JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION




THIRTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 26, 2001

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

     The prayer was offered by Sen. Ron Volesky, followed by the Pledge of Allegiance led by Senate page Bethany Jost.

     Roll Call: All members present except Sens. Bogue, Larry Diedrich, Hagen, Hainje, McIntyre, and Munson 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 twelfth day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    Also, the following correction shall be made in the Senate Journal of the tenth day:

    On page 182, delete lines 12 through 14 and insert:

     "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 and volunteers and for employees and volunteers of certain adolescent treatment programs."

    On page 183, delete lines 5 through 7 and insert:


     "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 permit certain impartial mediation provisions."

    On page 183, delete lines 13 through 15 and insert:

     "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 license or privilege, and to provide for a penalty for a violation thereof."

     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 Legislative Procedure respectfully reports that SB 54 and 65 were delivered to his Excellency, the Governor, for his approval at 9:55 a.m., January 26, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 13 which has passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 45 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1053, 1062, 1072, 1087, and 1099 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 reports of the Standing Committees on

     Commerce on SB 39 as found on page 209 of the Senate Journal ; also

     Commerce on SB 40 as found on page 209 of the Senate Journal ; also

     Government Operations and Audit on SB 50 as found on page 208 of the Senate Journal ; also

     Commerce on SB 58 as found on page 210 of the Senate Journal ; also

     Agriculture and Natural Resources on SB 77 as found on page 207 of the Senate Journal ; also

     Education on SB 91 as found on page 206 of the Senate Journal ; also

     Education on SB 93 as found on page 206 of the Senate Journal ; also

     Agriculture and Natural Resources on SB 94 as found on page 207 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 209   Introduced by:  Senators Olson (Ed), Diedtrich (Elmer), and Sutton (Dan) and Representatives Brown (Richard), Derby, Flowers, Jaspers, and Sebert

       FOR AN ACT ENTITLED, An Act to   permit certain businesses to remit sales and use tax after the machinery is under production.

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

     SB 210   Introduced by:  Senators Diedrich (Larry), Daugaard, Hutmacher, Olson (Ed), Reedy, Sutton (Dan), and Symens and Representatives Jaspers, Duenwald, Hanson (Gary), Jensen, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   establish a refundable checkoff program for swine.

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



     SB 211   Introduced by:  Senators Bogue, Brown (Arnold), Duxbury, and Vitter and Representatives Jaspers, Broderick, Brown (Richard), Derby, Koistinen, Peterson (Bill), Richter, and Teupel

       FOR AN ACT ENTITLED, An Act to   restrict the erection or placement of unauthorized signs in any public highway right-of-way.

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

     SB 212   Introduced by:  Senators Apa, de Hueck, Duxbury, Hutmacher, Koetzle, McIntyre, Moore, Olson (Ed), and Reedy and Representatives Madsen, Brown (Richard), Burg, Davis, Garnos, Lange, Nesselhuf, Olson (Mel), Smidt, Teupel, and Wick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding reduced tuition for certain state employees.

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

     SB 213   Introduced by:  Senators Apa, de Hueck, Duxbury, Hutmacher, Moore, Olson (Ed), and Reedy and Representatives Garnos, Burg, Davis, Flowers, Glenski, Lange, Madsen, Monroe, Nesselhuf, Smidt, Teupel, and Wick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding longevity compensation for state employees.

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

     SB 214   Introduced by:  Senators Apa, Drake, Koskan, Sutton (Dan), Symens, and Volesky and Representatives Napoli, Broderick, Burg, Duenwald, Hennies (Thomas), Lange, Madsen, Sutton (Duane), and Teupel

       FOR AN ACT ENTITLED, An Act to   establish a telecommunications gross receipts tax, to provide for its distribution, and to repeal certain property taxes and certain gross receipts taxes paid by certain telecommunications companies.

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

     SB 215   Introduced by:  Senators Vitter, Albers, and Diedtrich (Elmer) and Representatives Lintz, Hennies (Thomas), and Pummel

       FOR AN ACT ENTITLED, An Act to   provide for a Black Hills buck deer season.

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



     SB 216   Introduced by:  Senators Greenfield and Apa and Representative Napoli

       FOR AN ACT ENTITLED, An Act to   prohibit certain signage and advertisement of the video lottery.

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

     SB 217   Introduced by:  Senator Daugaard and Representative Brown (Richard)

       FOR AN ACT ENTITLED, An Act to   revise the provisions for residential bid preference.

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

     SB 218   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   to provide for reporting the occurrence of fetal alcohol syndrome.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1055:   FOR AN ACT ENTITLED, An Act to   revise the time by which an annual identification fee must be paid by certain motor carriers.

     Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

     Yeas 27, Nays 0, Excused 8, Absent 0

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

     Excused:
Bogue; Daugaard; Diedrich (Larry); Hagen; Hainje; McIntyre; Munson; Olson (Ed)

     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 103:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the confidentiality of lottery records.

     Was read the second time.

103ja

     Sen. Volesky moved that SB 103 be amended as follows:

     On page 2, line 9 of the printed bill, after " corporation. " insert " In addition, this section may not be construed to make confidential the number of video lottery machines owned by any video lottery machine operator. "

     Sen. Dennert requested a roll call vote.

    Which request was supported.

    The question being on Sen. Volesky's motion that SB 103 be amended.

     And the roll being called:

     Yeas 9, Nays 20, Excused 6, Absent 0

     Yeas:
Dennert; Duxbury; Hutmacher; Koetzle; Koskan; Moore; Reedy; Symens; Volesky

     Nays:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Drake; Everist; Greenfield; Ham; Kleven; Madden; McCracken; Olson (Ed); Putnam; Staggers; Sutton (Dan); Vitter; Whiting

     Excused:
Bogue; Diedrich (Larry); Hagen; Hainje; McIntyre; Munson

     So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

     The question being "Shall SB 103 pass?"

     And the roll being called:

     Yeas 29, Nays 0, Excused 6, Absent 0


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

     Excused:
Bogue; Diedrich (Larry); Hagen; Hainje; McIntyre; Munson

     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 44:   FOR AN ACT ENTITLED, An Act to   provide reciprocity for the licensing of insurance producers.

     Was read the second time.

     The question being "Shall SB 44 pass?"

     And the roll being called:

     Yeas 27, Nays 2, Excused 6, Absent 0

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

     Nays:
Koetzle; Staggers

     Excused:
Bogue; Diedrich (Larry); Hagen; Hainje; McIntyre; Munson

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

     Was read the second time.

     The question being "Shall SB 81 pass?"

     And the roll being called:

     Yeas 28, Nays 1, Excused 6, Absent 0



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

     Nays:
Koetzle

     Excused:
Bogue; Diedrich (Larry); Hagen; Hainje; McIntyre; Munson

     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 85:   FOR AN ACT ENTITLED, An Act to   prohibit certain persons from receiving a permit to carry a concealed pistol.

     Was read the second time.

     The question being "Shall SB 85 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 6, Excused 6, Absent 0

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

     Nays:
Greenfield; Koskan; Madden; Moore; Staggers; Volesky

     Excused:
Bogue; Diedrich (Larry); Hagen; Hainje; McIntyre; Munson

     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 87:   FOR AN ACT ENTITLED, An Act to   provide for uniform prescription drug information cards.

     Was read the second time.


     Sen. Elmer Diedtrich moved that SB 87 be deferred to Monday, January 29, the 14th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 88:   FOR AN ACT ENTITLED, An Act to   prohibit certain deceptive trade practices regarding prescription discount cards.

     Was read the second time.

     The question being "Shall SB 88 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 2, Excused 6, Absent 0

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

     Nays:
Apa; Staggers

     Excused:
Bogue; Diedrich (Larry); Hagen; Hainje; McIntyre; Munson

     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 99:   FOR AN ACT ENTITLED, An Act to   revise certain penalties concerning inspections, repairs, and maintenance to certain vehicles.

     Was read the second time.

     Sen. Everist moved that SB 99 and 106 and HB 1050, 1056, and 1067 be deferred to Monday, January 29, the 14th legislative day.

     Which motion prevailed and the bills were so deferred.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1053:   FOR AN ACT ENTITLED, An Act to   revise the requirements for dispositional decrees entered by the courts for abused and neglected children.

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

     HB 1062:   FOR AN ACT ENTITLED, An Act to   revise the requirement that holders of a license issued by the Department of Game, Fish and Parks exhibit the license or authorization on request and to require that certain persons also exhibit certain forms of identification to law enforcement officers.

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

     HB 1072:   FOR AN ACT ENTITLED, An Act to   define the theft of certain livestock as grand theft.

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

     HB 1087:   FOR AN ACT ENTITLED, An Act to   provide for the consolidation and annexation of road districts.

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

     HB 1099:   FOR AN ACT ENTITLED, An Act to   permit certain persons to solemnize marriages.

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

SIGNING OF BILLS


     The President publicly read the title 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.

     And signed the same in the presence of the Senate.


     Sen. Brosz moved that the Senate do now adjourn, which motion prevailed and at 1:59 p.m. the Senate adjourned.

Patricia Adam, Secretary