JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



FOURTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 29, 2001

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

     The prayer was offered by the Chaplain, Father Hal Barber, followed by the Pledge of Allegiance led by Senate page Mandy Moore.

     Roll Call: All members present except Sens. Bogue and Hagen 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 thirteenth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Arnold M. Brown, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 5, 6, and 13 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 57 and returns the same with the recommendation that said bill be amended as follows:

57dd

     On page 2, line 16 of the printed bill, after " other " insert "or an attorney".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Michael A. Gorman of Pennington County, Rapid City, South Dakota, as Assistant Adjutant General, Army, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Ronald W. Mielke of Minnehaha County, Sioux Falls, South Dakota, as Assistant Adjutant General, Air, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  86 which was deferred to the 41st Legislative Day.

 Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1022 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1066 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 State Affairs respectfully reports that it has had under consideration HB 1023 and returns the same with the recommendation that said bill be amended as follows:

1023ob

     On page 1, line 12 of the House State Affairs Committee engrossed bill, after " to " insert "the".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HCR 1001 and returns the same with the recommendation that said resolution be concurred in and placed on the consent calendar.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  113 and 130 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 100 and returns the same with the recommendation that said bill be amended as follows:

100ta

     On page 2, line 14 of the printed bill, after " . " insert " Additional deletions, modifications, and amendments to the municipal ordinance may, from time to time, be made by the governing body and are effective upon their adoption and filing with the municipal finance officer. Additional deletions, modifications, and amendments to the county ordinance may, from time to time, be made by the governing body, and are effective upon their adoption and filing with the county auditor. "

     And returns the same without recommendation as amended.

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 151 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Arlene H. Ham, Chair

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1018 and 1026 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1028 and 1030 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Kenneth D. Albers, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 5 and 6 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1003 which has been adopted by the House and your concurrence is respectfully requested.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1004, 1025, 1046, 1077, 1083, 1093, 1112, 1113, and 1123 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Hainje moved that the Senate do concur in House amendments to SB 45.

     The question being on Sen. Hainje's motion that the Senate do concur in House amendments to SB 45.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Bogue; Hagen

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     SCR 6   Introduced by:  Senators Moore, Albers, de Hueck, Hutmacher, and Putnam and Representatives Michels, Brown (Jarvis), Garnos, Hunhoff, and Nesselhuf

         A CONCURRENT RESOLUTION,  Urging the establishment of the Lewis and Clark Bicentennial Commemoration Commission.
     WHEREAS,  the bicentennial commemoration of the Lewis and Clark expedition will take place from 2004 through 2006 and is expected to attract ten percent of the nation's population; and

     WHEREAS,  the Lewis and Clark Trail follows the Missouri River from its mouth to its source in the Rocky Mountains, to the mouth of the Columbia River, and back again, traveling through the State of South Dakota for approximately three hundred sixty miles; and

     WHEREAS,  the various federal, state, tribal, county, and city agencies within South Dakota must work together to prepare for the expected increased visitation during the bicentennial; and

     WHEREAS,  South Dakota will host the 2001 annual meeting of the Lewis and Clark Trail Heritage Foundation that will showcase the state's resources to Lewis and Clark followers from across the nation, who will take the story of the state's hospitality and services back home; and

     WHEREAS,  South Dakota is the only state along the trail route that does not have an established Lewis and Clark Bicentennial Commemoration Commission, since all work toward this effort is currently being done by the Department of Tourism:

     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 a Lewis and Clark Bicentennial Commemoration Commission be established within the state consisting of members from various federal, state, tribal, county, city, and private entities along the trail that will be impacted.

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

     HCR 1003:   A CONCURRENT RESOLUTION,   Expressing support for agricultural biotechnology.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 219   Introduced by:  Senators Kleven, Apa, Bogue, de Hueck, Dennert, Drake, Madden, McCracken, Putnam, and Vitter and Representatives Pummel, Brown (Richard), Duenwald, Duniphan, Heineman, Madsen, Napoli, Rhoden, and Richter

       FOR AN ACT ENTITLED, An Act to   permit municipalities to issue a temporary on-sale license during certain large events.

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

     SB 220   Introduced by:  Senator Moore and Representative Kooistra

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the suspension of students from extracurricular activities for certain drug and marijuana offenses.

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

     SB 221   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

     SB 222   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation to replenish the special emergency and disaster special revenue fund and to declare an emergency.

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

     SB 223   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation to fund tax refunds for elderly and disabled persons.

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

     SB 224   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation to help fund the memorials for persons awarded the Congressional Medal of Honor and for a fiftieth anniversary ceremony of the Korean War and to declare an emergency.

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

     SB 225   Introduced by:  Senators Everist and Volesky

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to insurance taxes, cash surrender values of insurances policies, and the payment of insurance benefits.

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


      SB 226   Introduced by:  Senators Everist and Brown (Arnold) and Representatives Peterson (Bill) and Eccarius

       FOR AN ACT ENTITLED, An Act to   revise and supplement certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the South Dakota Building Authority for the purpose of raising funds for specified purposes, to provide for transfer and sale from time to time of all future right, title, and interest of the State of South Dakota to certain amounts payable to the state by various tobacco companies under a master settlement agreement in exchange for the deposit of the net proceeds of such sale into the state permanent tobacco settlement development trust fund, and to establish certain funds.

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

     SB 227   Introduced by:  Senators Staggers and Drake and Representatives Kooistra, Klaudt, and Napoli

       FOR AN ACT ENTITLED, An Act to   provide for collection of data and information concerning electronic commerce.

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

     SB 228   Introduced by:  Senators Staggers, Apa, de Hueck, Drake, Greenfield, Koetzle, Madden, and Sutton (Dan) and Representatives Gillespie, Begalka, Davis, Hennies (Don), Hennies (Thomas), Kooistra, McCaulley, McCoy, Teupel, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

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

     SB 229   Introduced by:  Senator McCracken and Representative McCoy

       FOR AN ACT ENTITLED, An Act to   provide direction to the South Dakota Investment Council in the investment of the net proceeds derived from the sale of state cement enterprises and to declare an emergency.

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

     SB 230   Introduced by:  Senators Reedy and Albers and Representatives Nesselhuf, Flowers, and Lange

       FOR AN ACT ENTITLED, An Act to   revise the distribution of certain sales tax revenues.

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


     SB 231   Introduced by:  Senators Reedy, Dennert, Duxbury, Ham, Hutmacher, Koetzle, McIntyre, Moore, Sutton (Dan), Symens, and Volesky and Representatives Nesselhuf, Bartling, Bradford, Burg, Davis, Elliott, Flowers, Hanson (Gary), Hargens, Lange, Monroe, Nachtigal, Olson (Mel), Peterson (Jim), Sigdestad, and Van Norman

       FOR AN ACT ENTITLED, An Act to   ensure that covered persons of managed care plans receive certain health care services.

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

     SB 232   Introduced by:  Senators Albers and Koetzle and Representatives Jaspers and Bradford

       FOR AN ACT ENTITLED, An Act to   provide for a universal service fund for certain telecommunications services.

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

     SB 233   Introduced by:  Senators Albers and Vitter and Representatives Van Gerpen, Broderick, Hansen (Tom), Hennies (Thomas), Koistinen, Kooistra, Peterson (Bill), and Teupel

       FOR AN ACT ENTITLED, An Act to   require certain minimum penalties for second or subsequent offenses for driving under the influence.

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

     SB 234   Introduced by:  Senators Sutton (Dan), Brown (Arnold), Daugaard, Hutmacher, and McCracken and Representatives Garnos and Olson (Mel)

       FOR AN ACT ENTITLED, An Act to   provide for the development and administration of certain standardized academic achievement tests.

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

     SB 235   Introduced by:  Senator Hutmacher and Representative Derby

       FOR AN ACT ENTITLED, An Act to   allow certain interstate shipments of wine.

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

     SB 236   Introduced by:  Senators Hutmacher, Dennert, Duxbury, Koetzle, Moore, Reedy, Sutton (Dan), Symens, and Volesky and Representatives Olson (Mel), Bartling, Bradford, Burg,

Davis, Gillespie, Glenski, Hanson (Gary), Hargens, Hundstad, Kloucek, Lange, Nachtigal, Peterson (Jim), Sigdestad, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for legislative redistricting by a bipartisan, nonlegislative commission and to declare an emergency.

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

     SB 237   Introduced by:  Senators de Hueck, Kleven, Koskan, Symens, and Vitter and Representatives Van Gerpen, Jensen, Lintz, McCoy, Napoli, Pummel, and Rhoden

       FOR AN ACT ENTITLED, An Act to   permit municipalities and counties to prohibit the use or placement of video lottery machines.

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

     SB 238   Introduced by:  Senators Daugaard, McCracken, and Whiting and Representatives Peterson (Bill), Brown (Jarvis), Madsen, Michels, Teupel, and Van Etten

       FOR AN ACT ENTITLED, An Act to   provide that a portion of the interest earned on the people's trust fund be deposited in the tobacco prevention and reduction trust fund.

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

     SB 239   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   establish the regents scholarship program and provide for its funding.

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

     SB 240   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation for the regents scholarship program.

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

     SB 241   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   establish a tuition reimbursement program for dentists who fulfill certain requirements.

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

     SB 242   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   affect the sale and pricing of prescription drugs in the State of South Dakota.

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

     SB 243   Introduced by:  Senator Volesky and Representative Valandra

       FOR AN ACT ENTITLED, An Act to   establish a regents scholars program and to make an appropriation therefor.

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

     SB 244   Introduced by:  Senators Brown (Arnold), Brosz, Dennert, Drake, and Sutton (Dan) and Representatives Smidt, Brown (Richard), Davis, Duenwald, and Pitts

       FOR AN ACT ENTITLED, An Act to   require assisted living centers to disclose certain health care charges.

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

     SB 245   Introduced by:  Senators Brown (Arnold), Brosz, Daugaard, Drake, Ham, Hutmacher, McCracken, Olson (Ed), and Sutton (Dan) and Representatives Heineman, Pitts, and Smidt

       FOR AN ACT ENTITLED, An Act to   create a health care access and preservation trust fund and to provide that earnings from the fund be used for certain health care purposes.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


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

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

     The question being on Sen. de Hueck's pending motion to further amend SB 9 as found on page 225 of the Senate Journal.


     Sen. de Hueck moved that SB 9 be placed to follow SB 99 on today's calendar.

     Which motion prevailed.

     SB 92:   FOR AN ACT ENTITLED, An Act to   provide for the care of certain abandoned children and for the termination of parental rights.

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

    The question being on Sen. Dan Sutton's pending motion to amend SB 92 as found on page 228 of the Senate Journal.

92je

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

     On page 3 of the printed bill, delete lines 2 to 4 , inclusive.

     Which motion prevailed.

     The question being "Shall SB 92 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Albers

     Excused:
Bogue; Hagen

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

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

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

87jb

     Sen. Elmer Diedtrich moved that SB 87 be further amended as follows:

     On page 1 , line 6 of the Senate Health and Human Services Committee engrossed bill, after " The " insert "director of the Division of Insurance shall prescribe the format for the".

     On page 1 , line 7, delete " shall be in " and insert "and shall consider".

     On page 1 , line 8, delete " shall include all of " .

     On page 1 , line 8, delete " conform " .

     On page 1 , line 9, delete " to " .

     On page 1 , line 10, delete everything after " NCPDP " and insert "."

     On page 1 , delete line 11 .

     On page 1 , line 14, delete " NCPDP " and insert "format adopted by the director of the Division of Insurance".

     On page 2 , line 1, delete " implementation guide " .

     On page 2 , line 2, delete " shall conform to " and insert "the director of the Division of Insurance shall consider".

     On page 2 , line 2, after " effect and " delete " to " .

     On page 2 , line 24, delete " 2001 " and insert "2002".

     Which motion prevailed.

     The question being "Shall SB 87 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

     Yeas:
Albers; Brosz; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Greenfield; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Symens; Volesky; Whiting

     Nays:
Apa; Brown (Arnold); Everist; Hainje; Reedy; Staggers; Sutton (Dan); Vitter

     Excused:
Bogue; Hagen

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

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

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

     The question being "Shall SB 99 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Bogue; Hagen

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

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

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

     The question being on Sen. de Hueck's pending motion to further amend SB 9 as found on page 225 of the Senate Journal.

9rc

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

     On page 1, line 8 of the House Agriculture and Natural Resources Committee engrossed bill, delete " , with or " .
     Sen. de Hueck requested a roll call.

    Which request was supported.

    The question being on Sen. de Hueck's substitute motion that SB 9 be further amended.

     And the roll being called:

     Yeas 16, Nays 17, Excused 2, Absent 0

     Yeas:
Brown (Arnold); de Hueck; Dennert; Duxbury; Everist; Hainje; Hutmacher; Koetzle; Madden; McIntyre; Moore; Munson; Reedy; Sutton (Dan); Symens; Volesky

     Nays:
Albers; Apa; Brosz; Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Ham; Kleven; Koskan; McCracken; Olson (Ed); Putnam; Staggers; Vitter; Whiting

     Excused:
Bogue; Hagen

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

     The question now being on Sen. de Hueck's motion to further amend SB 9 as found on page 225 of the Senate Journal.

     Sen. Hutmacher moved that Sen. de Hueck's motion to further amend SB 9 be laid on the table.

     Which motion prevailed.

     The question now being "Shall SB 9 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent 0

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

     Nays:
Brosz; Brown (Arnold); de Hueck; Everist; Hainje; Madden


     Excused:
Bogue; Hagen

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 106:   FOR AN ACT ENTITLED, An Act to   restrict the total amount of change orders to existing public construction contracts.

     Was read the second time.

     The question being "Shall SB 106 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Bogue; Hagen

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 39:   FOR AN ACT ENTITLED, An Act to   establish standards for disability insurance.

     Was read the second time.

39oa

     Sen. Koetzle moved that SB 39 be further amended as follows:

     On page 1 of the Senate Commerce Committee engrossed bill, delete lines 10 to 14 , inclusive.

     On page 2 , delete lines 1 to 7 , inclusive.

     Sen. Dan Sutton requested that Joint Rule 5-17 be invoked on SB 39.

     Which request was supported and SB 39 with Sen. Koetzle's pending motion to amend was deferred until Wednesday, January 31, the 16th legislative day.

     SB 40:   FOR AN ACT ENTITLED, An Act to   exempt from registration certain Canadian broker-dealers and the securities offered by them.

     Was read the second time.

     The question being "Shall SB 40 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent 0

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

     Nays:
Apa; de Hueck; Koetzle

     Excused:
Bogue; Hagen; Staggers

     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 50:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the state's accounting systems and the financial statements prepared by the Bureau of Finance and Management.

     Was read the second time.

     The question being "Shall SB 50 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent 0

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


     Nays:
Dennert; Hutmacher

     Excused:
Bogue; Hagen; Koetzle

     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 58:   FOR AN ACT ENTITLED, An Act to   establish certain fees for filing and indexing records pursuant to the Uniform Commercial Code, to establish a fund, and to appropriate the fund.

     Was read the second time.

     The question being "Shall SB 58 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 5, Excused 4, Absent 0

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

     Nays:
Dennert; Hutmacher; Moore; Staggers; Symens

     Excused:
Bogue; de Hueck; Hagen; Koetzle

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

     Was read the second time.

     The question being "Shall SB 77 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Bogue; de Hueck; Hagen

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 91:   FOR AN ACT ENTITLED, An Act to   exempt certain school district employees from the requirement for certain background checks.

     Was read the second time.

     The question being "Shall SB 91 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Bogue; de Hueck; Hagen

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 93:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the investment of permanent school funds and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 93 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Bogue; de Hueck; Hagen

     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 94:   FOR AN ACT ENTITLED, An Act to   establish a statute of limitations for veterinary services.

     Was read the second time.

     Sen. Larry Diedrich moved that SB 94 be deferred to Tuesday, January 30, the 15th legislative day.

     Which motion prevailed and the bill was so deferred.

     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  1051, 1061, 1076, and 1078 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 183 and HB 1057 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1064 and returns the same with the recommendation that said bill be amended as follows:


1064ra

     On page 1, line 14 of the printed bill, overstrike " they " and insert " conservation officers and their supervisors ".

     And that as so amended said bill do pass.

Respectfully submitted,
Fred C. Whiting, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1009.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Hainje moved that SB 227 be referred from the Committee on Commerce to the Committee on Taxation.

     Which motion prevailed and the bill was so referred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1004:   FOR AN ACT ENTITLED, An Act to   provide notice to schools if a student commits a crime of violence.

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

     HB 1025:   FOR AN ACT ENTITLED, An Act to   repeal and revise certain mental health provisions pertaining to the state interagency coordinating network council and the local interagency teams.

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

     HB 1046:   FOR AN ACT ENTITLED, An Act to   require certain boats documented by the United States Coast Guard to be registered, to revise certain provisions regarding the numbering of boats, and to allow the Game, Fish and Parks Commission to establish a fee for a temporary boat license.

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

     HB 1077:   FOR AN ACT ENTITLED, An Act to   permit the court to impose certain costs and fees as part of the disposition for a child adjudicated as a child in need of supervision.

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

     HB 1083:   FOR AN ACT ENTITLED, An Act to   authorize employers to pay wages by direct deposit.

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

     HB 1093:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to transfers of insurance between members of the same insurance group.

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

     HB 1112:   FOR AN ACT ENTITLED, An Act to   revise school district inventory procedures.

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

     HB 1113:   FOR AN ACT ENTITLED, An Act to   revise payment methods for school districts.

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

     HB 1123:   FOR AN ACT ENTITLED, An Act to   repeal the requirement that school districts consist of adjoining territory.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


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

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

     Sen. Whiting moved that HB 1056 be deferred to Wednesday, January 31, the 16th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1050:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding genetic testing and analysis in paternity cases.

     Was read the second time.

     The question being "Shall HB 1050 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 1, Excused 5, Absent 0

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

     Nays:
Hainje

     Excused:
Bogue; de Hueck; Hagen; Koetzle; Symens

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

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

     Was read the second time.

1067cc

     Sen. Hutmacher moved that HB 1067 be amended as follows:

     On page 1, after line 7 of the printed bill, insert:

    "Section 2. That § 13-42-9 be amended to read as follows:

     13-42-9.   The secretary of the Department of Education and Cultural Affairs may revoke or suspend any certificate for any cause which would have prevented its issue, plain violation of contract, gross immorality, incompetency, violation of the code of ethics in effect on January 1, 1999, as determined by the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission, or flagrant neglect of duty, and may suspend any certificate for a period not to exceed one year for breaking or jumping a contract, if such suspension is requested by the school board. However, the secretary may not suspend a certificate for breaking or jumping a contract if the school board collected liquidated damages pursuant to the terms of the contract. "


     Which motion prevailed.

     The question being "Shall HB 1067 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Bogue; Hagen

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

     The question being on the title.

     Sen. Hutmacher moved that the title to HB 1067 be amended as follows:

     On page 1, line 2 of the printed bill, after " suspended " insert "and to prohibit the suspension of a certificate under certain circumstances".

     Which motion prevailed and the title was so amended.

SIGNING OF BILLS


     The President publicly read the title to

     SB 5: FOR AN ACT ENTITLED, An Act to  revise certain voting qualifications in municipal and school district elections.

     SB 6: FOR AN ACT ENTITLED, An Act to  require the notification to the secretary of state of the nomination of certain convention nominees and of the election of certain party officials.

     SB 13: FOR AN ACT ENTITLED, An Act to  allow a school district to deposit the proceeds from the sale of surplus property into its capital outlay fund.

     And signed the same in the presence of the Senate.

     Sen. Apa moved that the Senate do now adjourn, which motion prevailed and at 4:40 p.m. the Senate adjourned.

Patricia Adam, Secretary