JOURNAL OF THE SENATE

NINETY-THIRD SESSION



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 23, 2018

    The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Emily Munger, followed by the Pledge of Allegiance led by Senate page Cody Marshall.

    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 twenty-seventh 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,
Brock L. Greenfield, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1270 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1116 and returns the same with the recommendation that said bill be amended as follows:

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    On page 2 of the House Transportation Committee engrossed bill, line 7, delete everything after "than" and insert "six thousand seven thousand five hundred miles per year;".

    And that as so amended said bill do pass.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1107 and 1157 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 HB 1137 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1093 and 1255 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 HB 1007 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 6, of the House engrossed bill, delete everything after "." .

    On page 1, delete line 7.

    And that as so amended said bill do pass.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 61 and 64 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 15, 16, 31, 47, and 74 were delivered to his Excellency, the Governor, for his approval at 8:35 a.m., February 23, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SCR 12 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1012 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 61 and 64 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1067, 1132, 1160, 1192, 1200, 1264, 1281, 1297, 1313, and 1318 and HJR 1006 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

    Yesterday, Sen. Tidemann announced his intention to reconsider the vote by which SJR 9 lost.

    No member moved to reconsider the vote by which SJR 9 lost.

    SCR 17 Introduced by: Senators Heinert, Cammack, Cronin, Frerichs, Haverly, Jensen (Phil), Kennedy, Killer, Maher, Nelson, Nesiba, Rusch, Sutton, and Youngberg and Representatives Bordeaux, Ahlers, Bartling, Campbell, Goodwin, Hawley, Jamison, Johnson, Lake, Lesmeister, Livermont, Marty, May, Ring, Schoenfish, Smith, and Wismer

        A CONCURRENT RESOLUTION, Supporting and encouraging the continued funding of the Native American achievement school program at Todd County Middle School.

    WHEREAS, the Native American achievement school program at Todd County Middle School is funded through the Native American achievement school grant program established by § 13-14-16; and

    WHEREAS, the program is designed to lead to postsecondary education readiness and work readiness; and

    WHEREAS, the program supports the recruitment and retention of highly effective teachers and administrators; and

    WHEREAS, the program demonstrates commitment to the implementation of the Oceti Sakowin Essential Understandings and Standards across the curriculum and the implementation of courses offering instruction in Dakota, Lakota, or Nakota languages; and
    WHEREAS, the program maintains a school environment that cultivates diversity of the student population and promotes a sense of belonging; and

    WHEREAS, this program forms partnerships with community organizations or governmental entities and plans for sustainability; and

    WHEREAS, Todd County Middle School has seen tremendous improvement and success in their students since receiving a Native American achievement school grant:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature supports and encourages continued funding through § 13-14-16 for the Native American achievement school program at Todd County Middle School.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 17 on the calendar of Monday, February 26th, the twenty-ninth legislative day.

    HCR 1012: A CONCURRENT RESOLUTION, Urging the United States Environmental Protection Agency (EPA) to identify a regulatory path to provide Reid vapor pressure (RVP) relief to E15.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1012 on the calendar of Monday, February 26th, the twenty-ninth legislative day.

    Sen. Curd moved that HB 1236 and 1094 be deferred to Monday, February 26th, the twenty-ninth legislative day.

    Which motion prevailed.

    Sen. Curd moved that HB 1070 and 1121 be deferred to Tuesday, February 27th, the thirtieth legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on SB 161 as found on page 547 of the Senate Journal; also

    Judiciary on SB 92 as found on page 547 of the Senate Journal; also

    Agriculture and Natural Resources on SB 166 as found on page 544 of the Senate Journal; also

    Agriculture and Natural Resources on SB 183 as found on page 546 of the Senate Journal be adopted.

    Which motion prevailed.

    Sen. Nelson moved that SB 181 be placed on the calendar of Friday, February 23rd, the twenty-eighth legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

    The question being on Sen. Nelson's motion that SB 181 be placed on the calendar of Friday, February 23rd, the twenty-eighth legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

    And the roll being called:

    Yeas 14, Nays 20, Excused 1, Absent 0

    Yeas:
Curd; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Monroe; Nelson; Netherton; Otten (Ernie); Peters; Russell; Stalzer; Sutton; Youngberg

    Nays:
Bolin; Cammack; Cronin; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Langer; Maher; Nesiba; Novstrup; Partridge; Rusch; Soholt; Solano; Tidemann; White; Wiik

    Excused:
Tapio

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1067: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of wineries.

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

    HB 1132: FOR AN ACT ENTITLED, An Act to revise the sponsorship and advertising agreements between certain alcoholic beverage licensees.

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

    HB 1160: FOR AN ACT ENTITLED, An Act to transfer victim services from the Department of Social Services to the Department of Public Safety.

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

    HB 1192: FOR AN ACT ENTITLED, An Act to revise certain programs and promote efficiency in state government and to make an appropriation therefor.

    Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1, and placed HB 1192 on the calendar of Monday, February 26th, the twenty-ninth legislative day.

    HB 1200: FOR AN ACT ENTITLED, An Act to revise certain on-sale full-service restaurant alcoholic beverage license provisions and to authorize municipalities and counties to lease on-sale full-service restaurant alcoholic beverage licenses.

    Was read the first time.

    HB 1264: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a precision agriculture classroom and laboratory building and renovation of the first and second floors of Berg Agriculture Hall at South Dakota State University.

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

    HB 1281: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding persons on probation and to declare an emergency.

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

    HB 1297: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital outlay obligations.

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

    HB 1313: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of distillers and cider manufacturers.

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


    HB 1318: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Health and Educational Facilities Authority to transfer or grant excess reserves to any South Dakota governmental entity.

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

    HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Scott Knuppe of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Technical Education.

    The question being "Does the Senate advise and consent to the executive appointment of Scott Knuppe pursuant to the executive message as found on page 38 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1213: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding telephone and telegraph corporations.

    Was read the second time.


    The question being "Shall HB 1213 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; Wiik; Youngberg

    Excused:
White

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 187: FOR AN ACT ENTITLED, An Act to accommodate legislation authorizing the issuance of wine manufacturer licenses.

    Was read the second time.

187aa

    Sen. Solano moved that SB 187 be amended as follows:

    On page 3 of the Senate Local Government Committee engrossed bill, delete lines 1 to 3, inclusive.

    On page 3, line 9, after "2018," delete "and" and insert "or".

    On page 3, line 10, after "Bottled," insert "Blended and Bottled, Cellared and Bottled, Vinted and Bottled or Prepared and Bottled,".

    Which motion prevailed.

187ke

    Sen. Frerichs moved that SB 187 be amended as follows:

    On page 3, line 5, of the Senate Local Government Committee engrossed bill, delete "shall" and insert "may".

    On page 3, line 6, delete "fifty" and insert "twenty-five".

    Which motion lost.

    The question being "Shall SB 187 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 5, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; White; Youngberg

    Nays:
Frerichs; Killer; Novstrup; Tidemann; Wiik

    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 166: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the inspection of moisture-measuring devices.

    Was read the second time.

    The question being "Shall SB 166 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    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 193: FOR AN ACT ENTITLED, An Act to require certain local governmental units to cooperate with federal agencies and to provide a penalty therefor.

    Was read the second time.

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    Sen. Russell moved that SB 193 be amended as follows:

    On page 2, line 18, of the printed bill, before "attorney general" insert "circuit court upon petition by the".

    Which motion prevailed.

    The question being "Shall SB 193 pass as amended?"

    And the roll being called:

    Yeas 15, Nays 20, Excused 0, Absent 0

    Yeas:
Curd; Greenfield (Brock); Jensen (Phil); Klumb; Langer; Maher; Monroe; Nelson; Netherton; Otten (Ernie); Russell; Stalzer; Sutton; Tapio; Wiik

    Nays:
Bolin; Cammack; Cronin; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Kolbeck; Nesiba; Novstrup; Partridge; Peters; Rusch; Soholt; Solano; Tidemann; White; Youngberg

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

    SB 92: FOR AN ACT ENTITLED, An Act to provide a felony penalty for the intentional injury or disfigurement by certain corrosive materials.

    Was read the second time.

    The question being "Shall SB 92 pass as amended?"

    And the roll being called:

    Yeas 20, Nays 15, Excused 0, Absent 0

    Yeas:
Bolin; Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Russell; Solano; Stalzer; Tapio; Wiik

    Nays:
Cammack; Cronin; Curd; Haverly; Kennedy; Langer; Nesiba; Partridge; Peters; Rusch; Soholt; Sutton; Tidemann; White; Youngberg

    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 161: FOR AN ACT ENTITLED, An Act to revise provisions regarding assault committed against certain persons.

    Was read the second time.

161aa

    Sen. Jensen (Phil) moved that SB 161 be amended as follows:

    On page 1, line 7, of the printed bill, overstrike "or other public officer,".

    On page 1, line 12, overstrike "or other public officer,".

    Which motion prevailed.

    The question being "Shall SB 161 pass as amended?"

    And the roll being called:

    Yeas 10, Nays 25, Excused 0, Absent 0

    Yeas:
Greenfield (Brock); Jensen (Phil); Killer; Klumb; Kolbeck; Netherton; Novstrup; Russell; Stalzer; Tapio

    Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Langer; Maher; Monroe; Nelson; Nesiba; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White; Wiik; Youngberg

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


    SB 174: FOR AN ACT ENTITLED, An Act to make an appropriation to help veterans and certain others.

    Was read the second time.

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    Sen. Cronin moved that SB 174 be amended as follows:

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    A South Dakota Veteran's Cemetery shall be provided for through the normal budget process.

    Section 2. That § 35-5-22 be amended to read:

    35-5-22. Twenty-five Twenty-three and one-third percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the municipalities. Each municipality's share of the fund shall be determined by the ratio of the population of each municipality to the total population of all the municipalities sharing in the receipts. The Department of Revenue shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the finance officer of each municipality its share of the fund. The amount received by each municipality shall be deposited in the municipality's general fund.

    Section 3. That § 35-5-22.2 be amended to read:

    35-5-22.2. Twenty-five Twenty-three and one-third percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the counties. Twenty-five percent of such alcoholic beverage fund so distributed to counties shall be divided equally by all counties. The remaining seventy-five percent shall be allocated to counties by the ratio of the population of each county to the total population of all the counties sharing in the receipts. The Department of Revenue shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the county auditor of each county its share of the fund. The amount received by each county shall be deposited in the county's general fund to be dedicated to expenses related to county law enforcement, jails, state's attorneys, public defenders, and court-appointed attorneys. "


    Which motion prevailed.

    The question being "Shall SB 174 pass as amended?"

    And the roll being called:

    Yeas 28, Nays 7, Excused 0, Absent 0


    Yeas:
Bolin; Cammack; Cronin; Curd; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Killer; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Nays:
Ewing; Jensen (Phil); Klumb; Nelson; Netherton; Russell; Tapio

    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.

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    Sen. Cronin moved that the title to SB 174 be amended as follows:

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide certain assistance to veterans and to revise the distribution of revenue from the alcohol beverage fund.".

    On page 1, delete line 2.

    Which motion prevailed and the title was so amended.

SIGNING OF BILLS

    The President publicly read the title to

    SB 25: FOR AN ACT ENTITLED, An Act to revise certain fees for entities permitted under the national pollutant discharge elimination system.

    SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of snowmobiles.

    SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of a motor vehicle title.

    SB 61: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding sex offender registration.

    SB 64: FOR AN ACT ENTITLED, An Act to revise certain provisions related to attempted human trafficking in the first degree and to provide a penalty therefor.

    HB 1017: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2017.

    HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trust companies.

    HB 1029: FOR AN ACT ENTITLED, An Act to increase certain fees for self-insurance by employers.

    HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions and references regarding real estate licensing.

    HB 1032: FOR AN ACT ENTITLED, An Act to exempt credit unions from the requirements to be licensed as real estate brokers.

    HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prompt payment act.

    HB 1052: FOR AN ACT ENTITLED, An Act to authorize the executive director of the Board of Pardons and Paroles to issue a warrant in the event of any escape from extended confinement.

    HB 1072: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

    HB 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal of security freezes.

    HB 1079: FOR AN ACT ENTITLED, An Act to authorize certain physical therapists to perform dry needling as a treatment technique.

    HB 1082: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licensure for the lending of money.

    HB 1084: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding garnishment disclosure forms.

    HB 1085: FOR AN ACT ENTITLED, An Act to adopt the Uniform Unsworn Domestic Declarations Act.

    HB 1086: FOR AN ACT ENTITLED, An Act to exempt certain assisted living facilities from the salon license requirement.

    HB 1087: FOR AN ACT ENTITLED, An Act to allow certain students to test for cosmetologist, esthetician, and nail technician licensure.

    HB 1088: FOR AN ACT ENTITLED, An Act to revise the consignment sales requirements for dealers of motorcycles, off-road vehicles, snowmobiles, boats, and boat trailers.

    HB 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding clerk magistrate jurisdiction.

    HB 1096: FOR AN ACT ENTITLED, An Act to provide jurisdiction to magistrate judges for HOPE probation programs and to declare an emergency.

    HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding magistrate court jurisdiction over vulnerable adult protective or restraining orders.

    HB 1100: FOR AN ACT ENTITLED, An Act to require a name be printed on public contracts.

    HB 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contested paternity.

    HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions related to cooperatives.

    HB 1205: FOR AN ACT ENTITLED, An Act to require certain health benefit plans to provide coverage to persons with a serious medical condition for certain dental care services.

    HB 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of night vision equipment in hunting.

    HB 1244: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the renewal of driver licenses by a member of the armed forces and their families.

    HB 1249: FOR AN ACT ENTITLED, An Act to authorize the training of tribal law officers at the Law Enforcement Training Center.

    And signed the same in the presence of the Senate.

    Sen. Wiik moved that the Senate do now adjourn, which motion prevailed and at 3:36 p.m. the Senate adjourned.

Kay Johnson, Secretary