JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 18, 2001

     The Senate convened at 12:45 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Craig Petrick, followed by the Pledge of Allegiance led by Senate page Jerome Koistinen.

     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 sixth 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,
Arnold M. Brown, Chair

     Which motion prevailed and the report was adopted.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Steven M. Pirner of Hughes County, Pierre, South Dakota, as Secretary of the Department of Environment and Natural Resources.

     The question being "Does the Senate advise and consent to the executive appointment of Steven M. Pirner pursuant to the executive message as found on page 10 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 Joe Nadenicek of Hughes County, Pierre, South Dakota, to the Southwestern Low-Level Radioactive Waste Disposal Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Joe Nadenicek 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.

     The Senate proceeded to the consideration of the executive appointment of Bob McDonald of Hughes County, Pierre, South Dakota, to the Southwestern Low-Level Radioactive Waste Disposal Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Bob McDonald 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 Judiciary respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Fred C. Whiting, Chair

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 5 and 6 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 Local Government respectfully reports that it has had under consideration SB 7 and returns the same with the recommendation that said bill be amended as follows:

7ta
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 12-7-1 be amended to read as follows:

     12-7-1.   Any candidate for nonjudicial public office , except as provided in section 2 of this Act, who is not nominated by a primary election may be nominated by filing with the secretary of state or county auditor as prescribed by §   12-6-4, not prior to January first at eight a.m. and not later than the third Tuesday in June at five p.m. prior to the election, a certificate of nomination which shall be executed as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by the third Tuesday in June at five p.m. prior to the election, it is timely submitted. The certificate shall specify that an independent candidate for nonjudicial public office shall designate the name of any national political party, or political party organized pursuant to chapter 12-5, with which the candidate has an affiliation. If no affiliation exists, the candidate shall be designated by the term, no party. It shall be signed by registered voters within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the district or political subdivision. An independent candidate for Governor shall certify the candidate's selection for lieutenant governor to the secretary of state prior to circulation of the candidate's nominating petition. An independent candidate for President shall file a declaration of candidacy and a certification of the candidate's selection for vice president with the secretary of state prior to circulation of the candidate's nominating petitions. The candidate and the candidate's selection for lieutenant governor or vice president shall sign the certification before it is filed. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the forms for the certificate of nomination and the certification for lieutenant governor and vice president .

     Section 2. That chapter 12-7 be amended by adding thereto a NEW SECTION to read as follows:

     Any candidate for President or Vice President of the United States who is not nominated by a primary election may be nominated by filing with the secretary of state or county auditor as prescribed by §   12-6-4, not prior to January twentieth at eight a.m. and not later than the first Tuesday in August at five p.m. prior to the election, a certificate of nomination which shall be executed as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by the first Tuesday in August at five p.m. prior to the election, it is timely submitted. The certificate shall specify that an independent candidate for President or Vice President shall designate the name of any national political party, or political party organized pursuant to chapter 12-5, with which the candidate has an affiliation. If no affiliation exists, the candidate shall be designated by the term, no party. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the state. An independent candidate for President shall file a declaration of candidacy and a certification of the candidate's selection for Vice President with the secretary of state prior to circulation of the candidate's nominating petitions. The candidate and the candidate's selection for Vice President shall sign the certification before it is filed. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the forms for the certificate of nomination and the certification for Vice President."

     And that as so amended said bill do pass.

Respectfully submitted,
Arlene H. Ham, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1009, 1010, 1031, 1033, 1034, 1035, 1037, 1044, 1048, 1049, 1054, and 1067 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR 3:   A CONCURRENT RESOLUTION,   Supporting the conversion of the underground mine and portions of the surface mining facilities at Homestake Mine in Lead, South Dakota, to a National Underground Science Laboratory operated by the South Dakota School of Mines and Technology for the National Science Foundation.

    Was read the second time.

     Sen. Apa moved that SCR 3 as found on page 51 of the Senate Journal be adopted.

     The question being on Sen. Apa's motion that SCR 3 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 and SCR 3 was adopted.

MOTIONS AND RESOLUTIONS


     Sen. Everist moved that the Senate do now recess for the purpose of attending the ceremony marking the transfer of the Missouri River recreation areas that the state is leasing from the U. S. Army Corps of Engineers. Which motion prevailed and at 1:10 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 1:55 p.m., the President presiding.

HONORED GUESTS


     The President introduced South Dakota March of Dimes Ambassadors Robyn and Juliana Everist of Dell Rapids. They were accompanied by their parents, Jo and Rob Everist, their sister Ellie, and brother Sam. Sen. Daugaard escorted the family to the rostrum.

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on Friday, January 19, the 8th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 28 as found on page 70 of the Senate Journal ; also

     Health and Human Services on SB 32 as found on page 72 of the Senate Journal ; also

     Agriculture and Natural Resources on SB 64 as found on page 71 of the Senate Journal ; also

     Health and Human Services on SB 4 as found on page 72 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 77   Introduced by:  Senators Duxbury and Ham and Representatives Jaspers and Nachtigal

       FOR AN ACT ENTITLED, An Act to   provide for the issuance of certain temporary veterinary medicine permits.

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

     SB 78   Introduced by:  Senators Kleven, Albers, Brosz, Ham, McCracken, Olson (Ed), Reedy, and Vitter and Representatives Rhoden, Frost, Hennies (Don), Hennies (Thomas), Jensen, McCoy, Pummel, Teupel, and Van Etten

       FOR AN ACT ENTITLED, An Act to   provide for increased penalties for exceeding the speed limit in school zones.

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

     SB 79   Introduced by:  Senators Everist and Whiting and Representatives Michels and Brown (Jarvis)

       FOR AN ACT ENTITLED, An Act to   reapportion the Supreme Court selection districts.

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

     SB 80   Introduced by:  Senators Bogue, Brown (Arnold), de Hueck, Moore, Reedy, and Sutton (Dan) and Representatives Madsen, Flowers, Michels, and Monroe

       FOR AN ACT ENTITLED, An Act to   clarify the definition of the term, member, with regard to certain definition of corporation provisions.

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

     SB 81   Introduced by:  Senators Whiting, Everist, and Munson and Representatives Brown (Jarvis) and Broderick

       FOR AN ACT ENTITLED, An Act to   provide for and regulate business trusts.

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

     SB 82   Introduced by:  Senators McCracken and Reedy and Representatives Duniphan, Bartling, Broderick, and Hennies (Thomas)

       FOR AN ACT ENTITLED, An Act to   permit local government officials and employees to use credit cards.

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

     SB 83   Introduced by:  Senator Bogue

       FOR AN ACT ENTITLED, An Act to   codify the legislation passed in 2000.

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

     SB 84   Introduced by:  Senators Olson (Ed) and Symens and Representatives Sebert and Olson (Mel)

       FOR AN ACT ENTITLED, An Act to   make the terms of office within the aldermanic form of government consistent with other provisions.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 63:   FOR AN ACT ENTITLED, An Act to   revise the definition of illegal substances for purposes of revoking or refusing to issue a certificate to a teacher or administrator.

     Was read the second time.

     The question being "Shall SB 63 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Whiting

     So the question 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 23:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the filing of marriage records and rule-making authority regarding vital records.

     Was read the second time.

     The question being "Shall SB 23 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; 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 31:   FOR AN ACT ENTITLED, An Act to   revise certain requirements of the Division of Rehabilitation Services in contested cases.

     Was read the second time.

     The question being "Shall SB 31 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; 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 15:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the appraisal of grazing and agricultural lands by the commissioner of school and public lands.

     Was read the second time.

     Sen. Bogue moved that SB 15 be deferred to Monday, January 22 , the 9th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 16:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the lease of common school, indemnity, and endowment lands.

     Was read the second time.

     Sen. Bogue moved that SB 16 be deferred to Monday, January 22, the 9th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 34:   FOR AN ACT ENTITLED, An Act to   allow weights and measures inspections to be performed biennially.

     Was read the second time.

     The question being "Shall SB 34 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Apa; Hagen

     So the question 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 61:   FOR AN ACT ENTITLED, An Act to   authorize the state historical society board of trustees to set fees for copies of the surveyor general's records and to provide for the disposition of such fees.

     Was read the second time.

    Sen. Koskan moved that SB 61 be amended as follows:

    On page 1, line 7 of the printed bill, after "fees" insert "for copies of the surveyor general's records".

     Sen. Moore moved, as a substitute motion, that SB 61 and Sen. Koskan's pending motion to amend be deferred to Monday, January 22, the 9th legislative day.

     Which motion prevailed.

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

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

     The question being "Shall SB 62 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 29:   FOR AN ACT ENTITLED, An Act to   provide that certain offenses are violent offenses for purposes of parole eligibility.

     Was read the second time.

29oc

     Sen. Everist moved that SB 29 be amended as follows:

     On page 1, line 13 of the Senate State Affairs Committee engrossed bill, delete " vehicular homicide, " .

     On page 1 , line 14, delete " vehicular battery, " .

     Which motion prevailed.

      Sen. Koetzle requested a fiscal note on SB 29.

    Which request was supported.

     SB 35:   FOR AN ACT ENTITLED, An Act to   require insurance producers to sell only investments authorized pursuant to certain provisions.

     Was read the second time.

     The question being "Shall SB 35 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 1, 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; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Staggers

     So the question 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 36:   FOR AN ACT ENTITLED, An Act to   revise nonrenewal and preexisting condition provisions and to correct outdated references for health insurance plans.

     Was read the second time.

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

     And the roll being called:

     Yeas 34, Nays 1, 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; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Staggers

     So the question 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 37   :   FOR AN ACT ENTITLED, An Act to   revise certain requirements for continuation and conversion of employer health plans.

    Was read the second time

     The question being "Shall SB 37 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Hainje; Ham; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Apa; de Hueck; Dennert; Duxbury; Greenfield; Hagen; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Reedy; Staggers; Symens

     So the question 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


     SB 4:   FOR AN ACT ENTITLED, An Act to   regulate the disclosure of and access to a patient's health care information.

     Was read the second time.

    Having been reported from the Committee on Health and Human Services with a "do not pass" recommendation SB 4 was up for final consideration.

    The question being "Shall the Committee on Health and Human Services' recommendation be sustained?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; McCracken; McIntyre; Moore; Munson; Olson (Ed); Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Madden; Putnam; Reedy

     So the recommendation of the committee that SB 4 "do not pass" being sustained, the President declared the bill lost.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

     Sen. Hainje moved that SB 26, 33, and 56 be deferred to Friday, January 18, the 8th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1009:   FOR AN ACT ENTITLED, An Act to   revise the procedure for updating the voter registration list.

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

     HB 1010:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning appointments to office vacancies.

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

     HB 1031:   FOR AN ACT ENTITLED, An Act to   require workers' compensation third party administrators to become licensed and registered and to provide for standards for the continued registration of third party administrators.

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

     HB 1033:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the real estate licensing examination.

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

     HB 1034:   FOR AN ACT ENTITLED, An Act to   repeal an exemption from a requirement for real estate licensee errors and omissions insurance.

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

     HB 1035:   FOR AN ACT ENTITLED, An Act to   change the filing requirements for annual and quarterly statements of the financial condition of foreign and alien insurers.

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

     HB 1037:   FOR AN ACT ENTITLED, An Act to   revise the rule-making authority for credit insurance.

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

     HB 1044:   FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.

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

     HB 1048:   FOR AN ACT ENTITLED, An Act to   authorize the secretary of revenue to revoke the license of a tobacco distributor or wholesaler for failure to provide certain information.

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

     HB 1049:   FOR AN ACT ENTITLED, An Act to   authorize circuit courts to adjudicate paternity and establish custody in notice of support debt proceedings.

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

     HB 1054:   FOR AN ACT ENTITLED, An Act to   revise provisions regarding the crime victims' compensation program.

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

     HB 1067:   FOR AN ACT ENTITLED, An Act to   prohibit school boards from employing any person whose certificate has been revoked or suspended.

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

     Sen. Daugaard moved that the Senate do now adjourn to meet in Joint Session for a Joint Memorial Service, which motion prevailed and at 2:50 p.m. the Senate adjourned.

Patricia Adam, Secretary

JOINT MEMORIAL SERVICE

    Pursuant to the report of the Joint-Select Committee as found on page 50 of the Senate Journal, the House of Representatives and the Senate met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of eleven former members of the South Dakota Legislature, namely: the Honorable H.G. "Jack" Adams, the Honorable Clarence Dybvig, the Honorable Robert L. Eichman, the Honorable Wayne A. Hauschild, the Honorable Gustave "Gust" Kundert, the Honorable Kevin Loge, the Honorable William R. McCann, the Honorable Thomas P. Ranney, the Honorable Albert Schramm, the Honorable Neal A. Strand, and the Honorable Richard "Lee" Van Sickle; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Seventy-sixth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefitted greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Seventy-sixth Session of the Legislature of the State of South Dakota, now assembled this 18th day of January, 2001, at Pierre, South Dakota.