Senate Journal 2/2/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 2, 2011

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

The prayer was offered by the Chaplain, Pastor Wes LaBrier, followed by the Pledge of Allegiance led by Senate page Samantha White.

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 fourteenth 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,

Which motion prevailed.

The President introduced the 2009-2010 Outstanding School Administrators of South Dakota: Dean Christensen, Deuel, School Superintendent; Susan Proefrock, Belle Fourche, School Business Official; Micy Highstreet, Tri-Valley, Elementary School Principal; Steve Benson, Deuel, Secondary School Principal; Kyley Cumbow, Pierre, Assistant Middle School Principal; Becky Guffin, Aberdeen, Curriculum Director, and Kristi Wallin, Lennox, Director of Special Education for being named outstanding administrators by their respective administrator parent groups to the body.

REPORTS OF STANDING COMMITTEES

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 do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1025 and 1028 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 Taxation respectfully reports that it has had under consideration SB 78 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1013 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1011 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 139 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, after "approved" insert "and annually reviewed".

On page 1, line 8, after "veterans." insert "The South Dakota Department of Veterans Affairs shall provide an annual report to the Governor and Legislature by December first of each year outlining the scope and effectiveness of the medical foster home program in South Dakota."

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 128 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 120 and 122 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 108 and 112 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 Local Government respectfully reports that it has had under consideration SB 97 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 14 and 15 and insert "school district. The local board of equalization for the township shall meet at the office of the township clerk or the location established pursuant to § 8-3-1 by the township board."

On page 2, line 1, delete "the township.".

On page 1, line 9, of the printed bill, delete "one member" and insert "two members".

On page 1, line 10, delete "four" and insert "three".

And that as so amended said bill do pass.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 93 and 144 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 162 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 2 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1003 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1005, 1015, 1045, 1052, 1080, 1092, and 1119 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m., Thursday, February 3, the 16^th legislative day.

Which motion prevailed.

SCR 5 Introduced by: Senators Rave, Cutler, Holien, Hunhoff (Jean), and Kraus and Representatives Boomgarden, Blake, Feinstein, Hubbel, Moser, Rozum, and Stricherz

A CONCURRENT RESOLUTION, Recognizing February 4, 2011, as Wear Red Day and urging citizens of the state to be aware of cardiovascular disease in order to save lives.

WHEREAS, cardiovascular disease is the leading cause of death in South Dakota and the nation; and

WHEREAS, cardiovascular disease is the nation's costliest disease with direct and indirect costs estimated to be two hundred twenty-eight billion dollars; and

WHEREAS, nearly two thousand two hundred Americans die of cardiovascular disease each day, an average of one death every thirty-nine seconds; and

WHEREAS, nearly one in three deaths due to cardiovascular disease occur before the age of seventy-five years; and

WHEREAS, an estimated seven hundred eighty-five thousand people in the United States will have a new coronary attack and an estimated four hundred seventy thousand people nationwide will have a recurrent attack; and

WHEREAS, the research is clear that there are preventive strategies, as well as community-based strategies, that can increase survival rates from cardiovascular disease; and

WHEREAS, the American Heart Association's 2020 impact goal seeks to improve the cardiovascular health of all Americans by twenty percent while reducing deaths from cardiovascular diseases and stroke by twenty percent through research, population-level and community-level interventions, public health, and policy measures; and

WHEREAS, efforts of the American Heart Association encourage citizens to help save lives by calling 911 if symptoms occur, become trained in Cardiac Pulmonary Resuscitation, and develop comprehensive automated external defibrillator programs in their communities; and

WHEREAS, the American Heart Association is celebrating February 2011 as American Heart Month and promoting education and awareness by encouraging citizens to learn the warning signs of heart attack and stroke:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, in recognition of the importance of the ongoing fight against cardiovascular disease, that February 4, 2011, be recognized as Wear Red Day.

Was read the first time, the President waived the referral to committee, and placed SCR 5 on the calendar of Thursday, February 3, the 16^th legislative day.

HCR 1003: A CONCURRENT RESOLUTION, Requesting the Federal Communications Commission to make substantive changes to the National Broadband Plan.

Was read the first time, the President waived the referral to committee, and placed HCR 1003 on the calendar of Thursday, February 3, the 16^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on SB 43 as found on page 273 of the Senate Journal; also

Commerce and Energy on SB 70 as found on page 275 of the Senate Journal; also

Education on SB 72 as found on page 271 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of Jeffrey R. Vonk of Hughes County, Pierre, South Dakota, as Secretary of the Department of Game, Fish and Parks.

The question being "Does the Senate advise and consent to the executive reappointment of Jeffrey R. Vonk pursuant to the executive message as found on page 170 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Cutler

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to private shooting preserves.

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

HB 1015: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

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

HB 1045: FOR AN ACT ENTITLED, An Act to authorize dental hygienists to provide preventive and therapeutic services to more persons under certain circumstances.

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

HB 1052: FOR AN ACT ENTITLED, An Act to revise the allowable ratio of pharmacy technicians to pharmacists.

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

HB 1080: FOR AN ACT ENTITLED, An Act to modify the date on which the annual financial reports of school districts are considered past due.

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

HB 1092: FOR AN ACT ENTITLED, An Act to revise the time frame for conducting hearings to vacate municipal streets or alleys.

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

HB 1119: FOR AN ACT ENTITLED, An Act to revise the procedure for reissuing certain alcoholic beverage licenses.

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

The President introduced Representative Kristi Noem, U.S. Congresswoman from South Dakota, who spoke to the body.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 4: FOR AN ACT ENTITLED, An Act to update certain standards governing pedestrian control signals.

Was read the second time.

The question being "Shall SB 4 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

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 provide that interest paid on negative balances in employers' experience rating accounts be credited to their experience rating accounts.

Was read the second time.

The question being "Shall SB 64 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 county veterans memorials.

Was read the second time.

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

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 89: FOR AN ACT ENTITLED, An Act to clarify a municipality's ability to assess a fee for street maintenance.

Was read the second time.

The question being "Shall SB 89 pass as amended?"

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 106: FOR AN ACT ENTITLED, An Act to provide for reciprocal nonresident trapping licenses.

Was read the second time.

The question being "Shall SB 106 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.

HB 1004: FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2010.

Was read the second time.

The question being "Shall HB 1004 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.

HB 1018: FOR AN ACT ENTITLED, An Act to provide for a partial early final discharge from parole.

Was read the second time.

The question being "Shall HB 1018 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.

HB 1020: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the disclosure of parole eligibility at sentencing.

Was read the second time.

The question being "Shall HB 1020 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.

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the inspection of parole files.

Was read the second time.

The question being "Shall HB 1021 pass as amended?"

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that SB 33 be deferred to Monday, February 7, the 17^th legislative day.

Which motion prevailed.

SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of the state seal.

Was read the second time.

Sen. Rave moved that SB 3 be further amended as follows:

On page 1, line 14, of the Senate State Affairs Committee engrossed bill, after "." insert "Any fee collected pursuant to this section shall be deposited in the South Dakota state seal preservation fund."

On page 3, after line 20, insert:

"Section 12. There is hereby created within the state treasury the South Dakota state seal preservation fund to be administered by the Office of the Secretary of State for the purpose of the preservation and reproduction of the state seal of South Dakota. All moneys in the South Dakota seal preservation fund are subject to appropriation by the Legislature through the General Appropriations Act or special appropriations. Any interest earned on money in the fund shall be credited to the fund."

Which motion prevailed.

The question being "Shall SB 3 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tieszen; Vehle

Nays:
Peters; Tidemann

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 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime of taking pictures without consent and to provide for a felony penalty under certain circumstances.

Was read the second time.

The question being "Shall SB 35 pass as amended?"

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 88: FOR AN ACT ENTITLED, An Act to revise certain penalties involving the bribery of a voter.

Was read the second time.

Sen. Buhl moved that SB 88 be further amended as follows:

On page 1, line 7 of the Senate State Affairs Committee Engrossed bill, after "person," overstrike "to".

On page 1, delete lines 8 to 12, inclusive, and insert:

"~~induce such voter to vote or refrain~~ as a condition of voting or refraining from voting at any election or ~~to induce any voter to vote or refrain~~ as a condition of voting or refraining from voting at ~~such~~ the election for any particular person or ~~to induce such~~ as a condition of the voter to go to the polls or remain away from the polls at ~~such~~ the election, ~~or on account of such~~ as a condition of the voter having voted, refrained from voting or having voted or refrained from voting for any particular person, or as a condition of having gone to the ".

On page 2, delete line 2, and insert "for any other person ~~in order to induce such voter to vote or refrain~~ as a condition of voting or refraining from voting".

On page 2, delete line 5, and insert "for, or with any person ~~in order to induce such person to procure or endeavor~~ as a condition of procuring or endeavoring to".

Sen. Frerichs requested a roll call vote.

Which request was supported.

The question being on Sen. Buhl's motion that SB 88 be further amended.

And the roll being called:

Yeas 8, Nays 27, Excused 0, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Frerichs; Hundstad; Sutton; Tieszen; Vehle

Nays:
Begalka; Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann

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

The question being "Shall SB 88 pass as amended?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen; Vehle

Nays:
Bradford; Buhl; Frerichs; Hundstad; Sutton

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 concerning tax incremental districts.

Was read the second time.

Sen. Gray moved that SB 90 be further amended as follows:

On page 6, line 16, of the Senate State Affairs Committee engrossed bill, after "bonds" insert ". However, in no event may the positive tax increments be allocated longer than twenty years after the calendar year of creation".

On page 9, after line 21, insert:

"Section 20. That § 11-9-45 be amended to read as follows:

11-9-45. After all project costs and all tax incremental bonds ~~and notes~~ of the district have been paid or provided for subject to any agreement with bondholders, if any moneys remain in the fund, they shall be paid to the treasurer of each county, school district, or other tax-levying municipality or to the general fund of the municipality in such amounts as belong to each respectively, having due regard for what portion of such moneys, if any, represents tax increments not allocated to the municipality and what portion thereof, if any, represents voluntary deposits of the municipality into the fund. "

Which motion prevailed.

The question being "Shall SB 90 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Hundstad

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 certain provisions regarding the authority of the secretary of transportation to create limited speed zones through highway work areas and to declare an emergency.

Was read the second time.

The question being "Shall SB 28 pass?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Brown; Peters; Putnam

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 75: FOR AN ACT ENTITLED, An Act to revise the requirements for the annual conference held for the directors of equalization.

Was read the second time.

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

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
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 137: FOR AN ACT ENTITLED, An Act to require school districts and regental institutions to adopt a policy prohibiting hazing.

Was read the second time.

Sen. Adelstein moved that SB 137 be placed to follow 1019 on today's calendar.

Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1017: FOR AN ACT ENTITLED, An Act to authorize the release of offender photographs and physical description for purposes of victim and community notification.

Was read the second time.

The question being "Shall HB 1017 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Adelstein; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Begalka

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 1019: FOR AN ACT ENTITLED, An Act to include employees responsible for persons on supervised release or probation and members of the Board of Pardons and Paroles in protections afforded law enforcement and judicial officers.

Was read the second time.

The question being "Shall HB 1019 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Bradford

Excused:
Nygaard

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
(continued)

SB 137: FOR AN ACT ENTITLED, An Act to require school districts and regental institutions to adopt a policy prohibiting hazing.

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

Sen. Adelstein moved that SB 137 be amended as follows:

On page 1, line 5, of the printed bill, after "prohibiting hazing" insert "and bullying".

On page 1, line 10, before "." insert "and bullying".

Which motion lost.

The question being "Shall SB 137 pass?"

And the roll being called:

Yeas 17, Nays 18, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Heineman; Holien; Hundstad; Lederman; Nygaard; Rave; Schlekeway; Sutton; Tidemann

Nays:
Brown; Garnos; Hansen (Tom); Haverly; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rhoden; Tieszen; Vehle

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

Sen. Gray announced his intention to reconsider the vote by which SB 137 lost.

Sen. Hunhoff moved that the Senate do now adjourn, which motion prevailed and at 4:09 p.m. the Senate adjourned.

Trudy Evenstad, Secretary