JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



FIFTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 30, 2001

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

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by Senate page Amy Schueth.

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

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fourteenth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Arnold M. Brown, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     The President introduced the University of South Dakota mascot "Charlie Coyote" who was escorted to the rostrum by Sen. Reedy.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Michael A. Gorman of Pennington County, Rapid City, South Dakota, as Assistant Adjutant General, Army.

     The question being "Does the Senate advise and consent to the executive appointment of Michael A. Gorman pursuant to the executive message as found on page 100 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Putnam

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Ronald W. Mielke of Minnehaha County, Sioux Falls, South Dakota, as Assistant Adjutant General, Air.

     The question being "Does the Senate advise and consent to the executive appointment of Ronald W. Mielke pursuant to the executive message as found on page 100 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Hagen

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 23, 31, 32, 33, 41, and 45 and finds the same correctly enrolled.

Also MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 5, 6, and 13 were delivered to his Excellency, the Governor, for his approval at 9:10 a.m., January 30, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 108, 135, and 98 and HB 1058 and 1063 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 152 and returns the same with the recommendation that said bill be amended as follows:


152ta

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

    " Section  1.  That § 40-7-20 be repealed.

     40-7-20.   No person may bring or cause to be brought into this state any female cattle or bison over twelve months of age for dairy or breeding purposes within this state that have not been officially calfhood vaccinated against brucellosis and are negative to the brucellosis test administered within thirty days prior to importation, if such livestock are test-eligible pursuant to rules promulgated by the animal industry board. No person may bring or cause to be brought into this state any livestock that originate in herds or lots if the herd or lot when tested revealed suspects or reactors to a brucellosis test, until the herd or lot has subsequently passed a negative test at least thirty days after the suspect or reactor was removed from the herd or lot in which it originated.

     No person may acquire any female breeding cattle or bison between twelve and twenty-four months of age that are not officially calfhood vaccinated against brucellosis.
     "Officially calfhood vaccinated" means that a bovine or bison female animal was vaccinated against brucellosis while from four to twelve months of age, under the supervision of a federal or state veterinary official, with a vaccine approved by the animal industry board, and permanently identified as such a vaccinate and reported at the time of vaccination to the appropriate state or federal agency cooperating in eradication of brucellosis. Any person violating the provisions of this section is guilty of a Class 6 felony.

     Section  2.  That § 40-7-20.1 be amended to read as follows:

     40-7-20.1.   The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 concerning:

             (1)      The issuance of permits for the disposition for immediate slaughter or for feeding purposes of animals affected with brucellosis;
             (2)      The methodology for inspections, examinations, and testing for brucellosis;
             (3)      The methodology and criteria for certifying or recertifying an area brucellosis free;
             (4)      Vaccination requirements and procedures for the intrastate sale, loan, lease, and transportation of breeding animals;
             (5)      Livestock importation permits and testing and inspection requirements; and
             (6)      Quarantine authority and procedures ; and
             (7)    The vaccination requirements and procedures for the importation of breeding animals . "

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Larry Diedrich, Chair


 Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 115 and HB 1036 and 1038 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Drue J. Vitter, Chair

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 42, 107, 139, and 147 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  141 and 148 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 Commerce respectfully reports that it has had under consideration SB 125 and returns the same with the recommendation that said bill be amended as follows:

125oa

     On page 1, line 5 of the printed bill, delete " , local prisoner, or state or federal inmate " .

     On page 1 , delete lines 14 and 15 , and insert:

"uncompensated workers shall be considered to be earning a wage that would entitle them to the maximum compensation for death or injury allowable under this title, but in worker's employment earnings from all sources during the past six months shall be used. In the event the volunteer uncompensated worker is not otherwise employed, the worker shall be considered to be earning the state minimum wage over a forty-hour week. The worker's average weekly wage shall be calculated by one of the methods in § §  62-4-25 to 62-4-27, inclusive. In no event shall may payments to volunteer uncompensated workers exceed the maximum limitations for benefits as set out in this title. No local prisoner, state inmate, or federal inmate providing services to the state or any of its political subdivisions may be considered a volunteer worker under this section. "


     On page 2 , delete lines 1 to 6 , inclusive.

     And that as so amended said bill do pass.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  111 and 117 and HB 1006 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1008 and returns the same with the recommendation that said bill be amended as follows:

1008ca

     On page 1 of the printed bill, delete lines 3 to 6 , inclusive, and insert:

    " Section 1. That § 13-16-26.2 be repealed.

     13-16-26.2.   Notwithstanding the provisions of §   13-16-26, no school district may transfer any funds, exclusive of federal funds, from the general fund to the capital outlay fund. ".


1008cta

     On page 1, line 1 of the printed bill, delete " restrict " and insert "repeal the restrictions on".

     And that as so amended said bill do pass.

Respectfully submitted,
Don Brosz, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 23, 31, 32, 33, and 41 which have passed the House without change.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1005, 1060, 1085, 1088, 1091, 1094, 1101, and 1110 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

     State Affairs on SB 57 as found on page 248 of the Senate Journal ; also

     State Affairs on HB 1023 as found on page 249 of the Senate Journal ; also

     Judiciary on HB 1064 as found on page 266 of the Senate Journal ; also

     Local Government on SB 100 as found on page 249 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Sen. Hainje moved that SB 100, which was reported without recommendation, be placed on the calendar of Wednesday, January 31, the 16th legislative day.

     The question being on Sen. Hainje's motion that SB 100 be placed on the calendar of Wednesday, January 31, the 16th legislative day.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Staggers

     Excused:
Hagen

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

MOTIONS AND RESOLUTIONS


     SCR 7   Introduced by:  Senators Moore and Putnam and Representatives Michels, Hunhoff, and Van Gerpen

         A CONCURRENT RESOLUTION,  Supporting the designation of U.S. Highway 81 as the Pan- American Highway.

     WHEREAS,  the Pan-American Highway currently stretches from South America to Nebraska; and

     WHEREAS,  the designation of U.S. Highway 81 in South Dakota would be a fitting continuation of the Pan-American Highway across the State of South Dakota:

     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 South Dakota Legislature hereby requests the Transportation Commission to designate U.S. Highway 81 as the Pan-American Highway and further requests that the Department of Transportation and interested local governments, associations, and groups work together to provide the funding for the proper signage of the Pan-American Highway.

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

     Sen. Everist moved that HB 1008 be referred from the Committee on Education to the Committee on State Affairs.

    Sen. Brown moved the previous question.

     Which motion prevailed and the bill was so referred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 246   Introduced by:  Senators Volesky and Moore and Representative Flowers

       FOR AN ACT ENTITLED, An Act to   authorize a person licensed to carry a concealed pistol in another state to carry a concealed pistol in this state under certain conditions.

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


     SB 247   Introduced by:  Senator Dennert

       FOR AN ACT ENTITLED, An Act to   require criminal background checks of employees of community service providers and to prohibit employment of certain persons by community service providers.

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

     SB 248   Introduced by:  The Committee on Education at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   create a higher education savings plan.

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

     SB 249   Introduced by:  Senators Bogue, Diedtrich (Elmer), and Vitter and Representatives Van Etten, Elliott, Frost, and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   provide for the governance of certain hospitals, to establish requirements for hospital medical staffs and criteria for medical staff membership, and to regulate medical staff privileges.

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

     SB 250   Introduced by:  Senators Bogue, Duxbury, Greenfield, and Moore and Representatives Jaspers, Broderick, Brown (Jarvis), Brown (Richard), Flowers, Michels, and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   provide that taking money or property from patients or inmates by certain institution employees constitutes theft.

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

     SB 251   Introduced by:  Senators de Hueck and Moore and Representatives Kooistra, Elliott, Garnos, Kloucek, and Lange

       FOR AN ACT ENTITLED, An Act to   provide benefit improvements for the members of the South Dakota Retirement System.

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

     SB 252   Introduced by:  Senator de Hueck and Representative Garnos

       FOR AN ACT ENTITLED, An Act to   provide for the establishment of the School and Public Lands Paleontology Advisory Council and to prescribe its duties.

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

     SJR 3   Introduced by:  Senator Dennert and Representative Burg

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota, authorizing a tax on the severance of certain minerals and resources used in the manufacture of cement, and directing that the revenues be used for education purposes.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 183:   FOR AN ACT ENTITLED, An Act to   allow the resignation of the registered agent of a limited liability partnership.

     Was read the second time.

     The question being "Shall SB 183 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
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.

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

    Was read the second time.

     The question being "Shall HCR 1001 as found on page 128 of the House Journal be concurred in?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Koetzle

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution was concurred in.

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

     Was read the second time.

     The question being "Shall HB 1028 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
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.

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

     Was read the second time.

     The question being "Shall HB 1030 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
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.

     HB 1057:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the law enforcement authority of conservation officers.

     Was read the second time.

     The question being "Shall HB 1057 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
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.

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


     Was read the second time.

     The question being "Shall HB 1066 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


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

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

     The question being "Shall SB 94 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Hagen

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


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1005:   FOR AN ACT ENTITLED, An Act to   prohibit the discharge of a firearm within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or certain livestock while on certain public waters, and to provide a penalty.

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

     HB 1060:   FOR AN ACT ENTITLED, An Act to   revise the method for and the limitations on imposition of various civil damages for unlawfully taking wild animals.

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

     HB 1085:   FOR AN ACT ENTITLED, An Act to   define whether an operator is subject to pay the cost of certain notifications from the one-call notification system.

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

     HB 1088:   FOR AN ACT ENTITLED, An Act to   require the provision of health insurance coverage for diagnostic screening for prostate cancer.

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

     HB 1091:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding jurisdiction for certain offenses involving intoxicating substances.

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

     HB 1094:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to credit card coverages of group personal property.

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

     HB 1101:   FOR AN ACT ENTITLED, An Act to   clarify the discretion of the court to impose sentences concurrently or consecutively.

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

     HB 1110:   FOR AN ACT ENTITLED, An Act to   criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1018:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Health to establish a program for processing waiver requests for international medical graduates and to establish a fee for processing waiver requests.

     Was read the second time.

     The question being "Shall HB 1018 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Hagen

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

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

     Was read the second time.

     The question being "Shall HB 1022 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Koetzle; Volesky

     Excused:
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.

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

     Was read the second time.

     The question being "Shall HB 1026 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Koskan; Staggers

     Excused:
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.

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

     Was read the second time.

     The question being "Shall HB 1051 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; 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:
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.

     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.

     Was read the second time.

    Sen. Koskan moved that HB 1061 be further amended as follows:

    On page 1, line 12 of the House Judiciary Committee engrossed bill, delete "1" and insert "2".

    Which motion lost.

     The question being "Shall HB 1061 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent 0

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

     Nays:
Bogue; Drake; Kleven; Koetzle; Koskan; Putnam


     Excused:
Hagen

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

     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 second time.

     The question being "Shall HB 1076 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Diedrich (Larry); Hagen; Hutmacher

     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 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 second time.

1078b

     Sen. Apa moved that HB 1078 be further amended as follows:

     On page 2, line 16 of the House Judiciary Committee engrossed bill, delete " tax " and insert " charge ".

     Which motion prevailed.

     The question being "Shall HB 1078 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 10, Excused 1, Absent 0

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

     Nays:
Bogue; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Staggers; Symens

     Excused:
Hagen

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

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


MOTIONS AND RESOLUTIONS

     Sen. Arnold Brown moved that SB 184 be referred from the Committee on Judiciary to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.

SIGNING OF BILLS


     The President publicly read the title to

     SB 23: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the filing of marriage records and rule-making authority regarding vital records.

     SB 31: FOR AN ACT ENTITLED, An Act to  revise certain requirements of the Division of Rehabilitation Services in contested cases.

     SB 32: FOR AN ACT ENTITLED, An Act to  revise the notice of hearing requirements pertaining to costs on petitions for authority to administer psychotropic medication.

     SB 33: FOR AN ACT ENTITLED, An Act to  proscribe the crime of assisting in the escape of an involuntarily committed person from the South Dakota Human Services Center or the South Dakota Developmental Center and to provide penalties therefor.


     SB 41: FOR AN ACT ENTITLED, An Act to  authorize the recovery of costs in contested cases for the real estate appraiser program and to repeal certain provisions regarding an appraiser's license.

     SB 45: FOR AN ACT ENTITLED, An Act to  allow alcohol beverage license suspension or revocation hearings to be held in a location other than the county where the license has been applied for or has been issued.

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

     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.

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

     And signed the same in the presence of the Senate.

     Sen. Koskan moved that the Senate do now adjourn, which motion prevailed and at 3:50 p.m. the Senate adjourned.

Patricia Adam, Secretary