JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



TWELFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 25, 2001

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

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by Senate page Tia Hilt.

     Roll Call: All members present except Sens. Hagen, Hainje, 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 eleventh day and finds that the following correction shall be made:

    On page 203, delete lines 4 and 5 and insert:

     HB 1029   :   FOR AN ACT ENTITLED, An Act to   allow for a change in the composition of the Board of Service to the Blind and Visually Impaired and to repeal certain functions of the board.

     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 Elizabeth Hart and Spencer Crawford, South Dakota's Girls' and Boys' State Governors 2000. Escorting them to the rostrum were Sens. Ham, Madden, McCracken, and Whiting.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1067 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 91 and returns the same with the recommendation that said bill be amended as follows:

91ca

     On page 2, after line 7 of the printed bill, insert " In addition, any person employed by a postsecondary technical institute is not required to submit to a criminal background investigation as required in this section, unless the person is a teacher who teaches an elementary or secondary level course in an elementary or secondary school facility, or unless the person is an employee, other than a teacher, whose work assignment includes working in an elementary or secondary school facility. "

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 93 and returns the same with the recommendation that said bill be amended as follows:

93ca

     On page 2, line 9 of the printed bill, after " excess " insert "realized".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  67 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Don Brosz, Chair

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 99 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1055 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 77 and returns the same with the recommendation that said bill be amended as follows:

77ta

     On page 1, line 4 of the printed bill, delete " 36-18 " and insert "36-12".

     On page 1 , line 6, delete " board " and insert "Board of Veterinary Medical Examiners".

     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 94 and returns the same with the recommendation that said bill be amended as follows:

94tb

     On page 1, line 5 of the printed bill, delete " two " and insert "three".

     And that as so amended said bill do pass.

Respectfully submitted,
Larry Diedrich, Chair

Also MADAM PRESIDENT:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill be amended as follows:

50mb

     On page 3 , line 3 of the printed bill, delete everything after " principles " and insert " . "

     On page 3 , delete line 4 .

     On page 5, remove the overstrikes from lines 9 to 14 , inclusive.

     On page 5 , line 19, delete " issued by the Governmental Accounting Standards Boards " .

50md

     On the previously adopted amendment (50mb) delete "On page 5, remove the overstrikes from lines 9 to 14, inclusive."

     On page 5 of the printed bill, after line 19, insert:

    "Section 4. That chapter 13-52 be amended by adding thereto a NEW SECTION to read as follows:

     All endowments, gifts, and bequests made directly to any state institution of higher education, and the income therefrom, shall belong to and be used only by that institution. Direct endowments, gifts, and bequests, including those received indirectly by foundations affiliated with an institution, may not be used to reduce its state appropriation. Nothing contained in this section may require the continuation of programs or program levels achieved as the result of those endowments, gifts, and bequests, nor may it apply to state appropriated funds."

     And that as so amended said bill do pass.

Respectfully submitted,
Marguerite M. Kleven, Chair
Also M ADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  44, 81, 103, and 106 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 39 and returns the same with the recommendation that said bill be amended as follows:

39ja

     On page 2, line 17 of the printed bill, after " sixty-two " insert "or in the case of an employer group plan that has twenty or more employees, that periodic payments are actuarially equivalent regardless of age".

     On page 3 , line 3, after " month " insert ", except if the plan is an employer plan with fifteen or more employees, then the maximum benefit period for pregnancy, childbirth, or miscarriage may not be less than the maximum benefit period for other covered disabilities".

     On page 3 , line 10, after " . " insert "The provisions of this section do not apply to an employer plan if at least fifty percent of the covered employee's disability benefits are subject to federal income taxes."

39jb

     On page 2, line 21 of the printed bill, delete " or " .

     On page 2 , between lines 23 and 24, insert:

        "(d)    Three hundred sixty-five days for disability income policies with a benefit period of at least two years but less than five years; or

             (e)    Seven hundred thirty days for disability income policies with a benefit period greater than five years resulting from sickness or injury;".

     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 40 and returns the same with the recommendation that said bill be amended as follows:

40ja

     On page 1, line 6 of the Senate Commerce Committee engrossed bill, delete " broker " and insert "broker-dealer".

     On page 1 , line 14, delete " broker " and insert "broker-dealer".

     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 58 and returns the same with the recommendation that said bill be amended as follows:

58ja

     On page 3 of the printed bill, delete lines 20 to 22 , inclusive, and insert "farmer, or crops growing or to be grown, the secured party may file a standard form to be prescribed by the secretary of state, which may be a combined effective financing statement and a uniform commercial code financing statement."

     And that as so amended said bill do pass.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 54 and 65 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.


Also MADAM PRESIDENT:

    I have the honor to return herewith SB 54 and 65 which have passed the House without change.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1021, 1045, 1073, 1075, 1076, 1078, 1079, 1080, and 1095 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR 5   Introduced by:  Senators Volesky, Koetzle, Moore, and Staggers and Representatives Lange, Hanson (Gary), Kloucek, Nachtigal, Sigdestad, and Van Norman

         A CONCURRENT RESOLUTION,  Requesting the Executive Board of the Legislative Research Council to appoint an interim committee to study the feasibility of using the internet to conduct elections in the state.

     WHEREAS,  the implementation of internet voting has the potential to facilitate the voting process at all levels of government in this state; and

     WHEREAS,  the implementation of internet voting has the potential to allow increased access to the voting process for many potential voters who do not regularly participate in our elections; and

     WHEREAS,  technological threats to the security, integrity, and secrecy of internet ballots must be addressed; and

     WHEREAS,  it is in the best interests of the state to investigate the potential use of internet voting:

     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 Executive Board of the Legislative Research Council be hereby requested to appoint an interim committee to study the feasibility of using the internet to conduct elections in the state and for that committee to make a report to the 2002 Legislature.

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

     HCR 1002:   A CONCURRENT RESOLUTION,   Petitioning South Dakota's United States Senators to vote in favor of the confirmation of Attorney General nominee John Ashcroft.

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

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 26, the 13th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on SB 85 as found on page 201 of the Senate Journal ; also

     Health and Human Services on SB 87 as found on page 202 of the Senate Journal ; also

     Health and Human Services on SB 88 as found on page 202 of the Senate Journal ; also

     Judiciary on HB 1050 as found on page 201 of the Senate Journal be adopted.

    Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 153   Introduced by:  Senators Olson (Ed), de Hueck, Dennert, Duxbury, Ham, Hutmacher, Koetzle, McIntyre, Moore, Munson, Reedy, Sutton (Dan), Symens, and Vitter and Representatives Brown (Richard), Davis, Elliott, Flowers, Gillespie, Hennies (Don), Hennies (Thomas), Holbeck, Kooistra, Lintz, Madsen, McCoy, Murschel, Nesselhuf, Olson (Mel), and Pederson (Gordon)

       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 154   Introduced by:  Senators Bogue, Daugaard, de Hueck, Koetzle, Moore, and Whiting and Representatives Madsen, Brown (Jarvis), Gillespie, McCaulley, and Michels

       FOR AN ACT ENTITLED, An Act to   define the practice of law and to increase the penalty for practicing without a license.

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

     SB 155   Introduced by:  Senators Bogue, Daugaard, de Hueck, Koetzle, Moore, and Whiting and Representatives Brown (Jarvis), Gillespie, Madsen, McCaulley, and Michels

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the termination of life estates and joint tenancies.

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

     SB 156   Introduced by:  Senators Munson, Brown (Arnold), Everist, Koetzle, Madden, McCracken, Moore, Olson (Ed), Reedy, Sutton (Dan), and Volesky and Representatives Jaspers, Bartling, Brown (Richard), Davis, McCoy, Monroe, Murschel, and Slaughter

       FOR AN ACT ENTITLED, An Act to   require the provision of insurance coverage for the entire human musculoskeletal system of the jaw, face, and head under certain circumstances.

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

     SB 157   Introduced by:  The Committee on Government Operations and Audit

       FOR AN ACT ENTITLED, An Act to   require the Department of Corrections to seek accreditation by the American Correctional Association, to make an appropriation therefor, and to declare an emergency.

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

     SB 158   Introduced by:  Senators Ham, de Hueck, Koetzle, and Symens and Representatives Bartling, Bradford, Flowers, Glenski, Hennies (Thomas), Juhnke, Monroe, Murschel, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   revise the distribution of funds from the alcoholic beverage fund.

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

     SB 159   Introduced by:  Senators Ham, Brown (Arnold), de Hueck, Diedtrich (Elmer), Kleven, Madden, McIntyre, Vitter, and Whiting and Representatives Kooistra, Adelstein, Bradford, Fryslie, Hennies (Thomas), and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   impose an additional tax on certain alcoholic beverages and to distribute the revenue to counties.

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

     SB 160   Introduced by:  Senators Brown (Arnold), Everist, and Olson (Ed) and Representatives McCoy and Peterson (Bill)

       FOR AN ACT ENTITLED, An Act to   prohibit the offering of postsecondary education credit or degree by nonaccredited institutions.

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

     SB 161   Introduced by:  Senators Diedrich (Larry), Brosz, Brown (Arnold), Diedtrich (Elmer), Madden, and Putnam and Representatives Jaspers, Juhnke, Michels, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   regulate petroleum products containing methyl tertiary butyl ether.

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

     SB 162   Introduced by:  Senators Diedrich (Larry), Brosz, Brown (Arnold), Daugaard, Vitter, and Whiting and Representatives Pitts, Begalka, Brown (Richard), Clark, Fryslie, Hanson (Gary), Hargens, Holbeck, Jensen, Lintz, and Murschel

       FOR AN ACT ENTITLED, An Act to   permit farm wineries to hold an off-sale package wine license.

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

     SB 163   Introduced by:  Senators Diedrich (Larry), Albers, Daugaard, Duxbury, Hutmacher, Koetzle, Sutton (Dan), and Symens and Representatives Jaspers, Broderick, Flowers, Hanson (Gary), Juhnke, Olson (Mel), Peterson (Jim), and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   require certain state vehicles to use ethanol or biodiesel blend.

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

     SB 164   Introduced by:  Senators Diedtrich (Elmer), Drake, Hutmacher, and Sutton (Dan) and Representatives Frost, Begalka, Flowers, Holbeck, Kooistra, and Lange

       FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to education.


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

     SB 165   Introduced by:  Senators Koskan, Diedtrich (Elmer), and Volesky and Representatives Lange, Hargens, Kloucek, and Smidt

       FOR AN ACT ENTITLED, An Act to   provide for incentives for development of certain commercial small power production facilities.

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

     SB 166   Introduced by:  Senator Koskan and Representatives Juhnke, Jensen, and Napoli

       FOR AN ACT ENTITLED, An Act to   repeal the sales and use tax on farm machinery, farm attachment units, and irrigation equipment and to increase the school district general fund levy for agricultural property.

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

     SB 167   Introduced by:  Senators Daugaard, Duxbury, McCracken, and Whiting and Representatives McCaulley, Duenwald, Duniphan, and Madsen

       FOR AN ACT ENTITLED, An Act to   provide for enhanced penalties if child abuse results in serious bodily injury to a child.

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

     SB 168   Introduced by:  Senators Daugaard, Bogue, and de Hueck and Representatives Monroe, Duenwald, Garnos, and Klaudt

       FOR AN ACT ENTITLED, An Act to   revise the provisions for issuing on-sale liquor licenses to resort facilities.

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

     SB 169   Introduced by:  Senators Daugaard, Brosz, Diedrich (Larry), Hainje, Hutmacher, McCracken, McIntyre, Sutton (Dan), Vitter, and Whiting and Representatives Brown (Richard), Abdallah, Adelstein, Davis, Derby, Flowers, Hennies (Don), Hennies (Thomas), Konold, Sebert, and Wick

       FOR AN ACT ENTITLED, An Act to   increase the expenditure limit for certain public improvements requiring competitive bids.

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


     SB 170   Introduced by:  Senators Staggers, Apa, Hainje, Koetzle, Sutton (Dan), Symens, and Volesky and Representatives Monroe, Klaudt, Kloucek, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   remove the fee for special vehicle license plates for firefighters.

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

     SB 171   Introduced by:  Senators Staggers and Koetzle and Representatives Kooistra, Elliott, Glenski, Kloucek, and McCoy

       FOR AN ACT ENTITLED, An Act to   reduce the sales and use tax on food.

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

     SB 172   Introduced by:  Senators Munson, Albers, Hainje, Koetzle, and McIntyre and Representatives Jaspers, Brown (Richard), Konold, and Wick

       FOR AN ACT ENTITLED, An Act to   authorize additional off-sale retail liquor licenses in certain municipalities.

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

     SB 173   Introduced by:  Senators Munson, McCracken, Moore, and Olson (Ed) and Representatives Peterson (Bill), Flowers, Hennies (Thomas), and Olson (Mel)

       FOR AN ACT ENTITLED, An Act to   authorize a rental car company to offer car rental insurance under certain circumstances.

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

     SB 174   Introduced by:  Senators Symens, Apa, Dennert, Drake, Duxbury, Hutmacher, Koetzle, Moore, Reedy, Sutton (Dan), and Volesky and Representatives Hanson (Gary), Bartling, Burg, Elliott, Hargens, Hundstad, Kloucek, Lange, Nachtigal, Peterson (Jim), Sigdestad, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   provide for a refund of certain taxes attributed to the construction of a new or expanded wind energy generation facilities.

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

     SB 175   Introduced by:  Senators Symens, Dennert, Diedrich (Larry), and Duxbury and Representatives Jaspers, Burg, Hanson (Gary), Juhnke, Lange, and Nachtigal


       FOR AN ACT ENTITLED, An Act to   exempt from sales tax certain contract services provided to agricultural producers by an agent of a parent company through a local contracting entity.

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

     SB 176   Introduced by:  Senator Hainje and Representative Richter

       FOR AN ACT ENTITLED, An Act to   clarify the purposes for which funds in the special racing revolving fund and South Dakota-bred racing fund may be used.

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

     SB 177   Introduced by:  Senators de Hueck, Apa, Drake, Hutmacher, Koskan, and Vitter and Representatives Duenwald, Bartling, Hennies (Thomas), Juhnke, Kooistra, Napoli, and Slaughter

       FOR AN ACT ENTITLED, An Act to   impose an excise tax on the gross receipts of wireless, cellular, and personal communications system telephone companies.

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

     SB 178   Introduced by:  Senators de Hueck, Dennert, Duxbury, Hutmacher, Koetzle, and McIntyre and Representatives Slaughter, Bartling, Flowers, Juhnke, Lange, Pederson (Gordon), Sutton (Duane), and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   appropriate funds for distribution to the counties to replace the state inheritance tax revenue.

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

     SB 179   Introduced by:  Senator de Hueck and Representative Monroe

       FOR AN ACT ENTITLED, An Act to   revise the appeal procedure concerning the factor used for valuing agricultural and nonagricultural property.

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

     SB 180   Introduced by:  Senator de Hueck and Representatives Garnos and Monroe

       FOR AN ACT ENTITLED, An Act to   require insurance coverage for certain enteral formulas under certain conditions.


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

     SB 181   Introduced by:  Senators de Hueck, Brown (Arnold), Daugaard, Diedtrich (Elmer), Everist, Hutmacher, Koetzle, Madden, McCracken, Moore, Olson (Ed), Sutton (Dan), Vitter, Volesky, and Whiting and Representatives Madsen, Brown (Jarvis), Brown (Richard), Burg, Derby, Flowers, Fryslie, Gillespie, Hanson (Gary), Hargens, Hennies (Thomas), Jensen, Juhnke, Kooistra, McCaulley, McCoy, Monroe, Olson (Mel), Pederson (Gordon), Peterson (Bill), Smidt, Solum, Teupel, Valandra, Van Gerpen, and Van Norman

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to underinsured motorist coverage limits.

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

     SB 182   Introduced by:  Senator de Hueck and Representatives Monroe and Garnos

       FOR AN ACT ENTITLED, An Act to   amend the General Appropriations Act for fiscal year 2001 and to provide for bonuses for certain state employees.

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

     SB 183   Introduced by:  Senator de Hueck and Representative Madsen

       FOR AN ACT ENTITLED, An Act to   allow the resignation of the registered agent of a limited liability partnership.

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

     SB 184   Introduced by:  Senator de Hueck and Representatives Garnos and Monroe

       FOR AN ACT ENTITLED, An Act to   revise certain career service system rules pertaining to causes for disciplinary action against employees.

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

     SB 185   Introduced by:  Senators Sutton (Dan), Diedrich (Larry), Moore, and Reedy and Representatives Jaspers and Broderick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the assets allowed in the determination of the financial condition of an insurer.

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


     SB 186   Introduced by:  Senators Bogue, Albers, Brosz, Brown (Arnold), Daugaard, de Hueck, Drake, Duxbury, Everist, Greenfield, Hainje, Koetzle, Koskan, Madden, McCracken, Olson (Ed), Putnam, Symens, Vitter, Volesky, and Whiting and Representatives Clark, Duniphan, Gillespie, Hanson (Gary), Jensen, Juhnke, Klaudt, Lange, Michels, Olson (Mel), Pederson (Gordon), Peterson (Bill), Rhoden, Sigdestad, Teupel, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for the preservation of certain public broadcasting records of the legislative session.

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

     SB 187   Introduced by:  Senators Bogue, Brown (Arnold), Daugaard, de Hueck, Diedrich (Larry), Diedtrich (Elmer), Duxbury, Hutmacher, Koetzle, Madden, McCracken, Moore, Olson (Ed), Putnam, Sutton (Dan), Symens, Vitter, Volesky, and Whiting and Representatives Madsen, Brown (Jarvis), Brown (Richard), Burg, Derby, Flowers, Fryslie, Gillespie, Hanson (Gary), Hargens, Hennies (Thomas), Jensen, Juhnke, Kooistra, McCaulley, McCoy, Monroe, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Smidt, Solum, Teupel, Valandra, Van Gerpen, and Van Norman

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to comparative negligence.

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

     SB 188   Introduced by:  Senators Bogue, Greenfield, Moore, and Olson (Ed) and Representatives Brown (Jarvis), Heineman, and Olson (Mel)

       FOR AN ACT ENTITLED, An Act to   revise the time period when a garnishee summons and affidavit is served on the defendant.

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

     SB 189   Introduced by:  Senators Bogue, de Hueck, and Moore and Representatives Monroe, Abdallah, Gillespie, McCaulley, and Michels

       FOR AN ACT ENTITLED, An Act to   provide for certain penalties for leaving a gasoline station before making payment on motor fuel.

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

     SB 190   Introduced by:  Senators Volesky, Koetzle, and Staggers and Representatives Lange, Bradford, Elliott, and Glenski

       FOR AN ACT ENTITLED, An Act to   provide for an early pheasant season for resident hunters.

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

     SB 191   Introduced by:  Senators Hutmacher, McIntyre, Moore, and Reedy and Representatives Brown (Jarvis), Bartling, Fryslie, Juhnke, Lintz, Nachtigal, and Rhoden

       FOR AN ACT ENTITLED, An Act to   revise the number and duration of certain nonresident waterfowl hunting licenses.

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

     SB 192   Introduced by:  Senators Hutmacher, Koetzle, Moore, Reedy, Sutton (Dan), and Volesky and Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Elliott, Flowers, Hargens, Hundstad, Lange, Nachtigal, Nesselhuf, Peterson (Jim), and Sigdestad

       FOR AN ACT ENTITLED, An Act to   require certain prescription drug manufacturers and labelers to enter into rebate agreements, to establish a discount prescription drug program for certain individuals, to require retail pharmacies to offer certain discounts, and to prescribe penalties and remedies.

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

     SB 193   Introduced by:  Senators Hutmacher, Koetzle, Reedy, and Volesky and Representatives Olson (Mel), Bartling, Flowers, Hundstad, Lange, Nesselhuf, Peterson (Jim), Sigdestad, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   revise the distribution of revenue from the video lottery.

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

     SB 194   Introduced by:  Senators Hutmacher and Koskan and Representative Nachtigal

       FOR AN ACT ENTITLED, An Act to   prohibit hunting on certain railroad rights-of-way.

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

     SB 195   Introduced by:  Senators Hutmacher, Dennert, Koetzle, Reedy, and Volesky and Representatives Olson (Mel), Bartling, Bradford, Flowers, Hundstad, Lange, Nesselhuf, Sigdestad, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   revise the distribution of revenue from the video lottery.

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

     SB 196   Introduced by:  Senators Hutmacher, Koetzle, Moore, Reedy, Sutton (Dan), and Volesky and Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Elliott, Flowers, Glenski, Hargens, Hundstad, Lange, Nesselhuf, Peterson (Jim), and Sigdestad

       FOR AN ACT ENTITLED, An Act to   provide for a negotiated price for prescription drugs sold in the state.

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

     SB 197   Introduced by:  Senators Hutmacher and Symens and Representatives Hanson (Gary), Nachtigal, and Sigdestad

       FOR AN ACT ENTITLED, An Act to   create a classification for owner-operated farm property and class 2 agricultural property, to establish a maximum property tax levy for class 2 agricultural property for the general fund of a school district, and to repeal the classification for nonagricultural acreage.

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

     SB 198   Introduced by:  Senators Drake, Albers, Apa, Duxbury, Kleven, Koskan, Madden, McCracken, Olson (Ed), Putnam, Sutton (Dan), and Vitter and Representatives Duenwald, Brown (Jarvis), and Klaudt

       FOR AN ACT ENTITLED, An Act to   establish a girls' basketball season.

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

     SB 199   Introduced by:  Senator Kleven and Representatives Pummel and Hansen (Tom)

       FOR AN ACT ENTITLED, An Act to   revise municipal authority to license, tax, and regulate certain transient merchants.

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

     SB 200   Introduced by:  Senators Olson (Ed), Bogue, Hutmacher, and Symens and Representatives Hundstad, Burg, Lange, and Sebert

       FOR AN ACT ENTITLED, An Act to   provide for the taxation of severed mineral interests.

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

     SB 201   Introduced by:  Senators Everist, Bogue, Daugaard, McCracken, Munson, Sutton (Dan), Volesky, and Whiting and Representatives Brown (Richard), Brown (Jarvis), Davis, Gillespie, Glenski, Konold, Madsen, Pederson (Gordon), and Solum

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the exemption of charitable gift annuities from insurance regulation.

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

     SB 202   Introduced by:  Senators Everist, Apa, Brown (Arnold), Dennert, Drake, Hainje, Ham, Hutmacher, Madden, Moore, Olson (Ed), Reedy, and Vitter and Representatives Peterson (Bill), Brown (Jarvis), Brown (Richard), Garnos, Klaudt, Kooistra, McCoy, Murschel, Olson (Mel), Peterson (Jim), and Wick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding visitation rights for grandparents.

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

     SB 203   Introduced by:  Senators Bogue and Koskan and Representatives Smidt, Madsen, Michels, and Teupel

       FOR AN ACT ENTITLED, An Act to   clarify the responsibilities of foster parents in regard to foster children.

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

     SB 204   Introduced by:  Senators Hagen and Volesky and Representatives Valandra and Bradford

       FOR AN ACT ENTITLED, An Act to   permit tribal identification cards in lieu of other identification when applying for a driver's license.

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

     SB 205   Introduced by:  Senators Volesky, Hagen, and Koetzle and Representatives McCoy, Bradford, Kloucek, Lange, Nesselhuf, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for the elimination of the term, squaw, from South Dakota place names.

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

     SB 206   Introduced by:  Senators Hutmacher, Dennert, Duxbury, Koetzle, Moore, Reedy, Symens, and Volesky and Representatives Flowers, Gillespie, Glenski, Hanson (Gary), Olson (Mel), Peterson (Jim), and Sigdestad

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the supervision of local state agency accounts by the state treasurer and state auditor.

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

     SB 207   Introduced by:  Senator de Hueck and Representative Lange

       FOR AN ACT ENTITLED, An Act to   prohibit the use of certain hand-held devices by motor vehicle drivers, to provide for certain exemptions, and to provide a penalty therefor.

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

     SB 208   Introduced by:  Senator Staggers and Representative McCaulley

       FOR AN ACT ENTITLED, An Act to   allow persons with advanced degrees to teach in the long distance learning system.

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

     SJR 1   Introduced by:  Senators Dennert, de Hueck, Diedtrich (Elmer), Ham, Hutmacher, McIntyre, Moore, Reedy, Symens, and Volesky and Representatives Sutton (Duane), Brown (Jarvis), Burg, Elliott, Frost, Hennies (Thomas), Hundstad, Kooistra, McCoy, and Olson (Mel)

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the special election designated by the Seventy-fifth Legislature, meeting in special session, an amendment to Article VIII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund using certain tobacco settlement monies.

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

     SJR 2   Introduced by:  Senators Staggers, Albers, Drake, and Greenfield and Representatives McCaulley, Hennies (Don), McCoy, and Van Gerpen

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article XI of the Constitution of the State of South Dakota to prohibit the taxation of income except on banks or financial corporations.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1071:   FOR AN ACT ENTITLED, An Act to   revise the time criterion for the termination of certain liens and encumbrances.

     Was read the second time.

     The question being "Shall HB 1071 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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

     Nays:
Staggers

     Excused:
Hagen; Hainje; 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 3:   FOR AN ACT ENTITLED, An Act to   provide the director of insurance with rule- making authority regarding personal nonpublic financial information.

     Was read the second time.

     The question being "Shall SB 3 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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

     Nays:
Staggers

     Excused:
Hagen; Hainje; 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 9:   FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to landowner liability for injuries sustained on flooded land.

     Was read the second time.

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     Sen. Symens moved that SB 9 be further amended as follows:

     On page 1, line 12 of the Senate Agriculture and Natural Resources Committee engrossed bill, after " . " insert " This section does not preempt the standard of liability which a landowner owes to a person who has paid a charge to enter the land pursuant to subdivision 20-9-16(2). "

     Which motion prevailed.

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     Sen. de Hueck moved that SB 9 be further amended as follows:

     On page 1, line 7 of the Senate Agriculture and Natural Resources Committee engrossed bill, before " is " insert " either has accessed the flooded lands of the owner, tenant, or lessee through public access means or ".

     On page 1 , line 8, delete " , with or " .

     Sen. Symens requested that Joint Rule 5-17 be invoked on SB 9.

     Which request was supported and SB 9 with Sen. de Hueck's pending motion to amend was deferred until Monday, January 29, the 14th legislative day.


     Sen. Everist moved that the Senate do now recess until 3:15 p.m., which motion prevailed and at 2:55 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 3:15 p.m., the President presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(continued)

     SB 43:   FOR AN ACT ENTITLED, An Act to   establish within the State Board of Chiropractic Examiners a disciplinary committee and an ethics committee and to authorize a fee for peer review.

     Was read the second time.

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     Sen. Bogue moved that SB 43 be further amended as follows:

     On page 2, line 9 of the Senate Commerce Committee engrossed bill, delete " this fee may only be " and insert " no patient of a licensee requesting a peer review is subject to this fee. "

     On page 2 , delete line 10 .

     Which motion prevailed.

     The question being "Shall SB 43 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, Absent 0

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

     Nays:
Staggers

     Excused:
Hagen; Hainje; McIntyre; Symens

     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.

     SB 74:   FOR AN ACT ENTITLED, An Act to   add the Student Loan Marketing Association to certain existing permitted investments of insurers.

     Was read the second time.

     The question being "Shall SB 74 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, Absent 0

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

     Nays:
Koskan

     Excused:
Diedrich (Larry); Hagen; Hainje; 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 92:   FOR AN ACT ENTITLED, An Act to   provide for the care of certain abandoned children and for the termination of parental rights.

     Was read the second time.

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     Sen. Ham moved that SB 92 be amended as follows:

     On page 1, line 12 of the printed bill, delete " five " and insert "fourteen".
     On page 2 , line 1, delete the first "the" and insert "that".

     On page 3 , line 2, delete " a " and insert "the nonrelinquishing".

     Which motion prevailed.

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     Sen. Sutton moved that SB 92 be further amended as follows:

     On page 2, line 20 of the printed bill, delete " the other " and insert "the parent relinquishing custody shall notify the other parent within fourteen days that the child has been relinquished. The nonrelinquishing".

     Sen. Koskan requested that Joint Rule 5-17 be invoked on SB 92.

     Which request was supported and SB 92 with Sen. Sutton's pending motion to amend was deferred until Monday, January 29, the 14th legislative day.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1021:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding liability for violations regarding plant quarantines and to establish certain fees for inspections and issuances of certificates for the movement of plants and plant products.

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

     HB 1045:   FOR AN ACT ENTITLED, An Act to   prohibit the disclosure and use of personal information contained in certain motor vehicle records.

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

     HB 1073:   FOR AN ACT ENTITLED, An Act to   revise certain procedures related to livestock brands, proof of livestock ownership, and livestock ownership inspection.

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

     HB 1075:   FOR AN ACT ENTITLED, An Act to   modify certain procedures for grand jury returns.

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

     HB 1076:   FOR AN ACT ENTITLED, An Act to   permit certain persons whose driving privileges have been suspended or revoked to attend counseling programs.

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

     HB 1078:   FOR AN ACT ENTITLED, An Act to   permit the court to impose certain costs and fees as part of the disposition for a delinquent child.

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

     HB 1079:   FOR AN ACT ENTITLED, An Act to   determine the venue of the offense of underage possession or consumption of alcoholic beverages.

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

     HB 1080:   FOR AN ACT ENTITLED, An Act to   permit applicable sales taxes to be applied as part of the collection costs and expenses for dishonored checks.

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

     HB 1095:   FOR AN ACT ENTITLED, An Act to   revise the sizes of plats that may be filed with the register of deeds.

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

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.

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

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     Sen. Ham moved that HB 1009 be amended as follows:

     On page 1, line 10 of the printed bill, after " auditor " insert " of the decedent's county of residency ".
     Which motion prevailed.

     The question being "Shall HB 1009 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

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

     Excused:
Hagen; Hainje; McIntyre; Symens; 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.

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

     Was read the second time.

     The question being "Shall HB 1044 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

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

     Excused:
Hagen; Hainje; McIntyre; Symens; 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.

     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 second time.

     The question being "Shall HB 1048 pass?"

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, Absent 0

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

     Nays:
Staggers

     Excused:
Hagen; Hainje; McIntyre; 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.

     HB 1056:   FOR AN ACT ENTITLED, An Act to   increase the penalty for violation of certain fur dealer license requirements.

     Was read the second time.

     Sen. Bogue moved that HB 1056 be deferred to Friday, January 26, the 13th legislative day.

     Which motion prevailed and the bill was so deferred.

     There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


      Sen. Brown moved that SB 179 be referred from the Committee on Agriculture and Natural Resources to the Committee on Taxation.
     Which motion prevailed and the bill was so referred.

SIGNING OF BILLS


     The President publicly read the title to

     SB 54: FOR AN ACT ENTITLED, An Act to  update certain citations to federal law regarding pipeline safety inspection.

     SB 65: FOR AN ACT ENTITLED, An Act to  clarify that the estates of certain nonresidents are subject to the estate tax.

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

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

     And signed the same in the presence of the Senate.

COMMEMORATIONS


     SC 2   Introduced by:  Senators Everist, Hutmacher, and McCracken and Representatives Eccarius, Derby, Olson (Mel), and Peterson (Bill)

         A LEGISLATIVE COMMEMORATION,  Honoring Elizabeth Hart, South Dakota Girls' State Governor and Spencer Crawford, South Dakota Boys' State Governor; and commending the South Dakota American Legion and Auxiliary for their sponsorship and coordination of the Girls' State and Boys' State programs.

     WHEREAS,  Elizabeth Hart and Spencer Crawford have been selected and are serving in these high offices and are outstanding young South Dakota leaders; and

     WHEREAS,  the goals of Boys' State and Girls' State are:

             (1)    To better help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship; and

             (2)    To give better knowledge of the fundamental principles of government within the State of South Dakota through a unique learn-by-doing workshop; and

     WHEREAS,  the South Dakota American Legion and Auxiliary have worked diligently for more than fifty years in conducting these fine programs:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that Elizabeth Hart and Spencer Crawford be congratulated for their outstanding achievement; that appreciation be extended to those adults who donate time and energy to the program; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys' and Girls' State.

     Sen. Duxbury moved that the Senate do now adjourn, which motion prevailed and at 4:10 p.m. the Senate adjourned.

Patricia Adam, Secretary