JOURNAL OF THE SENATE

SEVENTY-NINTH SESSION  



TWENTY-NINTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Saturday, February 21, 2004

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

     The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by Senate page Laura Compton.

     Roll Call: All members present except Sens. Brown and Vitter 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 twenty-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,
Eric H. Bogue, Vice Chair

     Which motion prevailed and the report was adopted.
     There being no objection, the Senate proceeded to Order of Business No. 13.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HJR 1003:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to authorize the provision of certain services to all children of school age.

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

HONORED GUESTS


     The President introduced Jessica Melvin, Ft. Pierre, Miss Rodeo South Dakota 2004, and Tara Trask, Wall, Miss South Dakota High School Rodeo Queen 2004, to the body.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Curt Jones of Marshall County, Britton, South Dakota, to the Housing Development Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Curt Jones pursuant to the executive message as found on page 448 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Brown; Kloucek; Vitter

     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 Linda Barker of Minnehaha County, Sioux Falls, South Dakota, to the Housing Development Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Linda Barker pursuant to the executive message as found on page 447 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Brown; Vitter

     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 Vivian Asmussen of Hughes County, Pierre, South Dakota, to the Commission on Human Rights.

     The question being "Does the Senate advise and consent to the executive appointment of Vivian Asmussen pursuant to the executive message as found on page 450 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Brown; Vitter

     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 Theodore J. Pins of Lake County, Wentworth, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive appointment of Theodore J. Pins pursuant to the executive message as found on page 449 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Brown; Vitter

     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


MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1191 and returns the same with the recommendation that said bill be amended as follows:

1191rv

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

    "Section 1. The Legislature finds that a human being at any stage of development or aging, from the beginning of life until death, is a separate and distinct person. At the beginning of human life, a person begins to exist and personhood is determined only by the fact that a person is a human being, and not by any other status, circumstance, or factor.

     Section 2. The Legislature finds that since the United States Constitution and federal court decisions have not resolved the question of the beginning of human life, it is within the power of this Legislature to do so. Science overwhelmingly proves and validates that fertilization of a human ovum by a human sperm marks the beginning of the life of a new and distinct human being.

     Section 3. The Legislature finds that a person in the stage of development from the beginning of life until birth, considered an unborn child, is due all the rights and privileges granted under law to a person beyond that stage of development. South Dakota law recognizes a human being who is in the stage of development from the beginning of life until birth as a separate and distinct person. The State of South Dakota has a compelling and paramount interest in the preservation and protection of all persons within and subject to its jurisdiction. This protection applies to all persons at any stage of development or aging, from the beginning of life until death. Biological parents of unborn children have interests entitled to protection in the life, health, and well-being of their unborn child.

     Section 4. That § 34-23A-10.1 be amended to read as follows:

     34-23A-10.1.   No abortion may be performed except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:

             (1)      The female is told the following by the physician who is to perform the abortion or by the referring physician, at least twenty-four hours before the abortion:

             (a)      The name of the physician who will perform the abortion;
             (b)      The particular medical risks associated with the particular abortion procedure to be employed including, when medically accurate, the risks of infection, hemorrhage, danger to subsequent pregnancies, and infertility;
             (c)      The probable gestational age of the unborn child at the time the abortion is to be performed; and
             (d)      The medical risks associated with carrying her child to term;

             (2)      The female is informed, by telephone or in person, by the physician who is to perform the abortion, by the referring physician, or by an agent of either, at least twenty-four hours before the abortion:

             (a)      That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;
             (b)      That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; and
             (c)      That she has the right to review the printed materials described in §   34-23A-10.3 and the website described in §   34-23A-10.4. The physician or the physician's agent shall orally inform the female that the materials have been provided by the State of South Dakota at no charge to the female. If the female chooses to view the materials, they shall either be given to her at least twenty-four hours before the abortion or mailed to her at least seventy-two hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee;

             (3)      The female certifies in writing, prior to the abortion, that the information described in subdivisions (1) and (2) of this section has been furnished her, and that she has been informed of her opportunity to review the information described in §   34-23A-10.3; and
             (4)      Prior to the performance of the abortion, the physician who is to perform the abortion or the physician's agent receives a copy of the written certification prescribed by subdivision (3) and certifies in writing that the information described in subdivisions (1) and (2) of this section has been provided to the female and that the physician believes that the female has had sufficient time to review and understand that information .

     The physician may provide the information prescribed in subdivision (1) by telephone without conducting a physical examination or tests of the patient, in which case the information required to be supplied may be based on facts supplied the physician by the female and whatever other relevant information is reasonably available to the physician.

     Section 5. The Legislature finds that procedures terminating the life of an unborn child impose risks to the life and health of the pregnant mother, including the possibility of causing depression, suicide or suicidal ideation, post traumatic stress disorder or other mental and emotional trauma, physical injury, and death. The Legislature further finds that a woman seeking to terminate the life of her unborn child may be subject to pressures which can cause an emotional crisis, undue reliance on the advice of others, clouded judgment, and a willingness to violate conscience to avoid those pressures. The Legislature therefore finds that great care must be taken to provide a woman seeking to terminate the life of her unborn child with complete and accurate information and adequate time to understand and consider that information in order to make a fully informed and voluntary consent to the termination.

     Section 6. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


1191ota

     On page 1, line 1 of the House engrossed bill, delete " , to reinstate the " and insert "regarding the termination of an unborn human life, revise certain provisions regarding the informed consent necessary for an abortion, and to declare an emergency."

     On page 1 , delete lines 2 and 3 .

     And that as so amended said bill do pass.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1159 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HCR 1011 and returns the same with recommendation that said resolution be amended as follows:

c1011ja

     On page 497, line 13 of the House Journal, delete " suspend " and insert "review".

     On page 498 , line 3, delete " suspend " and insert "review".

     And returns the same with the recommendation that said amended resolution be concurred in.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1214 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Kenneth D. Albers, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 37, 50, 51, 95, 173, 194, and 208 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 1, 2, 3, 6, 10, 17, 18, 19, 20, 21, 25, 29, 30, 35, 36, 38, 40, 42, 44, 47, 49, 52, 53, 55, 56, 57, 58, 60, 67, 72, 74, 78, 80, 81, 82, 83, 84, 90, 115, 124, 130, 132, 134, 135, 137, 144, 149, 159, 160, 170, 171, 181, 192, 210, and 212 were delivered to his Excellency, the Governor, for his approval at 8:10 a.m., February 21, 2004.

Respectfully submitted,
Eric H. Bogue, Vice Chair

REPORTS OF CONFERENCE COMMITTEES


MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 15 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that all House amendments be deleted, thus restoring the bill to the Senate engrossed version.

Respectfully submitted,                         Respectfully submitted,
Matt McCaulley                                Arlene H. Ham-Burr
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1013 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1013 be amended as follows:

     On page 1 , line 9 of the Senate Judiciary Committee engrossed bill, after " upon " insert " the state's attorney of the county where the judgment, decree, or order was entered and upon ".

     On page 1, line 9, delete " However, the " and insert " The ".

     On page 1 , line 10, delete " notice of the appeal on " .

Respectfully submitted,                         Respectfully submitted,
Matt McCaulley                                Patricia de Hueck
House Committee Chair                        Senate Committee Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to return herewith SB 64 and 217 which have been amended by the House and your concurrence in the amendments is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HJR 1003 which has passed the House and your favorable consideration is respectfully requested.


 Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1114 and 1175.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 173, 194, and 208 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 166 was lost on second reading and final passage.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Hennies, Hunhoff, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 209.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Hanson, Wick, and Konold as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 86.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Ed Olson moved that the Senate do concur in House amendments to SB 66.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 66.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Abdallah; Brown; Kleven; Vitter

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

     Sen. Jaspers moved that the Senate do concur in House amendments to SB 167.

     The question being on Sen. Jaspers' motion that the Senate do concur in House amendments to SB 167.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Abdallah; Brown; Vitter

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

     Sen. Duane Sutton moved that the Senate do concur in House amendments to SB 188.

     The question being on Sen. Sutton's motion that the Senate do concur in House amendments to SB 188.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Brown; LaPointe; Vitter

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

     Sen. Dempster moved that the Senate do concur in House amendments to SB 193.

     The question being on Sen. Dempster's motion that the Senate do concur in House amendments to SB 193.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Brown; Kurtenbach; Vitter

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

     Sen. Bogue moved that the Committee on Judiciary be instructed to deliver HB 1275 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     HCR 1012:   A CONCURRENT RESOLUTION,   Requesting the Federal Communications Commission to reconsider its order on local number portability.

    Was read the second time.

     Sen. McCracken moved that the Senate do concur in HCR 1012 as found on page 498 of the House Journal.


c1012fc

     Sen. McCracken moved that HCR 1012 be amended as follows:

     On page 499, line 3 of the House Journal, after " hereby " insert "affirms its support for the portability of local phone numbers but".

     On page 499 , line 4, delete " reconsider its order on local number portability so that " and insert "address concerns about".

     On page 499 , line 5, delete " can be appropriately addressed " .

     Which motion prevailed.

     The question being on Sen. McCracken's motion that the Senate do concur in HCR 1012 as amended.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Abdallah; Brown; Koetzle; Vitter

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1012 was concurred in as amended.

     HCR 1015:   A CONCURRENT RESOLUTION,   Urging the South Dakota Board of Education to integrate the principles of basic personal finance into the public school curricula in South Dakota.

    Was read the second time.

     Sen. Schoenbeck moved that the Senate do concur in HCR 1015 as found on page 645 of the House Journal.

     The question being on Sen. Schoenbeck's motion that the Senate do concur in HCR 1015.

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Nays:
Nachtigal

     Excused:
Brown; Koetzle; Vitter

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1015 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HB 1297 as found on page 586 of the Senate Journal ; also

     Commerce on HB 1052 as found on page 588 of the Senate Journal ; also

     Taxation on HB 1182 as found on page 591 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Kloucek requested that HB 1211 be removed from the Consent Calendar.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1068:   FOR AN ACT ENTITLED, An Act to   establish a fund for the payment of extraordinary litigation expenses, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     Sen. Bogue moved that HB 1068 and 1281 be deferred to Monday, February 23, the 30th legislative day.

     Which motion prevailed.

     Sen. Apa moved that HB 1304 and 1305 be placed to precede HB 1283 on today's calendar.

     Which motion prevailed.

     HB 1304:   FOR AN ACT ENTITLED, An Act to   increase the personal needs allowance for certain medicaid recipients.

     Was read the second time.

     The question being "Shall HB 1304 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Brown; de Hueck; Vitter

     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.

     HB 1305:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the veterans' bonus program, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1305 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Nays:
Greenfield

     Excused:
Brown; Vitter

     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.

     HB 1283:   FOR AN ACT ENTITLED, An Act to   exempt certain purchases of material used in the production of greenhouse, nursery, and ornamental plants from sales and use taxes.

     Having had its second reading was up for consideration and final passage.

     Sen. de Hueck moved that HB 1283 be deferred to Monday, February 23, the 30th legislative day.

     Which motion prevailed.

     HB 1001:   FOR AN ACT ENTITLED, An Act to   provide for a basic high school program and a recommended high school program and to require most students to complete the recommended one.

     Having had its second reading was up for consideration and final passage.

1001fa

     Sen. Duenwald moved that HB 1001 be amended as follows:

     On page 2, line 15 of the printed bill, delete " regents " and insert "South Dakota".

     Which motion prevailed.

1001ca

     Sen. Kooistra moved that HB 1001 be further amended as follows:

     On page 2, line 1 of the printed bill, after " . " insert " The recommended high school program shall also include the study of a foreign language. "
     Which motion lost.

     Sen. McCracken moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1001 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent 0

     Yeas:
Abdallah; Apa; Bogue; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Ham-Burr; Jaspers; Kelly; Knudson; Koskan; Kurtenbach; LaPointe; McCracken; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Nays:
Albers; de Hueck; Greenfield; Kleven; Kloucek; Koetzle; Kooistra; Moore; Nachtigal

     Excused:
Brown; Vitter

     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.

     HB 1123:   FOR AN ACT ENTITLED, An Act to   authorize banks to be organized as limited liability companies.

     Was read the second time.

     The question being "Shall HB 1123 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Excused:
Brown; Vitter


     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. Bogue moved that HB 1158, 1228, 1053, 1073, 1091, 1145, 1227, 1231, 1282, and 1307 be deferred to Monday, February 23, the 30th legislative day.

     Which motion prevailed.

     There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1275, which was reconsidered, and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Patricia de Hueck, Chair

SIGNING OF BILLS


     The President publicly read the title to

     SB 37: FOR AN ACT ENTITLED, An Act to  provide for the filing and usage of certain property casualty rates and to exempt certain size risks from rate and form approval.

     SB 50: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the amount of time graduating seniors may be released prior to the end of school.

     SB 51: FOR AN ACT ENTITLED, An Act to  create the South Dakota Certification Board for Alcohol and Drug Professionals and to provide for its powers and duties.

     SB 95: FOR AN ACT ENTITLED, An Act to  permit the Law Enforcement Officers Standards Commission to refuse certain applications based on juvenile adjudications and dispositions and to provide for access to certain juvenile adjudications and dispositions by the commission.

     SB 173: FOR AN ACT ENTITLED, An Act to  to clarify the alternative certification requirements for school administrators.

     SB 194: FOR AN ACT ENTITLED, An Act to  exempt certain renter damage guarantee programs from insurance regulation.

     SB 208: FOR AN ACT ENTITLED, An Act to  repeal certain small group health insurance requirements.

     HB 1007: FOR AN ACT ENTITLED, An Act to  revise certain deadlines for special congressional elections and to declare an emergency.

     HB 1009: FOR AN ACT ENTITLED, An Act to  establish an election equipment replacement fund.

     HB 1015: FOR AN ACT ENTITLED, An Act to  permit the Board of Regents to create a multi-institution bonded revenue system.

     HB 1028: FOR AN ACT ENTITLED, An Act to  remove certain restrictions on the Bureau of Information and Telecommunications regarding state communications.

     HB 1042: FOR AN ACT ENTITLED, An Act to  authorize the Department of Revenue and Regulation to utilize private collection agencies and attorneys in the collection of delinquent taxes.

     HB 1071: FOR AN ACT ENTITLED, An Act to  make an appropriation for salaries and benefits for public utilities commissioners and to declare an emergency.

     HB 1090: FOR AN ACT ENTITLED, An Act to  provide for the payment of the difference in salary for certain state employees who are called into active federal military service and to declare an emergency.

     HB 1108: FOR AN ACT ENTITLED, An Act to  revise the definition of unlawful sexual contact.

     HB 1142: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the election of the venue for an administrative appeal.

     HB 1144: FOR AN ACT ENTITLED, An Act to  revise certain fees charged by the Division of Banking and to declare an emergency.

     HB 1152: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Building Authority, the Office of the Attorney General, and the Department of Public Safety to contract for the construction of a law enforcement training academy, a criminal forensic laboratory, and a criminal justice and emergency operations center building in Pierre, to make an appropriation therefor, and to declare an emergency.

     HB 1176: FOR AN ACT ENTITLED, An Act to  revise the definition of criminal pedophilia.

     HB 1196: FOR AN ACT ENTITLED, An Act to  require certain auction agencies and dealers to disclose damage statements or damage notations listed on the title.

     HB 1203: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding threats upon law enforcement officers and their families.

     HB 1212: FOR AN ACT ENTITLED, An Act to  extend visitation rights to great- grandparents under the same circumstances as grandparents.

     HB 1221: FOR AN ACT ENTITLED, An Act to  require certain publishers to provide electronic versions of textbooks suitable for conversion into Braille and to declare an emergency.

     HB 1234: FOR AN ACT ENTITLED, An Act to  correct certain references to certain executive branch agencies.

     HB 1273: FOR AN ACT ENTITLED, An Act to  allow emergency medical technicians to be included in peer review committees.

     HB 1300: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to aerial hunting.

     And signed the same in the presence of the Senate.

     Sen. Kleven moved that the Senate do now adjourn, which motion prevailed and at 2:43 p.m. the Senate adjourned.

Patricia Adam, Secretary