Senate Journal 2/26/2008 02:00 PM

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirtieth 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

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1293 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House Agriculture and Natural Resources Committee engrossed version.

Respectfully submitted,                             Respectfully submitted,
Thomas Brunner                                    Jim Lintz
House Committee Chair                            Senate Committee Chair

The Conference Committee respectfully reports that it has considered HB 1037 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1037 be amended as follows:

1037jd

On page 2, after line 5 of the Senate Commerce Committee engrossed bill, insert:

"Section 3. That chapter 62-4 be amended by adding thereto a NEW SECTION to read as follows:

Upon the request of an employer, an employee subject to this title shall supply a signed medical release to allow copying of any medical records and reports relevant to the employee's claim for workers' compensation. If the employee objects to the release of the medical records, the department shall, upon a showing of good cause for the release of such records, approve the release of the medical records relevant to the employee's claim to the employer. The employer shall, upon request, provide a copy of all medical records and reports received to the employee, without cost to the employee."

1037stb

On page 1, line 1, of the Senate Commerce Committee engrossed bill, delete "action on".

Respectfully submitted,     Respectfully submitted,
Tim Rounds                    Royal "Mac" McCracken
House Committee Chair            Senate Committee Chair

MESSAGES FROM THE HOUSE

I have the honor to return herewith SB 53, 162, 176, 180, 188, and 192 which have been amended by the House and your concurrence in the amendments is respectfully requested.

I have the honor to inform your honorable body that SB 99 was lost on second reading and final passage.

I have the honor to return herewith SB 17, 46, 52, 57, 58, 80, 85, 92, 97, 129, 157, and 173 which have passed the House without change.

I have the honor to transmit herewith HCR 1010 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1010: A CONCURRENT RESOLUTION, Supporting the "25 by 25" Initiative and promoting the increased production of renewable energy by the agricultural community.

Was read the first time, the President waived the referral to committee, and placed HCR 1010 on the calendar of Wednesday, February 27, the 32^nd legislative day.

SCR 14: A CONCURRENT RESOLUTION, Requesting the Governor, the Commissioner of School and Public Lands, the Department of Game, Fish and Parks, and the Department of Environment and Natural Resources to develop a system of managing and maintaining the state- owned dams.

Sen. Hundstad moved that SCR 14 as found on page 622 of the Senate Journal be adopted.

The question being on Sen. Hundstad's motion that SCR 14 be adopted.

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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 14 was adopted.

SCR 15: A CONCURRENT RESOLUTION, Urging Congress to oppose efforts to restrict the harvest, processing, transportation, and export of horses.

Sen. Kloucek moved that SCR 15 as found on page 623 of the Senate Journal be adopted.

The question being on Sen. Kloucek's motion that SCR 15 be adopted.

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Abdallah; Dempster; Hauge; Knudson; McCracken; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 15 was adopted.

HCR 1008: A CONCURRENT RESOLUTION, Urging Congress not to impose any new performance fees, taxes, royalties, or other charges relating to the public performance of sound recordings on local radio stations and to support the Local Radio Freedom Act.

Sen. Abdallah moved that the Senate do concur in HCR 1008 as found on page 670 of the House Journal.

The question being on Sen. Abdallah's motion that the Senate do concur in HCR 1008.

And the roll being called:

Yeas 34, Nays 1, 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; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Knudson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1008 was concurred in.

HCR 1009: A CONCURRENT RESOLUTION, Supporting full funding, at the federal level, for immigration and custom enforcement officers for the detention of persons who have been determined to be in South Dakota illegally and have been reported to them by local law enforcement officers.

Sen. Lintz moved that the Senate do now concur in HCR 1009 as found on page 671 of the House Journal.

The question being on Sen. Lintz's motion that the Senate do now concur in HCR 1009.

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1009 was concurred in.

Sen. Nesselhuf moved that the Senate do concur in House amendments to SB 112.

The question being on Sen. Nesselhuf's motion that the Senate do concur in House amendments to SB 112.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Albers; 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:
Apa

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Greenfield moved that the word NOT be stricken from the report of the Committee on Commerce on HB 1265 as found on page 633 of the Senate Journal and that HB 1265 be placed on today's calendar.

The question being on Sen. Greenfield's motion that the word NOT be stricken from the report of the Committee on Commerce on HB 1265 and that the bill be placed on today's calendar.

Yeas 31, Nays 4, 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; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton

Nays:
Koetzle; Nesselhuf; Turbak Berry; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, and HB 1265 was placed on today's calendar.

Sen. Greenfield moved that HB 1265 be immediately considered.

Which motion prevailed.

HB 1265: FOR AN ACT ENTITLED, An Act to prohibit the sale, purchase, use, or possession of alcohol without liquid devices.

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

The question being "Shall HB 1265 pass?"

Yeas 33, Nays 1, Excused 1, 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; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Koetzle

Excused:
Olson (Ed)

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1061: FOR AN ACT ENTITLED, An Act to revise the penalty for the distribution or possession with intent to distribute marijuana to a minor.

Sen. Albers moved that HB 1061 be further amended as follows:

1061re

On page 1 of the Senate Judiciary Committee engrossed bill, delete lines 13 and 14, and insert:

" The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or

possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. "

On page 2, delete line 1.

On page 2, line 2, delete everything before "A" .

The question being "Shall HB 1061 pass as amended?"

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 1120: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

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

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 1248: FOR AN ACT ENTITLED, An Act to establish the South Dakota soil conservation award program and to make an appropriation therefor.

The question being "Shall HB 1248 pass as amended?"

Yeas 34, Nays 1, 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; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Napoli

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 1242: FOR AN ACT ENTITLED, An Act to require the Department of Education and the Board of Regents to establish certain programs for children who are deaf and hard-of- hearing.

Sen. Knudson moved that HB 1242 be placed to follow HB 1263 on today's calendar.

HB 1251: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire land for the Higher Education Center_West River.

The question being "Shall HB 1251 pass as amended?"

Yeas 21, Nays 14, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hauge; Hunhoff; Katus; Knudson; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

Nays:
Bartling; Greenfield; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Kloucek; Koetzle; Maher; Peterson (Jim); 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.

HB 1263: FOR AN ACT ENTITLED, An Act to establish a hunter mentoring program, to authorize hunting under certain conditions by persons less than sixteen years of age, and to authorize the Game, Fish and Parks Commission to promulgate rules.

Sen. Abdallah moved the previous question.

The question being "Shall HB 1263 pass as amended?"

Yeas 24, Nays 11, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hoerth; Hundstad; Hunhoff; Kloucek; Lintz; Maher; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak Berry

Nays:
Bartling; Hauge; Heidepriem; Jerstad; Katus; Knudson; Koetzle; McCracken; Nesselhuf; Sutton; Two Bulls

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

HB 1242: FOR AN ACT ENTITLED, An Act to require the Department of Education and the Board of Regents to establish certain programs for children who are deaf and hard-of-hearing.

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

1242xa

Sen. Apa moved that HB 1242 be amended as follows:

On page 3, after line 16 of the printed bill, insert:

"Section 2. There is hereby appropriated from the general fund the sum of one million eight hundred seventy-eight thousand four hundred dollars ($ 1,878,400 ), or so much thereof as may be necessary, to the Department of Education for the purposes of this Act.

Section 3. The secretary of education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

Sen. Koetzle requested a roll call vote.

Which request was supported.

The question being on Sen. Apa's motion that HB 1242 be amended.

And the roll being called:

Yeas 9, Nays 26, Excused 0, Absent 0

Yeas:
Apa; Duenwald; Gray; Greenfield; Hunhoff; Knudson; Lintz; Napoli; Smidt (Orville)

Nays:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Sutton; Turbak Berry; Two Bulls

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 HB 1242 pass?"

Yeas 28, Nays 7, Excused 0, Absent 0

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

Nays:
Apa; Duenwald; Garnos; Gray; Greenfield; Hunhoff; Lintz

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.

The President Pro tempore now presiding.

HB 1320: FOR AN ACT ENTITLED, An Act to provide tax incentives for certain wind energy facilities and energy transmission equipment.

The question being "Shall HB 1320 pass as amended?"

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

The President now presiding.

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 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the circumstances under which children may be held in temporary custody.

Sen. Dempster moved that HB 1132 be amended as follows:

1132ra

On page 1, line 15, of the printed bill, after " custody " insert " petition for an apparent abuse or neglect case or other ".

The question being "Shall HB 1132 pass as amended?"

Yeas 34, Nays 0, Excused 1, 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Peterson (Jim)

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 1224: FOR AN ACT ENTITLED, An Act to provide for the funding of certain reduced tuition programs for veterans.

Sen. Dennis Schmidt moved that HB 1224 be further amended as follows:

1224tb

On page 1, line 13, of the Senate Education Committee engrossed bill, delete " As provided in section 1 of this Act " and insert " Except as otherwise provided by law ".

1224xa

Sen. Apa moved as a substitute motion that HB 1224 be further amended as follows:

On page 1 of the Senate Education Committee engrossed bill, delete line 9 and insert: "of fifty percent of the in-state resident state-subsidized tuition to be paid to the institution by the Board".

On page 1, delete lines 12 to 14, inclusive.

On page 2, delete lines 1 and 2.

Which motion lost.

Sen. Schmidt's motion to further amend HB 1224 prevailed.

The question now being "Shall HB 1224 pass as amended?"

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Albers; 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Apa; Peterson (Jim)

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 1283: FOR AN ACT ENTITLED, An Act to revise on-sale alcoholic beverage licenses in municipalities and to declare an emergency.

Sen. Gray moved that HB 1283 be further amended as follows:

1283fb

On page 1 of the House engrossed bill, delete lines 4 to 15, inclusive, and insert:

"Section 1. Notwithstanding the provisions of subdivision 35-4-2(4), any municipality that is incorporated after July 1, 2007, may charge a fee not to exceed thirty thousand dollars for an on-sale license."

Delete pages 2 and 3, inclusive

On page 4, delete lines 1 to 4, inclusive.

Which motion prevailed.

The question being "Shall HB 1283 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Peterson (Jim)

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

The question being on the title.

1283fta

Sen. Gray moved that the title to HB 1283 be amended as follows:

On page 1, line 1, of the House engrossed bill, delete "licenses in" and insert "license fees for certain".

HB 1233: FOR AN ACT ENTITLED, An Act to bring transparency to state spending by requiring the Bureau of Finance and Management to create a website making certain state government information available to the public.

Sen. Apa moved that HB 1233 be amended as follows:

1233aa

On page 5, after line 1 of the printed bill, insert:

"Section 7. There is hereby appropriated from the general fund the sum of seven hundred twenty-two thousand eighty dollars ($ 722,080 ), or so much thereof as may be necessary, to the Bureau of Finance and Management for the purpose of development and operation of the searchable website described in this Act.

Section 8. The commissioner of the Bureau of Finance and Management shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

Sen. Heidepriem requested a roll call vote.

Which request was supported.

The question being on Sen. Apa's motion that HB 1233 be amended.

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Albers; Apa; Dempster; Duenwald; Gray; Hansen (Tom); Hunhoff; Knudson; Lintz; McNenny; Napoli; Schmidt (Dennis); Smidt (Orville)

Nays:
Abdallah; Bartling; Gant; Garnos; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; McCracken; Nesselhuf; Olson (Ed); Sutton; Turbak Berry; Two Bulls

Excused:
Peterson (Jim)

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 HB 1233 pass?"

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Abdallah; Bartling; Gant; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; McCracken; Nesselhuf; Olson (Ed); Schmidt (Dennis); Sutton; Turbak Berry; Two Bulls

Nays:
Albers; Apa; Dempster; Duenwald; Garnos; Gray; Hansen (Tom); Hunhoff; Knudson; Lintz; McNenny; Napoli; Smidt (Orville)

Excused:
Peterson (Jim)

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 rules be suspended for the sole purpose of deferring HB 1279, 1076, 1300, 1124, 1226, 1227, 1087, 1085, 1069, and 1047 to Wednesday, February 27, the 32^nd legislative day.

The question being on Sen. Knudson's motion that the rules be suspended for the sole purpose of deferring HB 1279, 1076, 1300, 1124, 1226, 1227, 1087, 1085, 1069, and 1047 to Wednesday, February 27, the 32^nd legislative day.

Yeas 33, Nays 0, Excused 2, 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; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Koetzle; Peterson (Jim)

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

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 17, 46, 52, 57, 58, 80, 85, 92, 97, 129, 157, and 173 and finds the same correctly enrolled.