JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION




ELEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 24, 2001

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

     The prayer was offered by the Chaplain, Pastor Phil Lint, followed by the Pledge of Allegiance led by Senate page Tina DeJong.

     Roll Call: All members present except Sens. Hagen and McIntyre who were 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 tenth 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.
HONORED GUESTS


     The President introduced Marilyn Herz, Rapid City, South Dakota's Teacher of the Year 2001. She was escorted to the podium by Sen. Ham.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  59 and 73 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1044 and 1048 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 96 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Dick Hainje, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SCR 1 in which the House has concurred.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1013, 1022, 1027, 1029, 1051, 1059 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     SCR 2:   A CONCURRENT RESOLUTION,   Urging the federal government to authorize and fund long-term health care on Indian reservations.

    Was read the second time.

     Sen. Albers moved that SCR 2 be deferred to Friday, February 2, the 18th legislative day.

     Which motion prevailed.

     SCR 4   Introduced by:  Senators Everist, McCracken, Munson, Olson (Ed), Vitter, and Volesky and Representatives Van Norman, Duniphan, Hansen (Tom), Hennies (Thomas), Holbeck, Lintz, Madsen, McCoy, Murschel, Solum, Valandra, and Wick

         A CONCURRENT RESOLUTION,  Approving and supporting the joint powers agreement entered into by the Cheyenne River Sioux Tribe and the South Dakota Secretary of State.

     WHEREAS,  on November 16, 2000, the Cheyenne River Sioux Tribe and the South Dakota Secretary of State entered into a joint powers agreement pursuant to chapter 1-24 under which the Secretary of State will serve as the central filing office for the Tribe for Uniform Commercial Code filings made under tribal law and the Tribe will adopt South Dakota's version of Article 9 of the Uniform Commercial Code; and

     WHEREAS,  the agreement will enable the Cheyenne River Sioux Tribe to promote economic and business development initiatives by providing a central filing system for lenders attempting to perfect a security interest in collateral and by making electronic filing available to all lenders; and

     WHEREAS,  the Secretary of State will assist the Tribe in its efforts by serving as the central filing office for Uniform Commercial Code filings, which will create a system essentially identical to the South Dakota central filing system; and

     WHEREAS,  this initiative by the Cheyenne River Sioux Tribe and the Secretary of State addresses several practical obstacles to economic development efforts by the Tribe and is a promising example of creative cooperation between state and tribal entities:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the

Cheyenne River Sioux Tribe and the South Dakota Secretary of State be congratulated and supported for their joint efforts toward state-tribal cooperation and for the promotion of economic development goals for all of the people of South Dakota.

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

     HCR 1001:   A CONCURRENT RESOLUTION,   Endorsing and promoting a statewide mentoring association.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on SB 3 as found on page 180 of the Senate Journal ; also

     Agriculture and Natural Resources on SB 9 as found on page 168 of the Senate Journal ; also

     Commerce on SB 43 as found on page 181 of the Senate Journal ; also

     Commerce on SB 74 as found on page 181 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 123   Introduced by:  Senators Bogue, Daugaard, de Hueck, Koetzle, Moore, and Whiting and Representatives McCaulley, Gillespie, Madsen, and Michels

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Partnership Act and to repeal conflicting provisions.

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

     SB 124   Introduced by:  Senators Everist, Apa, Brown (Arnold), Dennert, Diedrich (Larry), Diedtrich (Elmer), Hutmacher, Koetzle, McCracken, McIntyre, Moore, Munson, Olson (Ed), Sutton (Dan), and Symens and Representatives Richter, Broderick, Brown (Richard), Davis, Duniphan, Elliott, Flowers, Hennies (Thomas), Holbeck, Jaspers, Juhnke, Kooistra, Madsen, Michels, Murschel, Olson (Mel), Smidt, and Teupel


       FOR AN ACT ENTITLED, An Act to   allow for the deposit of certain funds and for the repayment of certain contracts relating to energy savings.

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

     SB 125   Introduced by:  Senators Vitter, Albers, Apa, Koetzle, Moore, Olson (Ed), and Putnam and Representatives Broderick, Abdallah, Flowers, Holbeck, and Solum

       FOR AN ACT ENTITLED, An Act to   clarify workers' compensation coverage for uncompensated volunteers and prisoners.

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

     SB 126   Introduced by:  Senators Kleven, Apa, Dennert, Staggers, and Whiting and Representatives Van Etten, Brown (Richard), McCoy, Napoli, and Pummel

       FOR AN ACT ENTITLED, An Act to   clarify the survey requirements for sanitary districts.

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

     SB 127   Introduced by:  Senators Munson, de Hueck, Koetzle, McIntyre, Moore, and Sutton (Dan) and Representatives Olson (Mel), Bradford, Burg, Elliott, Gillespie, Kloucek, Kooistra, Madsen, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   limit the Department of Labor's authority to recommend settlements in labor disputes.

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

     SB 128   Introduced by:  Senators Dennert, Bogue, and de Hueck and Representatives Smidt, Kloucek, and Michels

       FOR AN ACT ENTITLED, An Act to   require an agency to serve minutes of the rules hearing before the agency appears before the Interim Rules Committee.

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

     SB 129   Introduced by:  Senators McIntyre, Dennert, Hutmacher, Koetzle, Moore, Reedy, Sutton (Dan), Symens, and Volesky and Representatives Kooistra, Bartling, Bradford, Burg, Davis, Elliott, Garnos, Gillespie, Hanson (Gary), Hargens, Kloucek, Lange, Nachtigal, Nesselhuf, Olson (Mel), and Sigdestad


       FOR AN ACT ENTITLED, An Act to   require school boards to notify the parent or guardian of each student being taught by an uncertified teacher or by a certified teacher who is not certified to teach that particular course or grade.

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

     SB 130   Introduced by:  Senators McIntyre, Dennert, Duxbury, Hutmacher, Koetzle, Moore, Reedy, Staggers, Sutton (Dan), and Symens and Representatives Nachtigal, Bartling, Bradford, Burg, Flowers, Gillespie, Glenski, Hanson (Gary), Hargens, Kloucek, Lange, Nesselhuf, Olson (Mel), Peterson (Jim), and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for a bill of rights for children in the care of the state.

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

     SB 131   Introduced by:  Senators Koskan, Diedrich (Larry), Madden, Olson (Ed), and Volesky and Representatives Napoli, Jensen, Juhnke, and Rhoden

       FOR AN ACT ENTITLED, An Act to   make an appropriation to provide for an electronic voting machine in the Senate chamber.

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

     SB 132   Introduced by:  Senators Koskan, Diedrich (Larry), Madden, Olson (Ed), and Volesky and Representatives Napoli, Jensen, Juhnke, and Rhoden

       FOR AN ACT ENTITLED, An Act to   make an appropriation to provide for an electronic message display board in the senate chamber.

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

     SB 133   Introduced by:  Senators Putnam, Apa, Bogue, de Hueck, and Madden and Representatives Duenwald, Bartling, Fryslie, Pederson (Gordon), and Teupel

       FOR AN ACT ENTITLED, An Act to   establish certain civil penalties for overweight vehicle violations and to provide for the disposition of the civil penalties.

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

     SB 134   Introduced by:  Senators Ham, de Hueck, Dennert, Diedtrich (Elmer), Hutmacher, Koetzle, McCracken, McIntyre, Moore, Munson, Olson (Ed), Reedy, Sutton (Dan), and Symens and Representatives Hennies (Thomas), Broderick, Brown (Jarvis), Brown (Richard), Davis,

Elliott, Flowers, Gillespie, Hennies (Don), Holbeck, Konold, Madsen, McCoy, Nesselhuf, Olson (Mel), Pederson (Gordon), Rhoden, and Slaughter

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.

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

     SB 135   Introduced by:  Senators Ham, Albers, McCracken, and Symens and Representatives Jaspers, Elliott, Flowers, Nachtigal, Pederson (Gordon), and Valandra

       FOR AN ACT ENTITLED, An Act to   revise the grounds for the refusal, suspension, or revocation of certain veterinary medicine licenses and certificates.

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

     SB 136   Introduced by:  Senators Diedtrich (Elmer), Koetzle, and McIntyre and Representatives Frost and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   allow certain annual leave and sick leave accrued by state employees to be counted as credited service for the purpose or determining retirement benefits under certain circumstances.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 137   Introduced by:  Senators Diedtrich (Elmer) and Dennert and Representatives Sutton (Duane) and Frost

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the delivery of the certificate of title upon the sale of a secondhand vehicle.

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

     SB 138   Introduced by:  Senator Diedtrich (Elmer) and Representatives Frost and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   provide for a capital outlay fund for rural fire protection districts.

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


     SB 139   Introduced by:  Senators Diedtrich (Elmer), Diedrich (Larry), Koskan, and Sutton (Dan) and Representatives Lange, Flowers, Hargens, and Konold

       FOR AN ACT ENTITLED, An Act to   clarify provisions relating to the eligibility of certain cooperative members to qualify as a director.

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

     SB 140   Introduced by:  Senators Sutton (Dan), Diedrich (Larry), and Koskan and Representatives Lange, Flowers, Hargens, Kloucek, and Konold

       FOR AN ACT ENTITLED, An Act to   clarify certain provisions relating to the payment of taxes to municipalities from the revenues of electric cooperatives providing service within a municipality.

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

     SB 141   Introduced by:  Senators Daugaard, Albers, Bogue, Moore, Olson (Ed), and Vitter and Representatives Michels, Brown (Jarvis), Duniphan, Heineman, Juhnke, Konold, Olson (Mel), Pitts, Smidt, and Solum

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning physician licensure.

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

     SB 142   Introduced by:  Senators McIntyre, Dennert, Duxbury, Hutmacher, Koetzle, Moore, Reedy, Staggers, and Sutton (Dan) and Representatives Nachtigal, Bartling, Bradford, Burg, Elliott, Flowers, Gillespie, Glenski, Hanson (Gary), Hargens, Kloucek, Lange, Nesselhuf, Olson (Mel), Peterson (Jim), Sigdestad, and Van Norman

       FOR AN ACT ENTITLED, An Act to   establish an ombudsman to represent youth offenders.

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

     SB 143   Introduced by:  Senator Munson and Representative Broderick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the residency of the directors of certain domestic insurers.

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


     SB 144   Introduced by:  Senators Vitter and Putnam and Representatives Broderick, Bartling, Pederson (Gordon), Slaughter, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   prohibit placing any object or conducting any activity on or within the public highway right-of-way without written permission and to provide penalties therefor.

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

     SB 145   Introduced by:  Senators Brosz, Ham, McCracken, and Olson (Ed) and Representatives Holbeck, Garnos, Solum, and Wick

       FOR AN ACT ENTITLED, An Act to   revise residency for the purposes of special education and to revise the distribution of state aid to special education.

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

     SB 146   Introduced by:  Senators Brosz, Daugaard, Ham, McCracken, Munson, and Olson (Ed) and Representatives Garnos, Konold, McCoy, and Solum

       FOR AN ACT ENTITLED, An Act to   require that certain findings and recommendations of the state fire marshal be included in a school board's minutes, to provide for certain penalties, and to require certain inspections.

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

     SB 147   Introduced by:  Senators Brown (Arnold), Diedtrich (Elmer), Madden, Moore, Olson (Ed), and Reedy and Representatives Broderick, Bartling, Brown (Richard), Davis, Frost, Gillespie, Michels, Monroe, Murschel, and Slaughter

       FOR AN ACT ENTITLED, An Act to   authorize the assignment of health insurance proceeds to a dentist.

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

     SB 148   Introduced by:  Senators Moore, Putnam, and Reedy and Representatives Kloucek, Holbeck, Hunhoff, Juhnke, and Michels

       FOR AN ACT ENTITLED, An Act to   revise compensation for water user district and sanitary district board members.

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


     SB 149   Introduced by:  Senators Kleven, Albers, Bogue, Drake, and Vitter and Representatives Napoli, Brown (Jarvis), Derby, Hennies (Thomas), Klaudt, McCoy, Pederson (Gordon), Pummel, and Van Etten

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the housing of prisoners from other jurisdictions.

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

     SB 150   Introduced by:  Senators Kleven, Dennert, Drake, Greenfield, Ham, and Putnam and Representatives Napoli, Clark, Flowers, Hennies (Thomas), Pederson (Gordon), and Pummel

       FOR AN ACT ENTITLED, An Act to   revise certain conditions regarding the authorization of bingo or lotteries for restricted purposes and to increase the size of prize certain lotteries may award.

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

     SB 151   Introduced by:  Senators de Hueck and Brown (Arnold) and Representatives Duniphan and Smidt

       FOR AN ACT ENTITLED, An Act to   allow for the publishing of certain minutes on the internet.

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

     SB 152   Introduced by:  Senators Bogue, Diedrich (Larry), Diedtrich (Elmer), Duxbury, Hainje, Ham, Hutmacher, Kleven, and Symens and Representatives Duenwald, Hansen (Tom), Hanson (Gary), Hargens, Jensen, Klaudt, Lintz, Pitts, and Rhoden

       FOR AN ACT ENTITLED, An Act to   revise certain vaccination and brucellosis testing provisions related to the importation of livestock.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 18:   FOR AN ACT ENTITLED, An Act to   revise the state trunk highway system.

     Was read the second time.

     The question being "Shall SB 18 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; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; McIntyre

     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 27:   FOR AN ACT ENTITLED, An Act to   revise the accounting process for the state fair.

     Was read the second time.

     The question being "Shall SB 27 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; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; McIntyre

     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 38:   FOR AN ACT ENTITLED, An Act to   revise health plan coverage requirements for newborns and newly adopted children.

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



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     Sen. Munson moved that SB 38 be further amended as follows:

     On page 1, line 11 of the Senate Commerce Committee engrossed bill, after " coverage " insert " and if the coverage is issued pursuant to §  58-17-85 ".

     Which motion prevailed.

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

     And the roll being called:

     Yeas 32, Nays 1, 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; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Staggers

     Excused:
Hagen; McIntyre

     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 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.

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

     The question being "Shall SB 15 pass?"

     And the roll being called:

     Yeas 23, Nays 10, Excused 2, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Drake; Duxbury; Everist; Hainje; Hutmacher; Koetzle; McCracken; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting


     Nays:
Apa; Bogue; Diedrich (Larry); Greenfield; Ham; Kleven; Koskan; Madden; Putnam; Vitter

     Excused:
Hagen; McIntyre

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

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

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     Sen. Brosz moved that SB 16 be amended as follows:

     On page 1 of the printed bill, remove the overstrikes from lines 7 and 8 .

     On page 1 , line 8, after " section " insert " , unless the tracts are contiguous ".

     Which motion prevailed.

     The question being "Shall SB 16 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 14, Excused 2, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Hutmacher; Koetzle; McCracken; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Apa; Bogue; Diedrich (Larry); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; Putnam; Staggers; Vitter

     Excused:
Hagen; McIntyre

     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 55:   FOR AN ACT ENTITLED, An Act to   change the name of Union County State Park.

     Was read the second time.

     The question being "Shall SB 55 pass?"

     And the roll being called:

     Yeas 32, Nays 1, 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; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Staggers

     Excused:
Hagen; McIntyre

     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 Judiciary respectfully reports that it has had under consideration HB  1056 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1071 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 Judiciary respectfully reports that it has had under consideration SB 85 and returns the same with the recommendation that said bill be amended as follows:

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     On page 2, line 7 of the printed bill, after " (8) " insert " , 18 U.S.C. 922 (g)(9), ".

     On page 2 , line 9, after " (8) " insert ", 18 U.S.C. 922(g)(9),".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1050 and returns the same with the recommendation that said bill be amended as follows:

1050rb

     On page 2, line 5 of the House Judiciary Committee engrossed bill, overstrike " , " .

     On page 2 , line 6, after " person, " insert " acting under court order, or at the request of both the mother and any alleged father of the child, ".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB  104 and 78 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Fred C. Whiting, Chair

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 92 and returns the same with the recommendation that said bill do pass.


Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 87 and returns the same with the recommendation that said bill be amended as follows:

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     On page 3, line 5 of the printed bill, delete everything after " Act. "

     On page 3 , delete line 6 .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 88 and returns the same with the recommendation that said bill be amended as follows:

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     On page 2, line 3 of the printed bill, delete " , or to any " and insert "."

     On page 2 , delete lines 4 to 6 , inclusive.

     And that as so amended said bill do pass.

Respectfully submitted,
Kenneth D. Albers, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1013:   FOR AN ACT ENTITLED, An Act to   authorize commercial motor vehicle drivers to temporarily rest at interstate rest areas for a longer period of time.

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

     HB 1022:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Corrections to construct prison industries buildings at the South Dakota State Penitentiary, the Jameson Prison Annex, and the Mike Durfee State Prison, and to make an appropriation therefor.

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



     HB 1027:   FOR AN ACT ENTITLED, An Act to   repeal the composition requirements of the Board of Vocational Rehabilitation.

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

     HB 1029:   FOR AN ACT ENTITLED, An Act to   abolish the Board of Service to the Blind and Visually Impaired.

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

     HB 1051:   FOR AN ACT ENTITLED, An Act to   increase the punishment for felony child abuse of a child under seven years of age and to designate the offense as a crime of violence.

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

     HB 1059:   FOR AN ACT ENTITLED, An Act to   continue a surcharge on certain hunting licenses and to continuously appropriate the money for certain purposes.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


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

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

     The question being "Shall HB 1049 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; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; McIntyre


     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. Olson moved that the Senate do now adjourn, which motion prevailed and at 3:04 p.m. the Senate adjourned.

Patricia Adam, Secretary