JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



TENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 23, 2001

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by Senate page Jody Veurink.

     Roll Call: All members present except Sen. Hagen who was excused.

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 ninth 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.
REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 18 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Drue J. Vitter, Chair

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 27 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill be amended as follows:

9ra

     On page 1, line 8 of the printed bill, after " lessee " insert " , with or ".

     On page 1 , line 8, overstrike " , irrespective of the method or " .

     On page 1 , line 9, overstrike " means by which the trespass occurred " .

9tt

     On page 1, line 2 of the printed bill, delete " by trespassers " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 12 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Diedrich, Chair

MESSAGES FROM THE HOUSE



MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1001, 1008, 1023, 1024, 1026, 1028, 1030, 1040, 1047, 1061, 1063, 1066, 1069, and 1070 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES


     Sen. Everist moved that the report of the Standing Committee on

     Health and Human Services on SCR 2 as found on page 159 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 106   Introduced by:  Senators Daugaard, Brosz, Diedrich (Larry), Hainje, Hutmacher, McCracken, McIntyre, Moore, Sutton (Dan), and Vitter and Representatives Brown (Richard), Abdallah, Adelstein, Davis, Glenski, Hennies (Don), Hennies (Thomas), Konold, Sebert, and Wick

       FOR AN ACT ENTITLED, An Act to   restrict the total amount of change orders to existing public construction contracts.

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

     SB 107   Introduced by:  Senators Munson, de Hueck, Everist, Volesky, and Whiting and Representatives Michels, Brown (Jarvis), and McCaulley

       FOR AN ACT ENTITLED, An Act to   revise and update certain provisions of the Uniform Commercial Code.

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

     SB 108   Introduced by:  Senator Symens and Representatives Hanson (Gary) and Sigdestad

       FOR AN ACT ENTITLED, An Act to   prohibit willful trespass on private property or on water or ice covering private property.

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

     SB 109   Introduced by:  Senators Staggers, Apa, and Koetzle and Representatives McCoy, Begalka, Hennies (Don), and Kooistra

       FOR AN ACT ENTITLED, An Act to   make the refund the payment of certain inheritance tax collections.

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

     SB 110   Introduced by:  Senators Staggers, Dennert, Kleven, Koetzle, and Madden and Representatives Begalka, Davis, Jensen, Kloucek, Kooistra, Lintz, McCoy, and Slaughter

       FOR AN ACT ENTITLED, An Act to   exempt certain funeral services and expenses from sales and use tax.

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

     SB 111   Introduced by:  Senators Staggers, Apa, Drake, Koetzle, McIntyre, and Sutton (Dan) and Representatives Kooistra, Davis, Elliott, Garnos, Hennies (Don), Lange, and McCoy

       FOR AN ACT ENTITLED, An Act to   allow for binding arbitration for school districts and employees under certain circumstances.

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

     SB 112   Introduced by:  Senators Moore, Dennert, Duxbury, Hutmacher, Koetzle, McIntyre, Reedy, Sutton (Dan), and Volesky and Representatives Olson (Mel), Bartling, Bradford, Burg,

Elliott, Flowers, Gillespie, Glenski, Hanson (Gary), Hargens, Hundstad, Kloucek, Nachtigal, Nesselhuf, Peterson (Jim), and Sigdestad

       FOR AN ACT ENTITLED, An Act to   repeal the prohibition of certain disclosures by a state agency of information concerning a private entity.

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

     SB 113   Introduced by:  Senators Hutmacher, Dennert, Duxbury, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), and Volesky and Representatives Peterson (Jim), Bartling, Bradford, Burg, Elliott, Flowers, Gillespie, Glenski, Hanson (Gary), Hargens, Hundstad, Kloucek, Nachtigal, Nesselhuf, Olson (Mel), and Sigdestad

       FOR AN ACT ENTITLED, An Act to   require the use of ethanol blend fuel in certain state vehicles.

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

     SB 114   Introduced by:  Senators Vitter, Brown (Arnold), de Hueck, and Putnam and Representatives Pederson (Gordon), Bartling, Broderick, and Slaughter

       FOR AN ACT ENTITLED, An Act to   modify the funding level for the local government transportation technology transfer special revenue fund.

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

     SB 115   Introduced by:  Senator Diedrich (Larry) and Representative Broderick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning driver licenses and commercial driver licenses.

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

     SB 116   Introduced by:  Senators Staggers, Apa, Drake, Greenfield, and Ham and Representatives Hennies (Don), Begalka, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   repeal the statutes concerning the imposition of the inheritance tax.

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

     SB 117   Introduced by:  Senators Sutton (Dan), Ham, McIntyre, and Olson (Ed) and Representatives Garnos, Gillespie, Kooistra, Olson (Mel), and Slaughter


       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to background checks for substitute teachers.

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

     SB 118   Introduced by:  Senators Diedrich (Larry), Albers, Daugaard, Duxbury, Greenfield, Hainje, Hutmacher, Koetzle, McIntyre, Moore, Olson (Ed), Putnam, Sutton (Dan), and Volesky and Representatives Derby, Begalka, Brown (Richard), Fryslie, Jaspers, Juhnke, Kloucek, Peterson (Bill), Peterson (Jim), and Slaughter

       FOR AN ACT ENTITLED, An Act to   make an appropriation to the ethanol fuel fund.

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

     SB 119   Introduced by:  Senators Brosz and Albers and Representatives Konold, Abdallah, Broderick, Fryslie, and Hanson (Gary)

       FOR AN ACT ENTITLED, An Act to   require certain vehicle loads to be covered.

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

     SB 120   Introduced by:  Senators Koetzle, Dennert, Duxbury, and McIntyre and Representatives Flowers, Bradford, Gillespie, Hargens, Hundstad, Kloucek, Nachtigal, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   establish certain wage requirements for the recipients of REDI fund loans.

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

     SB 121   Introduced by:  Senators Koetzle, Dennert, Duxbury, Hagen, Hutmacher, McIntyre, Moore, Reedy, Sutton (Dan), and Volesky and Representatives Flowers, Bradford, Gillespie, Hargens, Hundstad, Kloucek, Nachtigal, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   establish certain benefit requirements for the recipients of REDI fund loans.

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

     SB 122   Introduced by:  Senators Koetzle, Dennert, Duxbury, Hagen, Hutmacher, McIntyre, Reedy, and Volesky and Representatives Flowers, Bradford, Hargens, Hundstad, Kloucek, and Nachtigal

       FOR AN ACT ENTITLED, An Act to   provide for certain increases in the state minimum wage.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 75:   FOR AN ACT ENTITLED, An Act to   revise how candidates' names are positioned on ballots in municipal elections.

     Was read the second time.

     The question being "Shall SB 75 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); 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:
Diedtrich (Elmer); Hagen

     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 80:   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 second time.

     The question being "Shall SB 80 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); 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:
Diedtrich (Elmer); Hagen

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

     Was read the second time.

     The question being "Shall SB 83 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); 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:
Diedtrich (Elmer); Hagen

     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 84:   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 second time.

     The question being "Shall SB 84 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); 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:
Diedtrich (Elmer); Hagen

     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 29:   FOR AN ACT ENTITLED, An Act to   provide that certain offenses are violent offenses for purposes of parole eligibility.

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

29od

     Sen. Dan Sutton moved that SB 29 be further amended as follows:

     On page 2 , line 1 of the Senate State Affairs Committee engrossed bill, delete " and " .

     On page 2, line 2, after " §  22-18-1 " insert " , commission of a felony while armed as defined in § §  22-14-12 and 22-14-13.1, discharging a firearm at an occupied structure or motor vehicle as defined in § 22-14-20, discharging a firearm from a moving vehicle as defined in § 22-14-21, and criminal pedophilia as defined in §  22-22-30.1 ".

     Which motion prevailed.

     The question being "Shall SB 29 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
de Hueck; Koetzle; McIntyre

     Excused:
Hagen

     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 64:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Agriculture and the Department of Game, Fish and Parks to designate certain species as needing both control and protection.

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

     The question being "Shall SB 64 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
Bogue; Kleven

     Excused:
Apa; Hagen

     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 1:   FOR AN ACT ENTITLED, An Act to   require written informed consent before genetic testing.

     Was read the second time.

     The question being "Shall SB 1 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 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 8:   FOR AN ACT ENTITLED, An Act to   establish a public policy of protecting cropland and pasture in county drainage plans.

     Was read the second time.

     The question being "Shall SB 8 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

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

     Nays:
Albers; Brosz; Everist; Hainje; Whiting

     Excused:
Hagen

     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 46:   FOR AN ACT ENTITLED, An Act to   authorize the department to issue direct payment permits in certain instances.

     Was read the second time.

46ff

     Sen. Moore moved that SB 46 be further amended as follows:

     On page 1, line 12 of the Senate Taxation Committee engrossed bill, after " department. " insert "A retailer that makes a sale to a direct payment permit holder has no liability for sales tax on such sale if the retailer has written evidence of the sale. Such written evidence shall clearly indicate the name of the buyer, the product or service purchased, and the amount of the purchase."

     On page 1 , delete lines 14 and 15 .

     On page 2 , delete lines 1 and 2 .

     Which motion prevailed.

     The question being "Shall SB 46 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Hagen

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

     Was read the second time.

     The question being "Shall SB 76 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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


     Excused:
Hagen

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

     Was read the second time.

     The question being "Shall SB 79 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, 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; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Apa; Staggers

     Excused:
Hagen

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

     Was read the second time.

     The question being "Shall SB 82 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, 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; McCracken; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Koskan; Madden; Moore

     Excused:
Hagen

     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.

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill be amended as follows:

3ja
     On the printed bill, delete everything after the enacting clause and insert:

    " Section  1.  That chapter 58-2 be amended by adding thereto a NEW SECTION to read as follows:

     The director shall promulgate rules pursuant to chapter 1-26 relating to the privacy of personal nonpublic financial information. The rules must be designed to provide privacy to the public of the personal nonpublic financial information that is shared or obtained in connection with insurance transactions. The director shall design the rules to protect the public's personal nonpublic financial information but also consider the impact of any rules on the cost and availability of insurance in this state. In promulgating the rules required by this Act the director shall give substantial consideration to the privacy standards contained in the NAIC Privacy of Consumer Financial and Health Information Regulation as in effect as of January 1, 2001, and otherwise design the rules to achieve uniformity, to the degree reasonably possible, in the standards for personal nonpublic financial information. The rules may include the following as they relate to financial privacy:

             (1)    Definition of terms;
             (2)    Permitting the disclosure and use of personal nonpublic financial information between affiliates;
             (3)    Opt out procedures for the disclosure and use of personal nonpublic financial information with nonaffiliates;
             (4)    Notice and disclosure requirements and formats;
             (5)    Limits on disclosure of personal nonpublic financial information;
             (6)    Limits on redisclosure and reuse of personal nonpublic financial information;
             (7)    Limits on sharing account number information for marketing purposes;
             (8)    Exceptions for opt out and notice requirements; and
             (9)    Nondiscrimination requirements as they relate to persons who opt out or who do not grant an authorization.

     Nothing in this Act applies to any rules that may be promulgated pursuant to §  58-2-40. Nothing in this Act may be construed to impair or conflict with the Fair Credit Reporting Act."

3jta

     On page 1, line 1 of the printed bill, delete everything after " to " and insert "provide the director of insurance with rule-making authority regarding personal nonpublic financial information."

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 43 and returns the same with the recommendation that said bill be amended as follows:

43ja

     On page 2, line 8 of the printed bill, after " review. " insert " However, this fee may only be collected from a licensee or insurer requesting a review. "

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill be amended as follows:

74ja

     On page 2 of the printed bill, delete lines 5 to 7 , inclusive.

74jta

     On page 1, line 2 of the printed bill, delete " and to declare an emergency " .

     And that as so amended said bill do pass.

Respectfully submitted,
David R. Munson, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001:   FOR AN ACT ENTITLED, An Act to   revise certain sales and use tax provisions.

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

     HB 1008:   FOR AN ACT ENTITLED, An Act to   restrict certain school district transfers.

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

     HB 1023:   FOR AN ACT ENTITLED, An Act to   provide for abuse and neglect screening through the Department of Social Services central registry for certain Department of Corrections employees.

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

     HB 1024:   FOR AN ACT ENTITLED, An Act to   authorize the release of certain information about adult inmates and parolees to victims, the community, and governmental entities.

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

     HB 1026:   FOR AN ACT ENTITLED, An Act to   provide rule-making authority for certain fees for the certification of interpreters for the deaf.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1028:   FOR AN ACT ENTITLED, An Act to   revise the composition of the review panel of interpreters for the deaf and hard of hearing.

     Was read the first time and referred to the Committee on Health and Human Services.


     HB 1030:   FOR AN ACT ENTITLED, An Act to   revise the rehabilitation services provided at public cost to disabled and visually impaired persons based on economic need to include postsecondary tuition and fees.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1040:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the applicability of managed care statutes and managed care mediation requirements and to require certain impartial mediation provisions.

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

     HB 1047:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding leased or rented boats, to revise certain provisions regarding boat license tags, and to revise certain provisions regarding the exemptions from the excise tax on boats.

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

     HB 1061:   FOR AN ACT ENTITLED, An Act to   prohibit certain persons from applying for a hunting, fishing, or trapping license, to provide for an automatic revocation of any such license or privilege, and to provide for a penalty for a violation thereof.

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

     HB 1063:   FOR AN ACT ENTITLED, An Act to   revise the time required for removal of an ice house from public waters of the state and to revise the time that failure to remove the ice house is deemed abandonment.

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

     HB 1066:   FOR AN ACT ENTITLED, An Act to   complete the transfer of state radio services from the Office of the Attorney General to the Bureau of Information and Telecommunications.

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

     HB 1069:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to school consolidation.

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


      HB 1070:   FOR AN ACT ENTITLED, An Act to   allow vendors to sell soft drinks or other concessions on school property.

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

SECOND 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 second time.

     Sen. Hutmacher moved that HB 1009 be deferred to Thursday, January 25, the 12th legislative day.

     Which motion prevailed and the bill was so deferred.

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

     Was read the second time.

     Sen. Hutmacher moved that HB 1010 be deferred to Thursday, January 25, the 12th legislative day.

     Which motion lost.

     The question being "Shall HB 1010 pass?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Vitter; Whiting

     Nays:
Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan); Volesky

     Excused:
Hagen; Symens

     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 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 second time.

     Sen. de Hueck moved that HB 1049 be deferred to Wednesday, January 24, the 11th legislative day.

     Which motion prevailed and the bill was so deferred.

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

     Was read the second time.

     The question being "Shall HB 1054 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); Vitter; Volesky; Whiting

     Excused:
Hagen; Symens

     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. Koskan moved that the Senate do now adjourn, which motion prevailed and at 3:40 p.m. the Senate adjourned.

Patricia Adam, Secretary