Senate Journal 01/31/2001 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SIXTH SESSION

SIXTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 31, 2001

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

The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Kara Kann.

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 fifteenth day.

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

Also, the following correction shall be made in the journal of the fourteenth day:

On page 267, delete lines 18 and 19 and insert:

"HB 1004: FOR AN ACT ENTITLED, An Act to require notice to schools if a student commits certain crimes."

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 23, 31, 32, 33, 41, and 45 were delivered to his Excellency, the Governor, for his approval at 9:18 a.m., January 31, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1059 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 SB 124 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5 of the printed bill, delete " the loan " and insert "any loan related to the energy savings contract".

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 SB 120 and 121 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1053 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1027 and 1029 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

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 199 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1095 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 Local Government respectfully reports that it has had under consideration SB 126 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5 of the printed bill, overstrike " survey and " .

On page 1 , line 7, delete " survey and " .

On page 1, line 7 of the printed bill, overstrike " of the " and insert " of a ".

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

Respectfully submitted,
Arlene H. Ham, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 101 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10 of the printed bill, delete " may " and insert " shall ".

On page 1 , line 11, delete " and 10-46 " and insert " , 10-46, and 10-52 ".

On page 2 , line 8, delete " may " and insert " shall ".

On page 2 , line 9, delete " and 10-46 " and insert " , 10-46, and 10-52 ".

On page 1, line 1 of the printed bill, delete " allow any " and insert "require".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 140 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 8 and 9 , and insert:

"pay in addition to other taxes provided by law, an amount each and every year equal to two percent of the total gross revenues received by the cooperative for".

On page 1 , line 15, after " may " insert " , at the option of the municipality, ".

On page 2 , line 3, remove the overstrikes from " ~~shall be~~ " .

On page 2 , line 3, delete " may not exceed " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 116 and returns the same with the recommendation that said bill be amended as follows:

On page 2, after line 2 of the printed bill, insert:

"Section 3. This Act is effective on July 1, 2002."

And returns the same without recommendation as amended.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 109 and tables the same.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 110 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Dick Hainje, Chair

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 48 and 49 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 47 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the printed bill, overstrike " 2.0% " and insert " 2.25% ".

On page 3, after line 11 of the printed bill, insert:

"Section 5. The South Dakota Retirement System shall report to the 2002 Legislature a plan to raise the benefit multiplier to a level which eliminates the need for the Alternate A formula by July 1, 2004."

On page 1, line 2 of the printed bill, delete " and " and insert ",".

On page 1 , line 3, after " system " insert ", and to request a plan to discontinue the Alternate A benefit calculation".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 136 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Kenneth D. Albers, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SCR 3 in which the House has concurred.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1043, 1092, and 1119 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 8 Introduced by: Senators Brown (Arnold), Albers, Apa, Brosz, 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, Volesky, and Whiting and Representatives Smidt, Abdallah, Adelstein, Bartling, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Davis, Derby, Duenwald, Duniphan, Eccarius, Elliott, Flowers, Frost, Fryslie, Garnos, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Koistinen, Konold, Kooistra, Lange, Madsen, McCoy, Michels, Monroe, Murschel, Napoli,

Nesselhuf, Olson (Mel), Peterson (Bill), Peterson (Jim), Pitts, Pummel, Richter, Sebert, Sigdestad, Solum, Sutton (Duane), Teupel, Valandra, Van Etten, Van Norman, and Wick

A CONCURRENT RESOLUTION, Supporting programs that bring communities together to examine their demographic pasts and futures and that encourage them to look beyond traditional barriers to find practical solutions to the problems they face.

WHEREAS, South Dakota, like many other rural states, is losing population, and, in many instances, existing local units of government are not able to provide the same level of services they once did; and

WHEREAS, South Dakotans throughout history have always felt a sense of community and have come together to pool their resources when there is a need, and they want all citizens of the state to receive quality government services, whether they live in the largest city or in the most rural area; and

WHEREAS, Traditional political and social boundaries can sometimes stand in the way of real progress toward the goal of providing ample, high quality services to the people of South Dakota in an efficient, cost-effective way:

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 supports programs that bring communities together to examine their demographic pasts and futures, and that encourage them to look beyond traditional barriers to find practical solutions to the problems they face.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on SB 125 as found on page 277 of the Senate Journal ; also

Agriculture and Natural Resources on SB 152 as found on page 275 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 115: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning driver licenses and commercial driver licenses.

Was read the second time.

The question being "Shall SB 115 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

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

Was read the second time.

The question being "Shall SB 141 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

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

Was read the second time.

The question being "Shall SB 148 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

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 1036: FOR AN ACT ENTITLED, An Act to prevent commercial drivers from operating commercial motor vehicles while the driver, the commercial motor vehicle, or the motor carrier operation is subject to an out-of-service order.

Was read the second time.

The question being "Shall HB 1036 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

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 1038: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

Was read the second time.

The question being "Shall HB 1038 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

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

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

The question being on Sen. Koetzle's pending motion to further amend SB 39 as found on page 262 of the Senate Journal.

Which motion lost.

The question being "Shall SB 39 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, 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; Kleven; Koskan; Madden; McCracken; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Hutmacher; Koetzle; McIntyre; Staggers

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.

SB 100: FOR AN ACT ENTITLED, An Act to update the references to the building codes.

Was read the second time.

Sen. Hainje moved that SB 100 be amended as follows:

On page 2 of the printed bill, delete lines 12 to 14 , inclusive, and insert:

"1997 Edition of the Uniform Building Code as published by the International Conference of Building Officials or the 2000 edition of the International Building Code as published by the International Code Council, Incorporated . The governing body may amend, modify, or delete any portion of the Uniform or International Building Code before".

Which motion prevailed.

The question being "Shall SB 100 pass as amended?"

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

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 42: FOR AN ACT ENTITLED, An Act to provide for the increase of certain fees for the cosmetology commission.

Was read the second time.

The question being "Shall SB 42 pass?"

And the roll being called:

Yeas 31, Nays 3, 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; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Koskan; Madden; 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 57: FOR AN ACT ENTITLED, An Act to revise certain provisions related to anatomical gifts.

Was read the second time.

The question being "Shall SB 57 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

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 98: FOR AN ACT ENTITLED, An Act to establish certain penalties for failure to control weeds and pests.

Was read the second time.

Sen. Hutmacher moved that SB 98 be deferred to Friday, February 2, the 18^th legislative day.

Which motion prevailed and the bill was so deferred.

SB 107: FOR AN ACT ENTITLED, An Act to revise and update certain provisions of the Uniform Commercial Code.

Was read the second time.

The question being "Shall SB 107 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Hagen; Sutton (Dan)

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 108: FOR AN ACT ENTITLED, An Act to prohibit willful trespass on private property or on water or ice covering private property.

Was read the second time.

The question being "Shall SB 108 pass?"

And the roll being called:

Yeas 11, Nays 23, Excused 1, Absent 0

Yeas:
Dennert; Duxbury; Ham; Hutmacher; Kleven; Koskan; Reedy; Staggers; Sutton (Dan); Symens; Vitter

Nays:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Volesky; Whiting

Excused:
Hagen

So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

SB 111: FOR AN ACT ENTITLED, An Act to allow for binding arbitration for school districts and employees under certain circumstances.

Was read the second time.

Sen. Staggers moved that SB 111 be deferred to Thursday, February 1, the 17^th legislative day.

Which motion prevailed and the bill was so deferred.

SB 117: FOR AN ACT ENTITLED, An Act to revise certain provisions related to background checks for substitute teachers.

Was read the second time.

Sen. Dan Sutton moved that SB 117 be amended as follows:

On page 1 of the printed bill, delete lines 6 to 11 , inclusive.

On page 1 , line 12, delete everything before " Any " .

On page 1 , line 12, delete " substitute teacher who " and insert "school district employee who".

On page 2 , delete lines 1 to 3 , inclusive, and insert "transferred to any additional school district from the initial school district that obtained the criminal background investigation if the

additional school district or the school district employee requests in writing to the initial school district that the results be transferred and the school district employee who was the subject of the criminal background investigation signs a written release authorizing the transfer."

Which motion prevailed.

The question being "Shall SB 117 pass as amended?"

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Bogue; Drake; Greenfield

Excused:
Dennert; 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. Dan Sutton moved that the title to SB 117 be amended as follows:

On page 1, line 2 of the printed bill, delete " substitute teachers " and insert "school district employees".

Which motion prevailed and the title was so amended.

SB 135: FOR AN ACT ENTITLED, An Act to revise the grounds for the refusal, suspension, or revocation of certain veterinary medicine licenses and certificates.

Was read the second time.

The question being "Shall SB 135 pass?"

And the roll being called:

Yeas 27, Nays 4, Excused 4, Absent 0

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

Nays:
Drake; Koskan; Madden; Staggers

Excused:
Dennert; Hagen; Hutmacher; 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 139: FOR AN ACT ENTITLED, An Act to clarify provisions relating to the eligibility of certain cooperative members to qualify as a director.

Was read the second time.

The question being "Shall SB 139 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Yeas:
Albers; Apa; Bogue; 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

Excused:
Dennert; Hagen; Hutmacher; 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 147: FOR AN ACT ENTITLED, An Act to authorize the assignment of health insurance proceeds to a dentist.

Was read the second time.

The question being "Shall SB 147 pass?"

And the roll being called:

Yeas 16, Nays 17, Excused 2, Absent 0

Yeas:
Apa; Brosz; Brown (Arnold); de Hueck; Drake; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McIntyre; Moore; Reedy; Volesky; Whiting

Nays:
Albers; Bogue; Daugaard; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Everist; Greenfield; Hainje; McCracken; Munson; Olson (Ed); Putnam; Staggers; Sutton (Dan); Symens; Vitter

Excused:
Dennert; Hagen

So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

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 SB 105 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 5 to 7 , inclusive, and insert:

"If the Department of Corrections enters into a contractual agreement with a telecommunications company to provide inmate telephone services, the terms of the contract shall include the following:

(1) Inmates shall have the ability to make collect calls to approved telephone numbers; and

(2) Inmates shall have the ability to call residential toll-free numbers on an individually approved basis."

On page 1, line 1 of the printed bill, delete everything after " to " and insert "establish certain procedures regarding inmate telephone services."

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

"Section 1. The Corrections Commission shall make a comprehensive study of the provision of telephone services to the inmates of Department of Corrections institutions and make a report to the Legislature no later than December 1, 2001."

On page 1, line 1 of the printed bill, delete " prohibit inmate telephone charges " and insert "provide for a comprehensive study by the Corrections Commission of inmate telephone services at Department of Corrections institutions".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 233 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Fred C. Whiting, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1043: FOR AN ACT ENTITLED, An Act to authorize the state fire marshal to prohibit open burning.

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

HB 1092: FOR AN ACT ENTITLED, An Act to include in certain drug offenses the altered state of a controlled drug or substance or marijuana once absorbed into the body.

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

HB 1119: FOR AN ACT ENTITLED, An Act to authorize certain vehicles in the possession of a dealer's car auction agency to be moved with a permit.

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

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. Bogue moved that HB 1056 be amended as follows:

On page 1, line 5 of the printed bill, after " contract to purchase " insert " for a commercial purpose ".

On page 1 , line 6, after " the " insert " raw ".

On page 1 , line 6, after " animals " insert " or unskinned fur-bearing animals ".

On page 1 , line 7, after " Commission. " insert " For purposes of this section, commercial purpose is the purchase of or contract to purchase the property by persons who hold themselves out as engaging in the business of purchasing such property and does not include the isolated or occasional purchase of such property. "

On page 1 , line 9, after " resale " insert " or other commercial purpose ".

Which motion prevailed.

The question being "Shall HB 1056 pass as amended?"

And the roll being called:

Yeas 23, Nays 9, Excused 3, Absent 0

Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Reedy; Sutton (Dan); Vitter; Volesky; Whiting

Nays:
Apa; Diedrich (Larry); Drake; Duxbury; Greenfield; Koskan; Madden; Staggers; Symens

Excused:
Dennert; Hagen; 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.

HB 1006: FOR AN ACT ENTITLED, An Act to adjust the use of the capital outlay fund.

Was read the second time.

The question being "Shall HB 1006 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; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Dennert; Hagen; 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.

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.

Was read the second time.

Sen. Hutmacher moved that HB 1023 be further amended as follows:

On page 1, line 12 of the Senate State Affairs Committee engrossed bill, after " manager. " insert:

"Any potential employee or volunteer under this section shall give written consent prior to completion of the abuse and neglect screening. Failure to submit to abuse and neglect screening disqualifies an applicant from employment."

Which motion prevailed.

The question being "Shall HB 1023 pass as amended?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
de Hueck

Excused:
Dennert; Hagen; 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.

HB 1058: FOR AN ACT ENTITLED, An Act to modify the daily and possession fish limits permitted for holders of a nonresident family fishing license.

Was read the second time.

Sen. Vitter moved that HB 1058 be deferred to Friday, February 2, the 18^th legislative day.

Which motion lost.

Sen. Brosz moved the previous question.

Which motion prevailed.

The question being "Shall HB 1058 pass?"

And the roll being called:

Yeas 26, Nays 6, Excused 3, Absent 0

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

Nays:
Apa; Koetzle; McIntyre; Moore; Olson (Ed); Volesky

Excused:
Dennert; Hagen; 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.

HB 1063: FOR AN ACT ENTITLED, An Act to revise the time required for removal of an ice house from public waters of the state and to revise the time that failure to remove the ice house is deemed abandonment.

Was read the second time.

The question being "Shall HB 1063 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Dennert; Hagen; 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.

HB 1064: FOR AN ACT ENTITLED, An Act to clarify the law enforcement authority of conservation officers.

Was read the second time.

The question being "Shall HB 1064 pass as amended?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

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

Nays:
Apa; Bogue; Duxbury; Greenfield; Koskan; Madden; Staggers; Volesky

Excused:
Hagen; 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.

SIGNING OF BILLS

The President publicly read the title to

HB 1009: FOR AN ACT ENTITLED, An Act to revise the procedure for updating the voter registration list.

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.

And signed the same in the presence of the Senate.

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

Patricia Adam, Secretary