the vote by which SB 152 lost.

    No member moved to reconsider the vote by which SB 152 lost.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Commerce on SB 188 as found on page 327 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1093: FOR AN ACT ENTITLED, An Act to revise the open meeting requirement to permit the use of teleconferencing for rule-making and other purposes.

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

    HB 1104: FOR AN ACT ENTITLED, An Act to limit the source of recovery in certain civil actions for childhood sexual abuse injuries.

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

    HB 1160: FOR AN ACT ENTITLED, An Act to allow a home school student to participate in the opportunity scholarship program under certain circumstances.

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

    HB 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the period within which tax deeds may be procured.

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

    HB 1180: FOR AN ACT ENTITLED, An Act to provide for the issuance of an on-sale license and malt beverage license for the county fairgrounds and to authorize counties to issue an additional on-sale license.

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

    HB 1206: FOR AN ACT ENTITLED, An Act to provide that incontestability provisions in certain life insurance policies do not apply in cases of fraud.

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

    HB 1231: FOR AN ACT ENTITLED, An Act to provide for the monitoring of the prescribing and dispensing of controlled substances.

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

    HB 1257: FOR AN ACT ENTITLED, An Act to remove certain provisions relating to countersignatures for insurance producers.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Kloucek requested that HB 1096 be removed from the Consent Calendar.

    SB 168: FOR AN ACT ENTITLED, An Act to increase the amount of coverage provided by the South Dakota Life and Health Insurance Guaranty Association for long-term care insurance.

    Was read the second time.

    The question being "Shall SB 168 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle


    Excused:
Garnos; Gillespie; Haverly; Hunhoff (Jean)

    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 2: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcoholic beverage control and licensing laws.

    Was read the second time.

    The question being "Shall SB 2 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Gillespie; Haverly; Hunhoff (Jean)

    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 192: FOR AN ACT ENTITLED, An Act to modify distributions from the wind energy tax fund.

    Was read the second time.

    The question being "Shall SB 192 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Gillespie; Haverly; Hunhoff (Jean)

    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 authorize certain exceptions to the nursing facility moratorium.

    Was read the second time.

    The question being "Shall SB 69 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Gillespie; Haverly; Hunhoff (Jean)

    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 101: FOR AN ACT ENTITLED, An Act to authorize certain school districts to conduct pilot school board elections during 2011 using voting centers and electronic records.

    Was read the second time.

    The question being "Shall SB 101 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Nays:
Kloucek

    Excused:
Gillespie

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

    The question being on the title.

101tta

    Sen. Gant moved that the title to SB 101 be amended as follows:

    On page 1, line 1, of the Senate Local Government Committee engrossed bill, delete "pilot".

    Which motion prevailed.

    SB 137: FOR AN ACT ENTITLED, An Act to nullify certain federal health care laws within the state of South Dakota.

    Was read the second time.

    Sen. Jerstad requested a fiscal note on SB 137.

    Which request was supported.

    Sen. Knudson moved that SB 155 be deferred to Thursday, February 18, the 23rd legislative day.

    Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1034: FOR AN ACT ENTITLED, An Act to authorize the collection of a mailing fee if plates or decals are mailed to certain dealers, motor carrier applicants, and boat owners.

    Was read the second time.

    The question being "Shall HB 1034 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Gillespie; Haverly; Hunhoff (Jean)

    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 1045: FOR AN ACT ENTITLED, An Act to revise the definition of anabolic steroid, to provide for the scheduling of tapentadol, lacosamide, and fospropofol as controlled substances, and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1045 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Gillespie; Haverly; Hunhoff (Jean)

    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 1094: FOR AN ACT ENTITLED, An Act to subject the gross receipts of contractors engaged in realty improvement contracts for certain municipal utilities to the contractor's excise tax instead of the alternative contractor's excise tax and to declare an emergency.

    Was read the second time.

    President Pro Tempore Gray now presiding.

    The question being "Shall HB 1094 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Gillespie; Haverly; Hunhoff (Jean)

    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 1108: FOR AN ACT ENTITLED, An Act to revise the definition of general fund base percentage in the calculation of state aid to education.

    Was read the second time.

    The question being "Shall HB 1108 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Gillespie; Haverly; Hunhoff (Jean)

    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 1120: FOR AN ACT ENTITLED, An Act to revise certain provisions and assessments related to the South Dakota Oilseeds Council.

    Was read the second time.

    The question being "Shall HB 1120 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 2, Excused 1, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Nays:
Kloucek; Novstrup (Al)

    Excused:
Gillespie

    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 1190: FOR AN ACT ENTITLED, An Act to revise the high school course requirements and the requirements necessary to maintain eligibility for the South Dakota opportunity scholarship program.

    Was read the second time.

1190ce

    Sen. Knudson moved that HB 1190 be further amended as follows:

    On page 8 of the House Education Committee engrossed bill, delete lines 20 to 24, inclusive, and insert:

    "(2)    Complete fifteen credit hours of instruction per semester. The student shall enroll in and complete at least fifteen credit hours of instruction in each consecutive spring and fall term. Earn thirty-two credit hours prior to the beginning of the second year of instruction, sixty-four credit hours prior to the beginning of the third year of instruction, and ninety-six credit hours prior to the fourth year of instruction. If the executive director of the Board of Regents determines that a student's failure to enroll or to maintain continued enrollment occurred as a direct result of legitimate factors outside the student's control, or has resulted from the student's participation in an activity that in the executive director's judgment provides knowledge or experience that will enhance the student's academic pursuits, the executive director may extend the student's eligibility to participate in the program for up to two additional years, if the student does not enroll in a noneligible institution; and."


    On page 9, delete lines 1 to 17, inclusive.

    Which motion lost.

    The question being "Shall HB 1190 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 3, Excused 1, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Nays:
Haverly; Knudson; Schmidt

    Excused:
Gillespie

    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. Knudson moved that the Senate do now adjourn, which motion prevailed and at 3:29 p.m. the Senate adjourned.

Trudy Evenstad, Secretary