JOURNAL OF THE SENATE

SPECIAL SESSION OF THE EIGHTY-SIXTH SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, October 24, 2011
    
        BE IT REMEMBERED, That on the twenty-fourth day of October, A.D., two thousand eleven, at the hour of ten o'clock meridian, being the date and hour named by the presiding officers of both houses of the Legislature, for the convening of the Legislature in Special Session, the Senate of the State of South Dakota was called to order by Lieutenant Governor Matt Michels in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

    The following prayer was offered by the Chaplain, Pastor Howard Grinager, Pierre/Ft. Pierre Ministerial Association:

    Holy God, as we come to this day we come with hearts that are filled with gratitude. We come grateful for gifts of life and for the ways in which you have brought love and joy into our lives through the gifts of family and friends. We come thankful for the communities from which we come and for the opportunity to represent the people of our districts in this place. And we are thankful for the privilege of living in a state and nation where the citizens have both voice and vote that give direction to our future.

    As we meet today we are aware that what we do in this place affects the lives of our citizens for years to come. And so we ask that you guide our conversations and debates. Give us listening ears and then help us to decide wisely the issue that lies before us.

    This day we not only pray for ourselves and for your presence in the midst of our work. We also pray for others. We pray that you would also guide our governor in his work. We pray for our president and congress as they wrestle with difficult issues that affect our nation and world. And we especially ask that you would watch over those men and women who serve our nation in uniform. Keep them safe. Let their labors bear the fruits of peace. And help us to be responsive to the needs of their families that they have left behind. All these and the many more prayers of our hearts we lift to you in your holy name. Amen.

    The Pledge of Allegiance to the flag of the United States was given by all present.


    I, JASON GANT, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the Senate at the general election held on November 2, 2010, are hereby certified as members of the Senate of the 2011-2012 Legislative Sessions:

District No.  1   Day, Marshall, and Roberts Counties
                Jason Frerichs, Wilmot

District No.  2   Brown and Spink Counties
                Jim Hundstad, Bath

District No.  3   Brown and McPherson Counties
                Al Novstrup, Aberdeen

District No.  4   Brookings, Deuel, Grant, and Moody Counties
                Tim Begalka, Clear Lake

District No.  5   Codington County
                Ried Holien, Watertown

District No.  6   Beadle, Clark, Codington, Hamlin, and Kingsbury Counties
                Art Fryslie, Willow Lake

District No.  7   Brookings County
                Larry Tidemann, Brookings

District No.  8   Lake, Miner, Moody, and Sanborn Counties
                Russell Olson, Madison

District No.  9   Minnehaha County
                Deb Peters, Hartford

District No. 10  Lincoln and Minnehaha Counties
                Shantel Krebs, Renner

District No. 11  Lincoln and Minnehaha Counties
                Todd Schlekeway, Sioux Falls

District No. 12  Lincoln and Minnehaha Counties
                Mark Johnston, Sioux Falls

District No. 13  Minnehaha County
                Phyllis Heineman, Sioux Falls

District No. 14  Minnehaha County
                Joni Cutler, Sioux Falls


District No. 15  Minnehaha County
                Angie Buhl, Sioux Falls

District No. 16  Lincoln and Union Counties
                Dan Lederman, Dakota Dunes

District No. 17  Clay and Turner Counties
                Eldon Nygaard, Vermillion

District No. 18  Yankton County
                Jean Hunhoff, Yankton

District No. 19  Bon Homme, Douglas, Hutchinson, and Turner Counties
                J.E. "Jim" Putnam, Armour

District No. 20  Aurora and Davison Counties
                Mike Vehle, Mitchell

District No. 21  Brule, Buffalo, Charles Mix, Jones, and Lyman Counties
                Cooper Garnos, Presho

District No. 22  Beadle, Hand, and Jerauld Counties
                Tom Hansen, Huron

District No. 23  Campbell, Edmunds, Faulk, Hyde, McPherson, Potter, and Walworth Counties
                 Corey Brown, Gettysburg

District No. 24  Hughes, Stanley, and Sully Counties
                Bob Gray, Pierre

District No. 25  Hanson, McCook, and Minnehaha Counties
                Tim Rave, Baltic

District No. 26  Gregory, Mellette, Todd, and Tripp Counties
                 Billie H. Sutton, Burke

District No. 27  Bennett, Haakon, Jackson, and Shannon Counties
                Jim Bradford, Pine Ridge

District No. 28  Butte, Corson, Dewey, Harding, Meade, Perkins, and Ziebach Counties
                 Ryan Maher, Isabel

District No. 29  Butte and Meade Counties
                Larry Rhoden, Union Center

District No. 30  Custer, Fall River, and Pennington Counties
                Bruce Rampelberg, Rapid City


District No. 31  Lawrence County
                Thomas R. Nelson, Lead

District No. 32  Pennington County
                Stan Adelstein, Rapid City

District No. 33  Meade and Pennington Counties
                Elizabeth Kraus, Rapid City

District No. 34  Pennington County
                Craig Tieszen, Rapid City

District No. 35  Pennington County
                Jeffrey K. Haverly, Rapid City

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 24th day of October, 2011.

    (SEAL)                             Jason M. Gant

Secretary of State

    Roll Call: All members present.

MOTIONS AND RESOLUTIONS

    Sen. Olson moved that the Senate do now proceed with the organization of the Senate.

    Which motion prevailed.

    Sen. Olson moved that Sen. Gray be elected President Pro tempore of the Senate for the Special Session of the Eighty-sixth Legislative Session.

    The question being on Sen. Olson's motion that Sen. Gray be elected President Pro tempore of the Senate for the Special Session of the Eighty-sixth Legislative Session.

    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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

    Sen. Olson moved that Patricia Adam be elected Secretary of the Senate for the Special Session of the Eighty-sixth Legislative Session.

    The question being on Sen. Olson's motion that Patricia Adam be elected Secretary of the Senate for the Special Session of the Eighty-sixth Legislative Session.

    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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

    President Pro tempore Gray appointed the following employees for the Special Session of the Eighty-sixth Legislative Session:

    Assistant to the Secretary: Carolyn Riter
    Assistant to the Secretary: Carolyn Jorgensen
    Sergeant at Arms: David Bonde
    Sergeant at Arms: Gary Hoschied

    The oath of office was administered to the following officers and employees by the Honorable David Gilbertson, Chief Justice of the Supreme Court, and the same were filed in the office of the Secretary of State:

    President Pro tempore: Bob Gray
    Secretary of the Senate: Patricia Adam
    Assistant to the Secretary: Carolyn Riter
    Assistant to the Secretary: Carolyn Jorgensen
    Sergeant at Arms: David Bonde
    Sergeant at Arms: Gary Hoschied

    Sen. Olson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House relative to the joint rules for the two houses for the Special Session of the Eighty-sixth Legislative Session.


    Which motion prevailed and the President announced as such committee Sens. Gray, Olson, and Frerichs.

    Sen. Olson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of setting the compensation of the elective and appointive officers and employees of the Senate and House for the Special Session of the Eighty-sixth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and the President announced as such committee Sens. Gray, Olson, and Frerichs.

    Sen. Olson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to fix the time of adjournment sine die for the Special Session of the Eighty-sixth Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Gray, Olson, and Frerichs.

    Sen. Olson announced the appointment of the following Standing Committee:

**Denotes Chair
* Denotes Vice-Chair

LEGISLATIVE PROCEDURE (7)

**Gray, *Rave, Brown, Heineman, Olson (Russell), Putnam, Frerichs

REPORT OF JOINT-SELECT COMMITTEE


MR. PRESIDENT:

    Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Eighty-sixth Legislative Session be adopted with the following exceptions:

    Whereas Article III, Section 31 of the South Dakota Constitution empowers the Legislature to call itself into special session and the Legislature having issued a proclamation calling a special session for the sole purpose of redistricting the Legislature and the Supreme Court, and

    Whereas Article III, Section 9 of the South Dakota Constitution provides that the Legislature shall determine the rules of its proceedings, your Joint-Select Committee appointed

for the purpose of preparing rules for the Special Session respectfully reports that the rules of the regular session of the Eighty-sixth Legislative Session be made the rules of the Senate and House during the Special Session with the following exceptions and that such printing of the rules in the journal be dispensed with:

    Special Rule No. 1: Notwithstanding any other rule, the presiding officer may dispense with the referral of a bill or resolution to a standing committee.

    Special Rule No. 2: None of the deadlines in regard to bill or resolution introduction and hearing shall apply to the Special Session. Any legislator may introduce, at any time during this Special Session, any bill or resolution germane to the proclamation.

    Special Rule No. 3: The presiding officers of the House and the Senate may appoint the officers and employees for the respective bodies as they deem necessary to carry out the activities of the respective houses.

    Special Rule No. 4: No rules dealing with a call of the house shall apply to the Special Session, except that the attendance of any member who has answered the initial roll call each day may be compelled by the presiding officer.

    Special Rule No. 5: No rules, including, but not limited to, Rule 5-17 and Rule 7-7, dealing with required delivery of bills and placement of bills or resolutions on the calendar, shall apply to the Special Session; and the placement of bills or resolutions on the calendar for second reading shall be determined by a majority vote of the members-present.

    Special Rule No. 6: Rules dealing with the order of business shall prevail, provided, however, that the order of business may be changed by a majority vote of the members-elect, thereby bringing up any item of action by such vote. The proclamation calling the Legislature into Special Session shall govern the consideration of all bills and resolutions and the body shall determine the germaneness of a given bill and resolution to the proclamation.

    Special Rule No. 7: Rules dealing with fiscal notes shall not apply to the Special Session.
                        
    Special Rule No. 8: No rules dealing with the printing and distribution of bills or resolutions shall apply to the Special Session, and the Legislative Research Council and Secretary of State shall provide photocopies of bills introduced to the public and legislative agents.

    Special Rule No. 9: At the conclusion of the Special Session, the Chief Clerk of the House and the Secretary of the Senate shall review the journal prepared and make the necessary corrections and provide the contract printer with the corrected journal for distribution to those who subscribed to journals during the regular Eighty-sixth Legislative Session.


    Special Rule No. 10: Notwithstanding Joint Rule 11-1, House Rule H4-1, and Senate Rule S5-1, a majority of the members-elect of either house may suspend, adopt, or amend any of the rules.

Respectfully submitted,     Respectfully submitted,
Val Rausch    Bob Gray    
David Lust    Russell Olson
Bernie Hunhoff    Jason Frerichs
House Committee    Senate Committee

CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEE

    Sen. Olson moved that the report of the Joint-Select Committee relative to the joint rules for the Special Session of the Eighty-sixth Legislative Session be adopted.

    The question being on Sen. Olson's motion that the report of the Joint-Select Committee relative to the joint rules for the Special Session of the Eighty-sixth Legislative Session be adopted.

    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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

REPORT OF JOINT-SELECT COMMITTEE


MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Eighty-sixth Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

Respectfully submitted,    Respectfully submitted,
Val Rausch    Bob Gray
David Lust    Russell Olson
Bernie Hunhoff    Jason Frerichs
House Committee    Senate Committee



CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEE

    Sen. Olson moved that the report of the Joint-Select Committee relative to compensation for the elected and appointed officers and employees of the House and Senate for the Special Session of the Eighty-sixth Legislative Session be adopted.

    The question being on Sen. Olson's motion that the report of the Joint-Select Committee relative to compensation for the elected and appointed officers and employees of the House and Senate for the Special Session of the Eighty-sixth Legislative Session be adopted.

    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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1002 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1002: FOR AN ACT ENTITLED, An Act to provide for the redistricting of the Supreme Court appointment districts.

    Was read the first time.


    Pursuant to Special Session Joint Rule 1 the Senate dispensed with the referral of HB 1002 to Committee.

    There being no objections, the President waived the reading of messages from the House.
They will be printed in the Senate Journal

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1002: FOR AN ACT ENTITLED, An Act to provide for the redistricting of the Supreme Court appointment districts.

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

    The question being "Shall HB 1002 pass?"

    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.


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House is now in session and has been duly organized by the election of the following officers: Speaker of the House, Val Rausch. Speaker Pro tempore, Brian Gosch, and Chief Clerk, Karen Gerdes.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate relative to the joint rules for the Special Session of the Eighty-sixth Legislative Session.



Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Eighty-sixth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to fix the time of adjournment sine die for the Special Session of the Eighty-sixth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Special Session of the Eighty-sixth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to fixing the compensation of the elected and appointed officers and employees of the Senate and House for the Special Session of the Eighty-sixth Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk

    Sen. Olson moved that the Senate do now recess until 1:35 p.m., which motion prevailed and at 11:30 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 1:35 p.m., the President presiding.


MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1001 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1001: FOR AN ACT ENTITLED, An Act to provide for the decennial redistricting of the Legislature.

    Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1001: FOR AN ACT ENTITLED, An Act to provide for the decennial redistricting of the Legislature.

    Was read the second time.

1001ob

    Sen. Bradford moved that HB 1001 be amended as follows:

    On page 8 of the printed bill, delete lines 2 to 24, inclusive, and insert:

"

            (32)    District No. 32: That portion of Pennington county consisting of VTD-RC 2-1, VTD-RC 2-3, VTD-RC 4-1, VTD-RC 4-4, VTD-RC 5-5, that portion of VTD-B33-1 west of Bennett Road, that portion of VTD-DG7 west of Bennett Road, that portion of VTD-NH18 east of North Haines Avenue, that portion of VTD-RC 4-2 west of East North Street, and that portion of VTD-RC 4-3 not included in District No. 33;

            (33)    District No. 33: That portion of Meade county consisting of VTD-Precinct 14 Black Hawk, VTD-Precinct 16 - West Black Hawk, VTD-Precinct 19 - Central Black Hawk, and that portion of VTD-Rural Black Hawk west of Interstate 90, and that portion of Pennington county consisting of VTD-CL6, VTD-DT24, VTD-JS5, VTD-RC 3-2, VTD-RC 3-4, VTD-RC 3-6, VTD-RC 5-1, VTD-RC 5-3, VTD-WP23,

that portion of VTD-NH18 not in District 32, the west portion of VTD-RC 4-3 surrounded by VTD-NH18, and that portion of VTD-RC 5-2 north of Interstate 90;

            (34)    District No. 34: That portion of Pennington county consisting of VTD-RC 1-1, VTD-RC 1-3, VTD-RC 3-1, VTD-RC 3-3, VTD-RC 3-5, VTD-RC 3-7, VTD-RC 5-2, VTD-RC 5-4, that portion of VTD-RC 1-4 not in District No. 35, and that portion of VTD-RVE1 not in District No. 35; and

            (35)    District No. 35: That portion of Pennington county consisting of VTD-B35-1, VTD-RC 1-2, VTD-RC 2-2, VTD-RC 2-4, VTD-RC 2-5, VTD-RVF1, VTD-RVF2, VTD-RVS1, VTD-VN34, that portion of VTD-B33-1 east of Bennett Road, that portion of VTD-B33-2 not in District No. 29, that portion of VTD-B33-3 not in District No. 29 or District No. 30, that portion of VTD-DG7 not in District No. 29, District No. 30 or District No. 32, that portion of VTD-RC 1-4 east of State Highway 79, that portion of VTD-RC 4-2 not in District No. 32, and that portion of VTD-RVE1 east of State Highway 79."

    On page 9, delete lines 1 to 11, inclusive.

    A roll call vote was requested.

    Which motion failed.

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

1001oe

    Sen. Hundstad moved that HB 1001 be amended as follows:

    On page 2 of the printed bill, delete lines 6 to 22, inclusive, and insert:

"

            (1)    District No. 1: Day, Marshall, and Roberts counties and that portion of Codington county consisting of VTD-Precinct Dexter, VTD-Precinct Eden and Phillips, VTD-Precinct Fuller and Florence, VTD-Precinct Germantown, VTD-Precinct Graceland and Henry, VTD-Precinct Kampeska, VTD-Precinct Kranzburg, VTD-Precinct Leola and South Shore, VTD-Precinct Rauville, VTD-Precinct Richland, and VTD-Precinct Waverly;

            (2)    District No. 2: Clark county, that portion of Brown county not in District No. 3, that portion of Hamlin county consisting of VTD-Bryant Precinct, VTD-Hazel Precinct, and VTD Hayti Precinct, and Spink county except for that portion in District No. 23;".

    On page 3, delete lines 6 to 10, inclusive, and insert "District No. 7, and that portion of Hamlin county consisting of VTD-Castlewood Precinct, VTD-Estelline Precinct, VTD-Norden Precinct, and VTD-Oxford Precinct;".
    On page 3, line 11, delete "4" and insert "1".

    A roll call vote was requested.

    Which motion lost.

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

1001od

    Sen. Buhl moved that HB 1001 be amended as follows:

    On page 4 of the printed bill, delete lines 13 to 23, inclusive, and insert:

"

            (12)    District No. 12: That portion of Lincoln county consisting of VTD-Sioux Falls Precinct 1-11, VTD-Sioux Falls Precinct 1-12, VTD-Sioux Falls Precinct 2-10, VTD-Sioux Falls Precinct 2-11, VTD-Sioux Falls Precinct 2-12, VTD-Sioux Falls Precinct 2-15, those portions of Delapre Township surrounded by VTD-Sioux Falls Precinct 1-11 or VTD-Sioux Falls Precinct 1-12, those portions of Springdale Township surrounded by VTD-Sioux Falls Precinct 2-11 or VTD-Sioux Falls Precinct 2-15, and that portion of Minnehaha county consisting of VTD 1-3, VTD 1-4, VTD 1-5, and VTD 1-6;

            (13)    District No. 13: That portion of Minnehaha county consisting of VTD 1-1, VTD 1-2, VTD 2-1, VTD 3-8, VTD 5-3, VTD 5-4, VTD 5-7, VTD 5-8, VTD 5-9, VTD 5-10, VTD 5-11, VTD 5-12, VTD 5-13, and VTD 5-14;".

    A roll call vote was requested.

    Which motion failed.

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

1001ba

    Sen. Putnam moved that HB 1001 be amended as follows:

    On page 5 of the printed bill, delete lines 17 to 23, inclusive, and insert:

"

            (19)    District No. 19: Bon Homme, Douglas, Hutchinson, and McCook counties;

            (20)    District No. 20: Davison and Hanson counties;

            (21)    District No. 21: Aurora, Charles Mix, Gregory, Jerauld, and Tripp counties;".

    Which motion lost.

    The question now being "Shall HB 1001 pass?"

    And the roll being called:

    Yeas 31, Nays 4, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; 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:
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.

REPORT OF JOINT-SELECT COMMITTEE


MR. PRESIDENT:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Special Session of the Eighty-sixth Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 3:10 p.m., October 24, 2011.

Respectfully submitted,    Respectfully submitted,
Val Rausch    Bob Gray
David Lust    Russell Olson
Bernie Hunhoff    Jason Frerichs
House Committee    Senate Committee

    Sen. Olson moved that the report of the Joint-Select Committee relative to fixing the time of adjournment sine die for the Special Session of the Eighty-sixth Legislative Session be adopted.

    Which motion prevailed and the report was adopted.


MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the Special Session of the Eighty-sixth Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

    The President publicly read the title to

    HB 1001: FOR AN ACT ENTITLED, An Act to provide for the decennial redistricting of the Legislature.

    HB 1002: FOR AN ACT ENTITLED, An Act to provide for the redistricting of the Supreme Court appointment districts.

    And signed the same in the presence of the Senate.

COMMUNICATIONS AND PETITIONS

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that HB 1001 and 1002 were delivered to his Excellency, the Governor, for his approval at 3:10 p.m., October 24, 2011.

Respectfully submitted,
Bob Gray, Chair


    The following prayer was offered by Pastor Howard Grinager:

    Lord God, as we come to the end of this session we give you thanks that you promise to be with us in the midst of all that we do. We pray that we have been sensitive to the guiding of your Holy Spirit and that you will bless the work we have done this day.

    And now as we return to our homes we ask for gifts of safe travel. Bless our families that allow us to serve in this place. Give us listening ears and understanding hearts as we interact with those we represent so that when we return we might represent them well. Help us to sense your presence in the midst of our daily lives that you might guide us in our every day tasks.

And keep us safe until that time when we again return to this room to do the work of the people. This we ask in your holy name. Amen.

    Sen. Olson moved that the Senate do now adjourn sine die, which motion prevailed and at 3:10  p.m. the Senate adjourned.

Patricia Adam, Secretary