JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION




EIGHTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 23, 2009

     The Senate convened at 12:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Auggie Minzlaff, followed by the Pledge of Allegiance led by Senate page Daine McNenny.

     Roll Call: All members present except Sens. Rhoden and Schmidt who were excused.

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 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,
Bob Gray, Chair

     Which motion prevailed.
     There being no objection, the Senate proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 1 Introduced by: Senators Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen, Tom; Hanson, Gary; Haverly; Heidepriem; Howie; Hundstad; Hunhoff, Jean; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup, Al; Olson, Russell; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-fourth Legislature of the State of South Dakota to Jameson Berreth, Maggie Boe, Caitlin Forman, Shelby Freeman, Brittani Harris, Daine McNenny, Amy Miles, Emily Mutschelknaus, Mariah Potts, Benjamin White

    WHEREAS, the above named served loyally as pages for the Senate of the Eighty-fourth Legislative Session; and

    WHEREAS, the members of the Eighty-fourth Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-fourth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

     Sen. Knudson moved that Senate Page Resolution 1 be adopted.

     The question being on Sen. Knudson's motion that Senate Page Resolution 1 be adopted.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Rhoden; Schmidt


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

     There being no objection, the Senate reverted to Consideration of Executive Appointments.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

     The Senate proceeded to the consideration of the executive appointment of Dana Dykhouse of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Science and Technology Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Dana Dykhouse pursuant to the executive message as found on page 51 of the Senate Journal?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Nays:
Maher

     Excused:
Kloucek; Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of Graham Fleming of Berkeley, California, to the South Dakota Science and Technology Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Graham Fleming pursuant to the executive message as found on page 51 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0


     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of Thomas Oster of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Education.

     The question being "Does the Senate advise and consent to the executive appointment of Thomas Oster pursuant to the executive message as found on page 42 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive reappointment of Patricia Simmons of Davison County, Mitchell, South Dakota, to the South Dakota Board of Education.

     The question being "Does the Senate advise and consent to the executive reappointment of Patricia Simmons pursuant to the executive message as found on page 44 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0


     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of Terry Sabers of Davison County, Mitchell, South Dakota, to the South Dakota Board of Education.

     The question being "Does the Senate advise and consent to the executive appointment of Terry Sabers pursuant to the executive message as found on page 44 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive reappointment of Stacy Phelps of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education.

     The question being "Does the Senate advise and consent to the executive reappointment of Stacy Phelps pursuant to the executive message as found on page 60 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0


     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of Gerry Schlenker of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

     The question being "Does the Senate advise and consent to the executive appointment of Gerry Schlenker pursuant to the executive message as found on page 47 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of Keith James Bonenberger of Jackson County, Kadoka, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive appointment of Keith James Bonenberger pursuant to the executive message as found on page 32 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0


     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of Jesse B. Sondreal of Meade County, Sturgis, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive appointment of Jesse B. Sondreal pursuant to the executive message as found on page 27 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of Krista Heeren- Graber of Hutchinson County, Freeman, South Dakota, to the South Dakota Council for Interstate Adult Offender Supervision.

     The question being "Does the Senate advise and consent to the executive appointment of Krista Heeren-Graber pursuant to the executive message as found on page 27 of the Senate Journal?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0



     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Dempster; Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of Patricia A. Meyers of Pennington County, Rapid City, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive appointment of Patricia A. Meyers pursuant to the executive message as found on page 32 of the Senate Journal?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Dempster; Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of James P. Smith of Hughes, Pierre, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive appointment of James P. Smith pursuant to the executive message as found on page 48 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0


     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Dempster; Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive appointment of Teresa Marts of Tripp County, Winner, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Teresa Marts pursuant to the executive message as found on page 50 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Dempster; Rhoden; Schmidt

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

     The Senate proceeded to the consideration of the executive reappointment of Judith Hines of Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Judith Hines pursuant to the executive message as found on page 50 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0


     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Dempster; Rhoden; Schmidt

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 39, 47, and 48 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 17 and returns the same with the recommendation that said bill be amended as follows:

17fa

     On page 8, line 11, of the printed bill, delete " 1009 " and insert " 2009 ".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 18 and returns the same with the recommendation that said bill be amended as follows:

18oa

     On page 1, line 8, of the printed bill, after "subchapter B," insert " part 387 and ".

     On page 2, line 7 of the printed bill, after "of" insert " part 387 and ".

    And that as so amended said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 42 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 44 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1020, 1027, 1029, 1030, 1044, 1045, 1046, 1047, 1085, and 1087 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1002: A CONCURRENT RESOLUTION, To honor and congratulate Barack Obama, the forty-fourth President of the United States of America.

    Was read the second time.

     Sen. Heidepriem moved that the Senate do concur in HCR 1002 as found on page 81 of the House Journal.

     The question being on Sen. Heidepriem's motion that the Senate do concur in HCR 1002.

     And the roll being called:



     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Dempster; Howie; Rhoden; Schmidt

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1002 was concurred in.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 79  Introduced by:  Senators Jerstad, Adelstein, Ahlers, Bartling, Dempster, Merchant, Miles, Nesselhuf, Novstrup (Al), and Tieszen and Representatives Engels, Blake, Bolin, Burg, Curd, Cutler, Dennert, Elliott, Feickert, Feinstein, Gibson, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Lange, Lederman, Lucas, McLaughlin, Moser, Nygaard, Schrempp, Solberg, Sorenson, Street, Thompson, Vanderlinde, and Wismer

     FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of seat belt laws.

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

     SB 80  Introduced by:  Senators Knudson and Heidepriem and Representatives Faehn and Hunhoff (Bernie)

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

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

     SB 81  Introduced by:  Senators Gray, Bradford, Garnos, and Nesselhuf and Representatives Schlekeway, Bolin, Lucas, Sorenson, and Thompson

     FOR AN ACT ENTITLED, An Act to authorize the use of interscholastic activity admission fees by certain endowment funds.

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


     SB 82  Introduced by:  Senators Schmidt, Ahlers, Bartling, Fryslie, Gant, Howie, Kloucek, Maher, Miles, Peterson, and Rhoden and Representatives Brunner, Greenfield, Jensen, Kirkeby, Kopp, Lederman, Noem, Olson (Betty), Russell, Steele, and Verchio

     FOR AN ACT ENTITLED, An Act to provide for the right to possess a firearm on the campuses of public institutions of higher education.

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

     SB 83  Introduced by:  Senators Knudson, Adelstein, Dempster, Hansen (Tom), Heidepriem, Hunhoff (Jean), Miles, and Nesselhuf and Representatives Faehn, Curd, Cutler, Feinstein, Hunhoff (Bernie), Lucas, McLaughlin, Pitts, Rave, Sly, Thompson, and Tidemann

     FOR AN ACT ENTITLED, An Act to prohibit smoking tobacco or carrying lighted tobacco products in certain places and to require certain persons to inform violators of the prohibition.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance requirements.

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

     HB 1027: FOR AN ACT ENTITLED, An Act to provide for certain employer insurance assistance programs.

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

     HB 1029: FOR AN ACT ENTITLED, An Act to modify the requirements for a filing of a consent to rate for property casualty insurance.

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

     HB 1030: FOR AN ACT ENTITLED, An Act to repeal certain requirements for the filing of annual actuarial certifications.

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


     HB 1044: FOR AN ACT ENTITLED, An Act to define a multidistrict, career and technical academy and to provide provisions for the establishment of such an academy.

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

     HB 1045: FOR AN ACT ENTITLED, An Act to repeal the provisions for the South Dakota Academic Achievement Test Advisory Council.

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

     HB 1046: FOR AN ACT ENTITLED, An Act to revise the eligibility requirements for the Richard Hagen-Minerva Harvey memorial scholarship award.

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

     HB 1047: FOR AN ACT ENTITLED, An Act to increase the membership of the board of directors of the Economic Development Finance Authority.

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

     HB 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning magistrate judge jurisdiction.

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

     HB 1087: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the number of peremptory challenges in cases involving very high felonies.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 56: FOR AN ACT ENTITLED, An Act to change certain references regarding a grain dealer to a grain buyer.

     Was read the second time.

     The question being "Shall SB 56 pass?"

     And the roll being called:


     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Dempster; Rhoden; Schmidt

     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 58: FOR AN ACT ENTITLED, An Act to require notification regarding the construction of certain wind energy projects.

     Was read the second time.

     The question being "Shall SB 58 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Dempster; Rhoden; Schmidt

     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 60: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to implement and comply with certain federal energy acts.

     Was read the second time.

     The question being "Shall SB 60 pass?"

     And the roll being called:


     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Excused:
Dempster; Rhoden; Schmidt

     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. 9.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 68 as found on page 137 of the Senate Journal ; also

     Judiciary on SB 65 as found on page 140 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that SB 5, 8, 53, 54, 55, 59, and 71 be deferred to Monday, January 26, the 9th legislative day.

     Which motion prevailed.

     Sen. Gant moved that the Senate do now adjourn, which motion prevailed and at 1:09 p.m. the Senate adjourned.

Trudy Evenstad, Secretary