JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION




TENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 23, 2008

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

     The prayer was offered by the Chaplain, Rev. Jenny Hallenbeck, followed by the Pledge of Allegiance led by Senate page Alex Beres.

     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,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 127 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 140 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 Taxation respectfully reports that it has had under consideration SB 110 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  126 and 148 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 107 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 131 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 Local Government respectfully reports that it has had under consideration SB 151 and returns the same with the recommendation that said bill be amended as follows:

151fa

    On page 2, line 9, of the printed bill, delete " and new consumer " and insert " customer and new primary service connection ".

    And that as so amended said bill do pass.

Respectfully submitted,
Kenneth Albers, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 65, 69, and 84 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 62 and 86 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1035, 1036, 1092, and 1108 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to return herewith SCR 1 and 2 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk


CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on SB 35 as found on page 173 of the Senate Journal ; also

     Transportation on SB 64 as found on page 172 of the Senate Journal ; also

     Commerce on SB 97 as found on page 174 of the Senate Journal ; also

     Agriculture and Natural Resources on SB 111 as found on page 173 of the Senate Journal ; also

     Transportation on SB 139 as found on page 172 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 172  Introduced by:  Senators Abdallah, Apa, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem, Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Knudson, Koetzle, Lintz, Maher, McCracken, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Smidt (Orville), Sutton, Turbak Berry, and Two Bulls and Representatives Gilson, Ahlers, Boomgarden, Bradford, Brunner, Buckingham, Burg, Cutler, Dennert, Elliott, Engels, Faehn, Feinstein, Gassman, Gillespie, Glenski, Gosch, Hackl, Halverson, Hargens, Haverly, Hills, Howie, Hunt, Jerke, Kirkeby, Koistinen, Krebs, Lucas, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Olson (Betty), Peters, Putnam, Rave, Sigdestad, Steele, Street, Thompson, Turbiville, Van Etten, Van Norman, Vanneman, Weems, Wick, and Willadsen

     FOR AN ACT ENTITLED, An Act to appropriate money to the Department of Public Safety to fund the South Dakota Highway Patrol.

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

     SB 173  Introduced by:  Senators Hansen (Tom) and Hanson (Gary) and Representatives Halverson, Deadrick, and Sigdestad

     FOR AN ACT ENTITLED, An Act to exempt certain dairies from the restrictions of the Family Farm Act.

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



     SB 174  Introduced by:  Senators Hansen (Tom), Abdallah, Albers, Bartling, Dempster, Duenwald, Gant, Garnos, Greenfield, Hanson (Gary), Hauge, Hunhoff, Koetzle, McCracken, Olson (Ed), Peterson (Jim), and Sutton and Representatives Rave, Boomgarden, Brunner, Burg, Cutler, Davis, Deadrick, Dennert, Dykstra, Faehn, Gassman, Gilson, Glenski, Halverson, Hargens, Haverly, Heineman, Juhnke, Kirkeby, Krebs, McLaughlin, Miles, Moore, Noem, Novstrup (Al), Novstrup (David), Olson (Russell), Pederson (Gordon), Peters, Steele, Street, Van Etten, Vanneman, Weems, Wick, and Willadsen

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the exercise of eminent domain by railroads.

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

     SB 175  Introduced by:  Senators Abdallah, Heidepriem, Knudson, and McCracken and Representatives Rave, Engels, Hargens, McLaughlin, and Vehle

     FOR AN ACT ENTITLED, An Act to direct the Office of the Attorney General to study the creation of a state medical examiner system and to provide an appropriation therefor.

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

     SB 176  Introduced by:  Senators Hunhoff, Abdallah, Albers, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem, Hoerth, Hundstad, Jerstad, Katus, Kloucek, Knudson, Koetzle, Lintz, Maher, McCracken, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Smidt (Orville), Sutton, Turbak Berry, and Two Bulls and Representatives Burg, Ahlers, Bradford, Brunner, Buckingham, Carson, Cutler, Davis, Dennert, DeVries, Dreyer, Dykstra, Elliott, Engels, Faehn, Feinstein, Gassman, Gillespie, Gilson, Glenski, Gosch, Hackl, Halverson, Hargens, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lust, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Nygaard, Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rhoden, Rounds, Sigdestad, Steele, Street, Thompson, Tidemann, Turbiville, Van Etten, Van Norman, Vanneman, Vehle, Weems, Wick, and Willadsen

     FOR AN ACT ENTITLED, An Act to authorize the Legislative Research Council to remodel, renovate, and furnish certain facilities on the fourth floor of the State Capitol Building for use by the Legislature, and to make an appropriation therefor.

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

     SB 177  Introduced by:  Senators Jerstad, Duenwald, Hunhoff, Nesselhuf, Smidt (Orville), and Turbak Berry and Representatives Pitts, Brunner, Feinstein, Nygaard, Olson (Betty), Rounds, and Van Etten


     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disposal of abandoned tenant's property left on leased residential premises.

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

     SB 178  Introduced by:  Senators Peterson (Jim), Bartling, and Hanson (Gary) and Representatives Halverson, Gassman, Hargens, Sigdestad, and Street

     FOR AN ACT ENTITLED, An Act to provide for incentives for the development of certain power production facilities utilizing renewable resources.

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

     SB 179  Introduced by:  Senators Kloucek, Hanson (Gary), and Hoerth and Representatives Feinstein, Burg, Gassman, Gillespie, Nygaard, Thompson, and Van Norman

     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 Education.

     SB 180  Introduced by:  The Committee on Appropriations at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation to provide certain refunds of sales tax on food.

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

     SB 181  Introduced by:  Senators Greenfield, Bartling, Duenwald, Gant, Garnos, Gray, Hansen (Tom), Hanson (Gary), Hoerth, Knudson, Maher, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Sutton, Turbak Berry, and Two Bulls and Representatives Nelson, Boomgarden, Cutler, Davis, DeVries, Gilson, Hackl, Haverly, Hills, Jerke, Kirkeby, Koistinen, Krebs, McLaughlin, Noem, Novstrup (Al), Novstrup (David), Peters, Rounds, Street, and Turbiville

     FOR AN ACT ENTITLED, An Act to create the South Dakota secondary teachers tuition reimbursement and loan forgiveness program and to make an appropriation therefor.

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


     SB 182  Introduced by:  Senators Dempster, Hansen (Tom), Heidepriem, Jerstad, Katus, McCracken, Napoli, and Smidt (Orville) and Representatives Dykstra, Cutler, Dennert, Halverson, Hunt, Krebs, Lust, Miles, Rave, Street, and Willadsen

     FOR AN ACT ENTITLED, An Act to expand the disclosure of inpatient hospital charges and to provide for the development of a system for the disclosure of charges for outpatient procedures.

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

     SB 183  Introduced by:  Senators Smidt (Orville), Albers, Hauge, Hundstad, Peterson (Jim), and Sutton and Representatives Tidemann, Cutler, Faehn, Gilson, Hills, Pitts, and Street

     FOR AN ACT ENTITLED, An Act to permit the creation of a transportation district and to establish its powers and bonding authority.

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

     SB 184  Introduced by:  Senators Peterson (Jim), Bartling, Dempster, Hanson (Gary), Heidepriem, Katus, Knudson, and Nesselhuf and Representatives Street, Ahlers, Burg, Dykstra, Faehn, Gillespie, Hargens, Nygaard, and Rausch

     FOR AN ACT ENTITLED, An Act to establish an incentive grant program for the installation of ethanol blender pumps and to make an appropriation therefor.

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

     SB 185  Introduced by:  Senators Napoli, Garnos, Hanson (Gary), Hauge, Kloucek, McCracken, and Sutton and Representatives Krebs, Ahlers, McLaughlin, and Street

     FOR AN ACT ENTITLED, An Act to restrict the combination of numbers and letters which may be permitted on personalized motor vehicle license plates.

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

     SB 186  Introduced by:  Senators Knudson, Albers, Dempster, Gant, Gray, and Hansen (Tom) and Representatives Rhoden, Brunner, Cutler, Deadrick, Dykstra, Faehn, Heineman, Krebs, Olson (Russell), Rave, Turbiville, and Vehle

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records and public meetings.

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



     SB 187  Introduced by:  Senators Knudson, Abdallah, Albers, Bartling, Dempster, Garnos, Gray, Hansen (Tom), Hauge, Heidepriem, Hunhoff, McCracken, Nesselhuf, Olson (Ed), and Peterson (Jim) and Representatives Cutler, McLaughlin, Peters, and Vehle

     FOR AN ACT ENTITLED, An Act to revise the general education state aid formula for purposes of increasing teachers' salaries.

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

     SB 188  Introduced by:  The Committee on State Affairs at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to establish high performance building design and construction standards for newly constructed or renovated state-owned buildings.

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

     SB 189  Introduced by:  Senators Turbak Berry, Abdallah, Gant, Heidepriem, and Koetzle and Representatives Cutler, Engels, Gillespie, Halverson, Koistinen, Lust, McLaughlin, Novstrup (Al), Thompson, and Weems

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records and the accessibility of public records.

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

     SB 190  Introduced by:  Senators Hanson (Gary), Abdallah, Bartling, Heidepriem, Kloucek, Maher, Nesselhuf, Peterson (Jim), and Smidt (Orville) and Representatives Moore, Dennert, Gassman, Gillespie, Halverson, Nelson, Noem, and Sigdestad

     FOR AN ACT ENTITLED, An Act to impose a fee on certain pipelines carrying crude oil and to create a crude oil pipeline compensation fund that may be used in the event of a crude oil spill.

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

     SB 191  Introduced by:  Senator Gray and Representative Rounds

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning a sales tax exemption provided for religious, benevolent, fraternal, youth association, or charitable activities.

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



     SB 192  Introduced by:  Senators Gray, Garnos, and Olson (Ed) and Representatives Rounds, Ahlers, Boomgarden, Brunner, Faehn, Gilson, Gosch, Hackl, Hills, Juhnke, Lucas, Lust, McLaughlin, Olson (Ryan), and Van Norman

     FOR AN ACT ENTITLED, An Act to authorize a grant for the design and construction of an instructional classroom building, and to make an appropriation therefor.

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

     SB 193  Introduced by:  Senators Gray, Dempster, and Knudson and Representatives Rhoden, Deadrick, Dykstra, and Rave

     FOR AN ACT ENTITLED, An Act to enhance education in South Dakota.

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

     SB 194  Introduced by:  Senators Katus, Abdallah, Duenwald, Garnos, Gray, Hoerth, Hundstad, Jerstad, McNenny, Napoli, Olson (Ed), Peterson (Jim), Schmidt (Dennis), and Two Bulls and Representatives DeVries, Bradford, Dennert, Elliott, Juhnke, Kirkeby, Lust, Olson (Betty), Turbiville, and Weems

     FOR AN ACT ENTITLED, An Act to provide for the establishment of public charter schools, of the State Board for Public Charter Schools, and the creation, operation, and maintenance of public charter schools.

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

     SB 195  Introduced by:  Senators Katus, Bartling, Jerstad, Koetzle, Nesselhuf, Peterson (Jim), Turbak Berry, and Two Bulls and Representatives Ahlers, Burg, Dennert, Elliott, Gassman, Hargens, Kirkeby, Lucas, Sigdestad, and Street

     FOR AN ACT ENTITLED, An Act to create the South Dakota Commission on Higher Pay and Economic Prosperity, to prescribe its duties, and to make an appropriation therefor.

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

     SB 196  Introduced by:  Senators Nesselhuf and Greenfield and Representatives Boomgarden, Brunner, Nygaard, and Peters

     FOR AN ACT ENTITLED, An Act to provide for environmental protection standards for petroleum refinery facilities.

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



     SB 197  Introduced by:  Senators Bartling, Abdallah, Katus, McCracken, Peterson (Jim), and Two Bulls and Representatives Dennert, Lucas, and Novstrup (Al)

     FOR AN ACT ENTITLED, An Act to make an appropriation for the costs of the centers for independent living.

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

     SB 198  Introduced by:  Senators Bartling and Hunhoff and Representatives Dennert and Moore

     FOR AN ACT ENTITLED, An Act to exempt from sales taxation the gross receipts received by nonprofit organizations from a shooting range or trap shooting facility.

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

     SB 199  Introduced by:  Senators Hansen (Tom), Albers, Bartling, Greenfield, Hanson (Gary), Maher, McNenny, Peterson (Jim), Schmidt (Dennis), Smidt (Orville), and Two Bulls and Representatives Rausch, Boomgarden, Burg, Davis, Dennert, Elliott, Faehn, Gassman, Halverson, Haverly, Kirkeby, Koistinen, Krebs, Lucas, Miles, Nelson, Noem, Putnam, Rhoden, Rounds, Street, Tidemann, Weems, Wick, and Willadsen

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings.

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

     SB 200  Introduced by:  The Committee on Health and Human Services at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to establish a statewide trauma system.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1035: FOR AN ACT ENTITLED, An Act to revise the definition of an employer's actual knowledge of injury for the purposes of workers' compensation claims.

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


     HB 1036: FOR AN ACT ENTITLED, An Act to require releases for certain workers' compensation medical records and to establish copying costs.

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

     HB 1092: FOR AN ACT ENTITLED, An Act to revise certain terminology in the statutes providing for standard child visitation guidelines.

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

     HB 1108: FOR AN ACT ENTITLED, An Act to repeal the election equipment replacement fund and to transfer the existing balance to the state general fund.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 63: FOR AN ACT ENTITLED, An Act to require local law enforcement officers to provide certain information to repossession businesses under certain circumstances.

     Was read the second time.

     The question being "Shall SB 63 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; 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 87: FOR AN ACT ENTITLED, An Act to reduce the period of effectiveness for cease and desist orders issued to certain vehicle dealers.



     Was read the second time.

     The question being "Shall SB 87 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; 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 124: FOR AN ACT ENTITLED, An Act to revise certain provisions related to format standards for real estate documents.

     Was read the second time.

     The question being "Shall SB 124 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Abdallah

     So the bill having received an affirmative vote of a majority of the members present, the President declared the bill passed and the title was agreed to.


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing and regulation of grain dealers and buyers.

     Was read the second time.

     The question being "Shall SB 44 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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 45: FOR AN ACT ENTITLED, An Act to revise the requirements regarding the licensing and regulation of public grain warehouses, to establish a grain warehouse fund, and to make a continuous appropriation from that fund.

     Was read the second time.

     The question being "Shall SB 45 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of franchises and business opportunities.



     Was read the second time.

     The question being "Shall SB 52 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; 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 99: FOR AN ACT ENTITLED, An Act to exempt certain school districts from the requirement to reorganize due to low enrollment.

     Was read the second time.

     The question being "Shall SB 99 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
Abdallah; Knudson

     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. 5.


REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 51 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

     Sen. Greenfield moved that the Senate do now adjourn, which motion prevailed and at 2:46 p.m. the Senate adjourned.

Trudy Evenstad, Secretary