Senate Journal 1/24/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 24, 2011

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

The prayer was offered by the Chaplain, Rev. Karl Kroger, followed by the Pledge of Allegiance led by Senate pages Joe Bliss and Grace Buchloh.

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 eighth 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,

Which motion prevailed.

The oath of office was administered by the President to the following named persons:

Pages _ Joseph Bliss, Grace Buchloh, Derek Chase, Jacob Clark, Jessica Duerre, Nicole Merriman, Marie Mulloy, Jaakko Pehkonen, Heidi Reiners, Mackenze Schauf-Benter, Sarah Schiley, Gemma Trask, Samantha White, William Wiseman

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

January 21, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have reappointed Jeffrey R. Vonk, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Game, Fish & Parks.

This reappointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the reappointment to the Committee on Agriculture and Natural Resources.

January 21, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Trevor Jones, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Public Safety.

This appointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Judiciary.

January 21, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Amy Iversen-Pollreisz, Hughes County, Pierre, South Dakota, to the position of Interim Secretary of the Department of Human Services.

This appointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Health and Human Services.

January 21, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have reappointed General Steven R. Doohen, Pennington County, Rapid City, South Dakota, to the position of Secretary of the Department of Military & Veterans Affairs.

This reappointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the reappointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 6 and 53 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 the nomination of David Wiest of Hughes County, Pierre, South Dakota, to the position of Interim Secretary of the Department of Revenue & Regulation and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Sandra Zinter of Hughes County, Pierre, South Dakota, to the position of Commissioner of the Bureau of Personnel and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Larry Rhoden, Chair

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 78 Introduced by: Senators Nygaard, Haverly, Nelson (Tom), Putnam, Tidemann, and Tieszen and Representatives Hoffman, Nelson (Stace), Perry, and Verchio

FOR AN ACT ENTITLED, An Act to repeal the provision that prohibits the use of federal income tax credits when assessing certain property.

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

SB 79 Introduced by: Senators Johnston, Heineman, Krebs, and Peters and Representatives Munsterman, Nelson (Stace), and Perry

FOR AN ACT ENTITLED, An Act to provide for the application of LEAN techniques to certain state government processes and to provide for prioritization and oversight of the lean government program.

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

SB 80 Introduced by: Senators Cutler and Tieszen and Representatives Hunt, Bolin, Deelstra, Feinstein, Gibson, Hansen (Jon), Kirkeby, Moser, Munsterman, Novstrup (David), Olson (Betty), and Russell

FOR AN ACT ENTITLED, An Act to apply certain provisions concerning actions for recovery of damages for personal injury or death to municipal officers, employees, and volunteers.

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

SB 81 Introduced by: Senators Cutler, Adelstein, Buhl, Gray, Haverly, Krebs, and Tidemann and Representatives Gibson, Brunner, Dryden, Feickert, Hawley, Hunt, White, and Wismer

FOR AN ACT ENTITLED, An Act to require the Supreme Court to promulgate rules for parenting coordinators.

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

SB 82 Introduced by: Senator Brown and Representative Cronin

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the general fund levies of school districts.

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

SB 83 Introduced by: Senators Tidemann, Cutler, Gray, Haverly, Hunhoff (Jean), Kraus, Lederman, Peters, Rave, and Schlekeway and Representatives Kirkeby, Abdallah, Brunner, Hunt, Jensen, Olson (Betty), Tornow, Turbiville, Verchio, Wick, and Willadsen

FOR AN ACT ENTITLED, An Act to revise certain requirements relating to the publication of municipal ordinances and resolutions.

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

SB 84 Introduced by: Senators Peters, Begalka, Kraus, Maher, Rhoden, and Tieszen and Representatives Cronin, Hoffman, Miller, Moser, Nelson (Stace), Olson (Betty), Russell, and Verchio

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding administrative penalties when filing campaign finance disclosure statements and to create the election education and compliance fund.

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

SB 85 Introduced by: Senators Peters, Gray, Hansen (Tom), Haverly, Heineman, Kraus, Krebs, Rave, Rhoden, Schlekeway, and Tidemann and Representatives Cronin, Brunner, Conzet, Dryden, Gibson, Hunt, Kirkeby, Lust, Moser, Munsterman, Novstrup (David), and Sly

FOR AN ACT ENTITLED, An Act to revise the calculation of the small school adjustment in the state aid to education formula, and to provide for the redistribution of certain funds appropriated for state aid to education.

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

SB 86 Introduced by: Senators Peters, Haverly, Johnston, Krebs, Maher, Novstrup (Al), Rampelberg, and Rhoden and Representatives Solum, Bolin, Brunner, Dryden, and Verchio

FOR AN ACT ENTITLED, An Act to establish reports on the price of government and to make the data available to the public.

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

SB 87 Introduced by: Senators Peters, Brown, Cutler, Haverly, Hunhoff (Jean), Krebs, Schlekeway, and Tidemann and Representatives Conzet, Abdallah, Blake, Boomgarden, Dryden, Feinstein, Hunhoff (Bernie), Lucas, Van Gerpen, Wick, and Willadsen

FOR AN ACT ENTITLED, An Act to prohibit local exchange carriers from assessing certain access stimulation charges and to establish certain penalties.

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

SB 88 Introduced by: Senators Gray, Begalka, Kraus, Maher, and Rhoden and Representatives Russell, Abdallah, Hoffman, Miller, Nelson (Stace), Olson (Betty), and Verchio

FOR AN ACT ENTITLED, An Act to revise certain penalties involving the bribery of a voter.

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

SB 89 Introduced by: Senators Gray, Nelson (Tom), Schlekeway, and Tieszen and Representatives Kirkeby, Deelstra, Munsterman, Perry, Rausch, and Venner

FOR AN ACT ENTITLED, An Act to clarify a municipality's ability to assess a fee for street maintenance.

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

SB 90 Introduced by: Senator Gray and Representative Turbiville

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax incremental districts.

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

SB 91 Introduced by: Senators Garnos, Bradford, Brown, Rhoden, and Sutton and Representatives Juhnke, Brunner, Olson (Betty), and Schaefer

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to nonresident special deer hunting licenses in central South Dakota.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 92 Introduced by: Senators Garnos, Bradford, Johnston, Rave, and Schlekeway and Representatives Bolin and Sly

FOR AN ACT ENTITLED, An Act to extend for three years the period of time in which school districts may expend capital outlay funds for certain transportation, insurance, energy, and utility costs, to include group health insurance costs among those costs, and to increase the percentage of capital outlay funds which may be expended for those costs.

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

SB 93 Introduced by: Senators Rhoden, Brown, Gray, Maher, Olson (Russell), and Peters and Representatives Turbiville, Cronin, Juhnke, and Rausch

FOR AN ACT ENTITLED, An Act to authorize an organization to contribute to a political action committee and to set a limit on contributions.

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

SB 94 Introduced by: Senators Johnston, Adelstein, Lederman, Nelson (Tom), Nygaard, and Rave and Representatives Munsterman, Hawley, and Solum

FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related to building energy codes.

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

SB 95 Introduced by: Senators Maher and Lederman and Representatives Tulson, Haggar, Hansen (Jon), Jensen, Kirkeby, Russell, and Tornow

FOR AN ACT ENTITLED, An Act to provide for the printing of voting rights notices.

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

SB 96 Introduced by: Senators Maher, Bradford, Nelson (Tom), Schlekeway, and Tieszen and Representatives Cronin, Feickert, Olson (Betty), and Rausch

FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain documents filed with the county register of deeds.

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

SB 97 Introduced by: Senators Krebs, Bradford, and Schlekeway and Representatives Turbiville, Abdallah, Street, and Willadsen

FOR AN ACT ENTITLED, An Act to revise the membership of certain local boards of equalization.

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

SB 98 Introduced by: Senators Vehle and Bradford and Representatives Rozum, Carson, and Schrempp

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the employment of a city manager and to declare an emergency.

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

SB 99 Introduced by: Senators Vehle, Bradford, Brown, Frerichs, Fryslie, Hansen (Tom), Hundstad, Hunhoff (Jean), Krebs, Maher, Nelson (Tom), Rhoden, Sutton, and Tieszen and Representatives Rozum, Bolin, Brunner, Feickert, Hubbel, Kopp, Lust, Perry, Solum, Street, Turbiville, and Vanneman

FOR AN ACT ENTITLED, An Act to revise the provisions that determine the amount of the motor vehicle registration fees that shall be applied based on the age of the vehicles.

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

SB 100 Introduced by: Senators Novstrup (Al), Brown, Peters, and Tidemann and Representatives Greenfield, Boomgarden, Verchio, and Wick

FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding unemployment insurance benefit eligibility of workers attending approved training.

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

SB 101 Introduced by: Senators Novstrup (Al), Brown, Buhl, Haverly, Holien, Krebs, Peters, Rhoden, Sutton, and Tieszen and Representatives Hoffman, Cronin, Feickert, Hansen (Jon), Hawley, Hubbel, Hunt, Nelson (Stace), Olson (Betty), Solum, Steele, Verchio, and Wick

FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to public records.

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

SB 102 Introduced by: Senators Tidemann, Hansen (Tom), and Novstrup (Al) and Representatives Dennert, Lucas, Munsterman, Olson (Betty), Perry, Street, Turbiville, and Willadsen

FOR AN ACT ENTITLED, An Act to repeal an outdated provision regarding the assessment of property for school districts.

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

SB 103 Introduced by: Senators Tidemann, Bradford, and Tieszen and Representatives Munsterman and Hawley

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning special alcoholic beverage licenses issued in conjunction with special events.

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

SB 104 Introduced by: Senators Adelstein, Buhl, Lederman, Nygaard, Peters, and Schlekeway and Representatives Sly, Brunner, Feinstein, Liss, Lucas, Schrempp, and Verchio

FOR AN ACT ENTITLED, An Act to require each school district to develop a policy to prohibit bullying that meets certain requirements.

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

SB 105 Introduced by: Senators Adelstein, Johnston, Lederman, and Schlekeway and Representatives Steele, Feinstein, Kirkeby, Kopp, Sly, and Verchio

FOR AN ACT ENTITLED, An Act to require the use of an ignition interlock device in motor vehicles used by certain persons guilty of a second violation of driving under the influence and to provide for certain penalties with regard to ignition interlock devices.

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

SB 106 Introduced by: Senators Frerichs, Fryslie, Holien, Maher, Nygaard, Putnam, and Sutton and Representatives Hoffman, Fargen, Kloucek, Nelson (Stace), and Sigdestad

FOR AN ACT ENTITLED, An Act to provide for reciprocal nonresident trapping licenses.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 107 Introduced by: Senators Hundstad and Buhl and Representatives Hunhoff (Bernie), Abdallah, Fargen, and Moser

FOR AN ACT ENTITLED, An Act to require the state to provide the public with access to an electronic database containing certain information on any loans, grants, or tax rebates provided by the state for the purpose of economic development.

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

SB 108 Introduced by: Senators Lederman, Bradford, Fryslie, Maher, and Tieszen and Representatives Feickert, Cronin, Kirkeby, and Street

FOR AN ACT ENTITLED, An Act to allow for the appointment of an alternate board member for the county legal expense relief board.

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

SB 109 Introduced by: Senators Lederman, Begalka, Kraus, Krebs, Maher, Rhoden, Schlekeway, and Tieszen and Representatives Hoffman, Bolin, Miller, Moser, Nelson (Stace), Olson (Betty), Russell, and Verchio

FOR AN ACT ENTITLED, An Act to authorize the secretary of state to promulgate rules concerning lobbyist registration fees and to impose a penalty for the failure to timely file lobbyist or lobbyist employer reports.

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

SB 110 Introduced by: Senators Rave, Buhl, Johnston, Nygaard, and Rampelberg and Representatives Novstrup (David), Hawley, Jones, Solum, and Willadsen

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to collateral real estate mortgages.

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

SB 111 Introduced by: Senators Olson (Russell), Adelstein, Begalka, Bradford, Brown, Buhl, Fryslie, Gray, Hundstad, Hunhoff (Jean), Kraus, Krebs, Maher, Nygaard, Peters, Putnam, Rampelberg, Rave, Schlekeway, and Sutton and Representatives Vanneman, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Elliott, Fargen, Gosch, Greenfield, Haggar, Hansen (Jon), Hoffman, Hunt, Juhnke, Kirkeby, Kirschman, Kopp, Lust, Moser, Olson (Betty), Rausch, Romkema, Russell, Schaefer, Sly, Solum, Street, Stricherz, Tornow, Tulson, Van Gerpen, Verchio, and Wink

FOR AN ACT ENTITLED, An Act to extend for two years the period of time in which school districts may expend capital outlay funds for certain transportation, insurance, energy, and utility costs.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Buhl requested that SB 9 be removed from the Consent Calendar.

SB 21: FOR AN ACT ENTITLED, An Act to eliminate the requirement for single action hardware on primary exit doors for specialty resorts and vacation homes.

Was read the second time.

The question being "Shall SB 21 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that SB 48 be deferred to Thursday, January 27, the 12^th legislative day.

Which motion prevailed.

SB 2: FOR AN ACT ENTITLED, An Act to repeal, update, and make form and style revisions to certain provisions related to the Bureau of Administration.

Was read the second time.

The question being "Shall SB 2 pass as amended?"

And the roll being called:

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.

INTRODUCTION OF HONORED GUEST

The President introduced Martin Loken, Canada's Consul General, who is Canada's senior representative to the Upper Midwest states. Mr. Loken was invited to address the body.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district unreserved fund balances.

Was read the second time.

The question being "Shall SB 8 pass?"

And the roll being called:

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.

SB 12: FOR AN ACT ENTITLED, An Act to provide for a Visitation Grant Commission.

Was read the second time.

Sen. Olson moved that SB 12 be deferred to Tuesday, January 25, the 10^th legislative day.

Which motion prevailed.

SB 13: FOR AN ACT ENTITLED, An Act to revise certain evidentiary rules relating to the statements of children.

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

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 14: FOR AN ACT ENTITLED, An Act to require the mandatory reporting of abuse or neglect of elderly or disabled adults.

Was read the second time.

The question being "Shall SB 14 pass as amended?"

And the roll being called:

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.

SB 20: FOR AN ACT ENTITLED, An Act to remove the requirement of a prior felony conviction for a fourth and subsequent driving under the influence offenses.

Was read the second time.

The question being "Shall SB 20 pass?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Buhl; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Frerichs; Maher

Excused:
Bradford

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 24: FOR AN ACT ENTITLED, An Act to increase the filing fee for a rate case filed by a gas or electric public utility.

Was read the second time.

The question being "Shall SB 24 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Cutler; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

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

SB 27: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the State Electrical Commission.

Was read the second time.

The question being "Shall SB 27 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 36: FOR AN ACT ENTITLED, An Act to add a tribal member who is a certified law enforcement officer to the Law Enforcement Officers Standards Commission.

Was read the second time.

Sen. Tieszen moved that SB 36 be amended as follows:

On page 1, line 10, of the printed bill, after "tribal member" insert "and a certified law enforcement officer".

Which motion prevailed.

The question being "Shall SB 36 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Rhoden

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

The question being on the title.

Sen. Tieszen moved that the title to SB 36 be amended as follows:

On page 1, line 1, of the printed bill, after "member" insert "who is a certified law enforcement officer".

Which motion prevailed.

SB 38: FOR AN ACT ENTITLED, An Act to establish network adequacy standards, quality assessment and improvement requirements, utilization review and benefit determination requirements, and grievance procedures for managed health care plans, and to repeal certain standards for managed health care plans.

Was read the second time.

The question being "Shall SB 38 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Begalka; Maher; Brown

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 40: FOR AN ACT ENTITLED, An Act to provide that the uniform administration of certain state taxes apply to the telecommunications gross receipts tax and to limit the application of the uniform administration of certain state taxes.

Was read the second time.

The question being "Shall SB 40 pass as amended?"

And the roll being called:

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.

SB 47: FOR AN ACT ENTITLED, An Act to revise certain firm ownership provisions regarding real estate license holders and to make form and style revisions to certain provisions related to the Real Estate Commission.

Was read the second time.

The question being "Shall SB 47 pass?"

And the roll being called:

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.

SB 49: FOR AN ACT ENTITLED, An Act to authorize the Real Estate Commission to commence actions for injunctions against certain individuals and entities that engage in the practice of real estate without a license issued and to provide for recovery of costs of the injunction proceedings by the commission.

Was read the second time.

The question being "Shall SB 49 pass as amended?"

And the roll being called:

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.

SB 50: FOR AN ACT ENTITLED, An Act to revise certain certification levels of emergency medical technicians.

Was read the second time.

The question being "Shall SB 50 pass?"

And the roll being called:

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.

Sen. Tieszen moved that the Senate do now adjourn, which motion prevailed and at 3:35 p.m. the Senate adjourned.

Trudy Evenstad, Secretary