Stick a fork in it! Here comes the Fighting Flickertails!

Those on the committee said there was not much discussion before the vote.

"I think minds were made up. I wasn't expecting the motion (to vote on the bill), but that's OK with me because I don't think keeping it in committee would change one thing or another," said committee Chairman Layton Freborg, R-Underwood. "It just slows down the e-mails a little bit."

Sen. Richard Marcellais, D-Belcourt, brought the motion and also will be presenting the bill when it comes to the floor. Marcellais said cost was one factor in the committee's unfavorable recommendation since there are a number of possible lawsuits that could result from the bill's passage.

Attorney General Wayne Stenehjem has said he believes passing the bill would fly in the face of North Dakota's constitution, which, he said, gives the power over the issue to the Board of Higher Education. The settlement already signed with the NCAA also makes it difficult for North Dakota to sue again, he said.

The committee speculated there could be a lawsuit with the NCAA, between the state Board of Higher Education and the Legislature or some other combination of parties.

Sen. Tim Flakoll, R-Fargo, introduced an amendment to the bill that would have limited public funds for any potential lawsuit to $1 million, though the amendment was voted down.

"There was a question of whether the Legislature has the legal authority to pass this bill, and that could've been litigated," Flakoll said, noting that it cost about $880,000 in legal fees just to reach the settlement with the NCAA.

Flakoll, who voted for the unfavorable recommendation, said passage of the amendment wouldn't have changed his mind but would have made the bill better by capping the taxpayers' contribution.

Marcellais said another reason he was against the bill was because many of those directly affected were against the legislation as well.

"When you looked at all five entities involved, they were all against it except Spirit Lake," he said.

"During the testimony, I noted that a lot of those who testified in support were alumni, while those against the bill are current students," Marcellais added later.

Flakoll saw the same pattern.

Other arguments were that the bill simply came too late and distracted from UND's educational purposes.

Freborg, along with Sen. Gary Lee, R-Casselton, were the only two in support of the bill.

"I think if UND removes the logo, it should come from within the system, not outside of the state," Freborg said, referring to pressure from the NCAA.

Freborg said he thinks passage of the bill would easily result in a lawsuit, and, referring to Flakoll's failed amendment, did not think $1 million would cover the costs.

"I don't know that you can fight a lawsuit of that nature for $1 million," he said. "If we're going to get in a lawsuit, we'd have to finish it."

Then there is also the issue of the logo itself.

Marcellais, a member of the Turtle Mountain Band of Chippewa, said he does not believe American Indians should be used as mascots. He said many tribes are changing their name to reflect their location because the tribal names have been used as mascots.

Rep. David Monson, R-Osnabrook, originally sponsored a similar bill to keep the nickname and was supportive of HB1263, the only bill the House chose to pass.

Monson said he had heard that some senators were worried about adopting the bill because it forced the nickname to stay "with no ifs, ands or buts about it." He said he was hoping the committee would have used a provision from his bill that required the approval of Standing Rock tribal members before the name could be used.

Sens. Joan Heckaman, D-New Rockford, Don Schaible, R-Mott, and Larry Luick, R-Fairmont also voted against the bill.

The Senate could hear the bill as early as Thursday.