JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



SIXTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 17, 2001

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

     The prayer was offered by the Chaplain, Vicar Karl Bohmer, followed by the Pledge of Allegiance led by Senate page Kari Bender.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fifth day and finds that the following correction shall be made:

    On page 63, after line 2, insert:

"FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 74   Introduced by:  Senator Munson and Representative Konold

       FOR AN ACT ENTITLED, An Act to   add the Student Loan Marketing Association to certain existing permitted investments of insurers and to declare an emergency.

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

     SB 75   Introduced by:  Senators Koetzle, Bogue, Diedrich (Larry), and Everist and Representatives Murschel, Broderick, Jaspers, and Olson (Mel)

       FOR AN ACT ENTITLED, An Act to   revise how candidates' names are positioned on ballots in municipal elections.

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

     All other errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Arnold M. Brown, Chair

     Which motion prevailed and the report was adopted.

CONSIDERATION OF EXECUTIVE AND JUDICIAL APPOINTMENTS


     The Senate proceeded to the consideration of the judicial appointment of Robert D. Hofer of Hughes County, Pierre, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the judicial appointment of Robert D. Hofer pursuant to the judicial message as found on page 5 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Drake

     Excused:
Kleven

     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 Dennis Haan of Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Dennis Haan pursuant to the executive message as found on page 7 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     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 Dawn A. Nelson of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Dawn A. Nelson pursuant to the executive message as found on page 8 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     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 Ronald L. Morrow of Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Ronald L. Morrow pursuant to the executive message as found on page 8 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     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 Dennis Neugebauer of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Dennis Neugebauer pursuant to the executive message as found on page 5 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     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 Douglas J. Sharp of Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Douglas J. Sharp pursuant to the executive message as found on page 6 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Olson (Ed)

     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 D. J. Mertens of Jones County, Murdo, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive appointment of D. J. Mertens pursuant to the executive message as found on page 6 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Olson (Ed)

     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 C. Roby of Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive appointment of James C. Roby pursuant to the executive message as found on page 7 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
de Hueck; Munson


     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 Shane C. Penfield of Perkins County, Vermillion, South Dakota, to the State Board of Regents.

     The question being "Does the Senate advise and consent to the executive appointment of Shane C. Penfield pursuant to the executive message as found on page 9 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 28 and returns the same with the recommendation that said bill be amended as follows:

28oa

     On page 21, line 23 of the printed bill, delete " 24-6 " and insert "24-16".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SCR 3 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
Barbara Everist, Chair

 Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 26 and 56 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill be amended as follows:

64ta

     On page 1,line 8 of the printed bill, delete " secretaries " and insert "secretary".

     On page 1 , line 9, delete " departments " and insert "Department of Agriculture and the Game, Fish and Parks Commission".

     On page 1 , line 11, delete " secretaries of the departments " and insert "secretary of the Department of Agriculture and the Game, Fish and Parks Commission".

     On page 2 , line 4, delete " departments " and insert "the Department of Agriculture and the Game, Fish and Parks Commission".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Joe Nadenicek of Hughes County, South Dakota, to the Southwestern Low-Level Radioactive Waste Disposal Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Bob McDonald of Hughes County, South Dakota, as an alternate to the Southwestern Low-Level Radioactive Waste Disposal Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Steven M. Pirner of Hughes County, South Dakota, as Secretary of the Department of Environment and Natural Resources and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Larry Diedrich, Chair

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 33 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 23 and 31 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill be amended as follows:

32ja

     On page 1, line 15 of the printed bill, delete " proceedings post-commitment " and insert " post-commitment proceedings".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Kenneth D. Albers, Chair


REPORTS OF JOINT-SELECT COMMITTEES


 MADAM 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 Seventy-fifth Legislative Session be adopted as the joint rules of the Seventy-sixth Legislative Session.

    The joint rules and the rules of the Senate and the House shall be printed in the Senate Journal.

Respectfully submitted,             Respectfully submitted,
Scott Eccarius             Barbara Everist
Bill Peterson             Arnold Brown

House Committee             Senate Committee

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

     Sen. Everist moved that the report of the Joint-Select Committee relative to the joint rules be adopted.

     The question being on Sen. Everist's motion that the report of the Joint-Select Committee relative to the joint rules be adopted.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

MESSAGES FROM THE HOUSE


MADAM 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 Seventy-sixth Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk
MOTIONS AND RESOLUTIONS


     SCR 1:   A CONCURRENT RESOLUTION,   Appointing Mr. Marty Guindon of Pierre, South Dakota, to the office of Auditor-General.

    Was read the second time.

     Sen. Arnold Brown moved that SCR 1 as found on page 16 of the Senate Journal be adopted.

     The question being on Sen. Arnold Brown's motion that SCR 1 be adopted.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Whiting

     Excused:
Volesky

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 12:45 p.m. on Thursday, January 18, the 7th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF SELECT COMMITTEES


     Sen. Everist moved that the report of the Senate Select Committee relative to Senate Rules as found on page 54 of the Senate Journal be adopted.

     The question being on Sen. Everist's motion that the report of the Senate Select Committee relative to the adoption of the temporary rules as the permanent Senate Rules of the Seventy- sixth Legislative Session be adopted as amended.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 29 as found on page 58 of the Senate Journal ; also

     Commerce on SB 35 as found on page 60 of the Senate Journal ; also

     Commerce on SB 36 as found on page 60 of the Senate Journal ; also

     Commerce on SB 37 as found on page 61 of the Senate Journal ; also

     Education on SB 63 as found on page 60 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 76   Introduced by:  Senators Brosz and McIntyre and Representatives Pitts and Flowers

       FOR AN ACT ENTITLED, An Act to   revise the provisions concerning vetoes and overrides in the aldermanic form of government.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Bogue requested that SB 16 be removed from the Consent Calendar.

     Sen. Moore requested that SB 61 be removed from the Consent Calendar.

     Sen. Kleven requested that SB 15 be removed from the Consent Calendar.

     Sen. Dennert requested that SB 34 be removed from the Consent Calendar.

     SB 13:   FOR AN ACT ENTITLED, An Act to   allow a school district to deposit the proceeds from the sale of surplus property into its capital outlay fund.

     Was read the second time.

     The question being "Shall SB 13 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     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 17:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the right to renew certain leases on school and public lands.

     Was read the second time.

     The question being "Shall SB 17 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     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 54:   FOR AN ACT ENTITLED, An Act to   update certain citations to federal law regarding pipeline safety inspection.

     Was read the second time.

     The question being "Shall SB 54 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     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 38:   FOR AN ACT ENTITLED, An Act to   revise health plan coverage requirements for newborns and newly adopted children.

     Was read the second time.

     Sen. Munson moved that SB 38 be deferred to Wednesday, January 24, the 11th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 41:   FOR AN ACT ENTITLED, An Act to   authorize the recovery of costs in contested cases for the real estate appraiser program and to repeal certain provisions regarding an appraiser's license.

     Was read the second time.

     The question being "Shall SB 41 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
de Hueck; Staggers

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

     SB 30:   FOR AN ACT ENTITLED, An Act to   allow parole violation and noncompliance hearings to be conducted through telephone conferencing or interactive video conferencing.

     Was read the second time.

     The question being "Shall SB 30 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     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 53:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reunification of an abused or neglected child with a parent and the subsequent termination of parental rights.

     Was read the second time.

     The question being "Shall SB 53 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
de Hueck; Hutmacher

     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 62:   FOR AN ACT ENTITLED, An Act to   repeal certain penalties against persons teaching in nonpublic schools.

     Was read the second time.

     Sen. Everist moved that SB 62 be deferred to Thursday, January 18, the 7th legislative day.

     Which motion prevailed and the bill was so deferred.

     Sen. Koskan moved that the Senate do now adjourn, which motion prevailed and at 3:12 p.m. the Senate adjourned.

Patricia Adam, Secretary