JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



TWENTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 6, 2001

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by Senate page Lacey Kruse.

     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 nineteenth 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.
COMMUNICATIONS AND PETITIONS


January 16, 2001

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Jack Broome, Gregory County, Burke, South Dakota, to the South Dakota Board of Education.

    This appointment is effective immediately, and shall continue until December 31, 2002.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.

January 16, 2001

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed William F. Earley, Minnehaha County, Sioux Falls, South Dakota, to the Housing Development Authority.

    This appointment is effective immediately, and shall continue until June 30, 2005.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 1, 50, and 88 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1046 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 119 and returns the same with the recommendation that said bill be amended as follows:

119fa

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

    "Section 1. That chapter 32-15 be amended by adding thereto a NEW SECTION to read as follows:

     Any driver of a vehicle with a model year of 2000 or newer transporting sand, gravel, aggregate, dirt, rock, or similar material shall ensure that the cargo compartment of the vehicle is securely covered to prevent its contents from escaping if:

             (1)    The vertical distance from the top of an exterior wall of the cargo compartment to the load, when measured downward along the inside surface of the wall, is less than six inches;

             (2)    The size of the sand, gravel, aggregate, dirt, rock, or similar material is nominally less than four inches in diameter; and

             (3)    The speed of the vehicle is greater than forty miles per hour.

     The requirement to cover the cargo compartment does not apply to any vehicle operated within a closed construction zone or to any vehicle designed to drop material for the purpose of securing traction on any ice or snow packed surface.

     A violation of this section is a Class 2 misdemeanor.

     Section 2. Section 1 of this Act is effective on January 1, 2002, and is repealed on July 1, 2002.

     Section 3. That chapter 32-15 be amended by adding thereto a NEW SECTION to read as follows:

     Any driver of a vehicle with a model year of 1995 or newer transporting sand, gravel, aggregate, dirt, rock, or similar material shall ensure that the cargo compartment of the vehicle is securely covered to prevent its contents from escaping if:

             (1)    The vertical distance from the top of an exterior wall of the cargo compartment to the load, when measured downward along the inside surface of the wall, is less than six inches;

             (2)    The size of the sand, gravel, aggregate, dirt, rock, or similar material is nominally less than four inches in diameter; and

             (3)    The speed of the vehicle is greater than forty miles per hour.

     The requirement to cover the cargo compartment does not apply to any vehicle operated within a closed construction zone or to any vehicle designed to drop material for the purpose of securing traction on any ice or snow packed surface.

     A violation of this section is a Class 2 misdemeanor.

     Section 4. Section 3 of this Act is effective on July 1, 2002, and is repealed on January 1, 2003.

     Section 5. That chapter 32-15 be amended by adding thereto a NEW SECTION to read as follows:

     Any driver of a vehicle transporting sand, gravel, aggregate, dirt, rock, or similar material shall ensure that the cargo compartment of the vehicle is securely covered to prevent its contents from escaping if:

             (1)    The vertical distance from the top of an exterior wall of the cargo compartment to the load, when measured downward along the inside surface of the wall, is less than six inches;

             (2)    The size of the sand, gravel, aggregate, dirt, rock, or similar material is nominally less than four inches in diameter; and

             (3)    The speed of the vehicle is greater than forty miles per hour.

     The requirement to cover the cargo compartment does not apply to any vehicle operated within a closed construction zone or to any vehicle designed to drop material for the purpose of securing traction on any ice or snow packed surface.
     A violation of this section is a Class 2 misdemeanor.

     Section 6. Section 5 of this Act is effective on January 1, 2003."


     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 170 and 207 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Drue J. Vitter, Chair

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill be amended as follows:

22rc

     On page 1, line 12 of the printed bill, delete " or " .

     On page 1 , line 13, after " §  22-22-30.1 " insert " ; or

             (3)    Felony sexual contact as set forth in §  22-22-7 ".

22rd

     On page 1, after line 13 of the printed bill, insert:

    "Section 2. That chapter 22-22 be amended by adding thereto a NEW SECTION to read as follows:

     The public distribution of sex offender information by the internet pursuant to section 1 of this Act shall include a recent photograph of each sex offender for whom information is made available."

22re

     On page 1, line 8 of the printed bill, delete " may compile regional or " and insert " shall compile a ".

     On page 1 , line 9, delete " lists " and insert " list ".

     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 247 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Fred C. Whiting, Chair

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 221, 223, and 224 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Bob Drake, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 2 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 1, 50, and 88 which have passed the House without change.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1003, 1019, 1126, 1127, 1174, 1188, 1200, 1205, 1218, and 1249 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 25 as found on page 347 of the Senate Journal ; also

     Judiciary on SB 154 as found on page 348 of the Senate Journal ; also

     Judiciary on SB 155 as found on page 349 of the Senate Journal ; also

     Health and Human Services on SB 245 as found on page 363 of the Senate Journal ; also

     Judiciary on SB 250 as found on page 349 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 128:   FOR AN ACT ENTITLED, An Act to   require an agency to serve minutes of the rules hearing before the agency appears before the Interim Rules Committee.

     Was read the second time.

     The question being "Shall SB 128 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 majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 149:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the housing of prisoners from other jurisdictions.

     Was read the second time.

     The question being "Shall SB 149 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 majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 188:   FOR AN ACT ENTITLED, An Act to   revise the time period when a garnishee summons and affidavit is served on the defendant.

     Was read the second time.

     The question being "Shall SB 188 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 majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SCR 8:   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.

    Was read the second time.

     The question being "Shall SCR 8 as found on page 298 of the Senate Journal be adopted?"

     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 resolution having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the resolution was adopted.

     HB 1128:   FOR AN ACT ENTITLED, An Act to   revise certain requirements concerning county budget hearings.

     Was read the second time.

     The question being "Shall HB 1128 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 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 125:   FOR AN ACT ENTITLED, An Act to   clarify workers' compensation coverage for uncompensated volunteers and prisoners.

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


     The question being on Sen. Whiting's pending motion to further amend SB 125 as found on page 340 of the Senate Journal.

     Which motion prevailed.

     The question being "Shall SB 125 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

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

     Nays:
Bogue; de Hueck; Dennert; Duxbury; Greenfield; Hainje; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Putnam; Reedy; 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.

     SB 137:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the delivery of the certificate of title upon the sale of a secondhand vehicle.

     Having had its second reading was up for reconsideration.

     Sen. Everist moved that Sen. Elmer Diedtrich's amendment to SB 137, as found on page 354 of the Senate Journal, having been passed in error, be withdrawn, thus restoring the bill to the Senate Transportation Committee engrossed version.

     Which motion prevailed.

     The question being "Shall SB 137 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; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; Hutmacher; Putnam

     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 123:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Partnership Act and to repeal conflicting provisions.

     Was read the second time.

     Sen. Bogue moved that SB 123 be deferred to Wednesday, February 7, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

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

MOTIONS AND RESOLUTIONS


      Sen. Arnold Brown moved that SB 174 be referred from the Committee on Taxation to the Committee on Commerce.

     Which motion prevailed and the bill was so referred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)


     SB 167:   FOR AN ACT ENTITLED, An Act to   provide for enhanced penalties if child abuse results in serious bodily injury to a child.

     Was read the second time.

     The question being "Shall SB 167 pass?"

     And the roll being called:

     Yeas 15, Nays 18, Excused 2, Absent 0

     Yeas:
Bogue; Brosz; Brown (Arnold); Daugaard; Diedtrich (Elmer); Hainje; Ham; Kleven; Koetzle; McCracken; Munson; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Albers; Apa; de Hueck; Dennert; Diedrich (Larry); Drake; Duxbury; Greenfield; Hutmacher; Koskan; Madden; McIntyre; Moore; Olson (Ed); Putnam; Reedy; Staggers; Symens

     Excused:
Everist; Hagen

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

     SB 229:   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 second time.

     The question being "Shall SB 229 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; 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; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
de Hueck; Koetzle

     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.

     SB 244:   FOR AN ACT ENTITLED, An Act to   require assisted living centers to disclose certain health care charges.

     Was read the second time.

     The question being "Shall SB 244 pass?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

     Yeas:
Albers; 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; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Apa; Staggers

     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.

     There being no objection, the Senate reverted to Order of Business No. 5.


REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  172 and 181 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  185 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 Commerce respectfully reports that it has had under consideration SB  127 and 156 which were deferred to the 41st Legislative Day.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1021 and returns the same with the recommendation that said bill do pass.


Also MADAM PRESIDENT:

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

190ta

     On page 1, line 8 of the printed bill, delete everything after " days " and insert "."

     On page 1 , delete lines 9 and 10 .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1005 and returns the same with the recommendation that said bill be amended as follows:

1005tc

     On page 1, line 7 of the House Agriculture and Natural Resources Committee engrossed bill, delete " any " and insert "that portion of".

     On page 1 , line 11, delete " on the " and insert "on that portion of".

     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1062 and returns the same with the recommendation that said bill be amended as follows:

1062tc

     On page 1, line 11 of the House engrossed bill, after " older " insert " who holds the other form of license authorization, ".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1003 and returns the same with the recommendation that said resolution be amended as follows:

c1003ta

     On page 197, line 4 of the House Journal, delete everything after " necessary " and insert "to ensure and".

     On page 197 , line 5, delete " maintaining " and insert "maintain".

     On page 197 , line 7, delete " periodically " and insert "continually".

     And returns the same with the recommendation that said amended resolution be concurred in.

Respectfully submitted,
Larry Diedrich, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 99 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1003:   FOR AN ACT ENTITLED, An Act to   prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance.

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

     HB 1019:   FOR AN ACT ENTITLED, An Act to   revise certain requirements and fees regarding various agricultural related licenses, certificates, registrations, and inspections and to provide for the disposition of certain fees.

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

     HB 1126:   FOR AN ACT ENTITLED, An Act to   limit the application of implied consent in circumstances involving an arrest for vehicular homicide or vehicular battery.

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

     HB 1127:   FOR AN ACT ENTITLED, An Act to   modify the procedure for the remittance of the 911 surcharge.

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

     HB 1174:   FOR AN ACT ENTITLED, An Act to   revise the provisions for municipal checks and warrants to conform with state standards.

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

     HB 1188:   FOR AN ACT ENTITLED, An Act to   revise certain dates relating to the validation of prior bonds of political subdivisions.

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

     HB 1200:   FOR AN ACT ENTITLED, An Act to   require certain format standards for real estate documents filed at the register of deeds.

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

     HB 1205:   FOR AN ACT ENTITLED, An Act to   provide for the licensing of certain real estate corporations and limited liability companies.

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

     HB 1218:   FOR AN ACT ENTITLED, An Act to   prohibit directed suretyship.

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

     HB 1249:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions regarding the use of a vehicle at certain intersections.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


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

     Was read the second time.

     The question being "Shall HB 1080 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, 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; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Dennert; 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.

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

     Was read the second time.

     The question being "Shall HB 1087 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

     Nays:
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.

     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 second time.

     The question being "Shall HB 1088 pass?"

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Duxbury; Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Apa; Bogue; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Koskan; Olson (Ed); 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.

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

     Was read the second time.

1099oa

     Sen. Greenfield moved that HB 1099 be amended as follows:

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

     On page 1 , line 5, delete " , a synagogue, or a " and insert " religious organization ".

     On page 1 , line 6, delete " moslem congregation " .

     Which motion lost.

     The question being "Shall HB 1099 pass?"

     And the roll being called:

     Yeas 15, Nays 19, Excused 1, Absent 0

     Yeas:
Daugaard; de Hueck; Duxbury; Everist; Hainje; Ham; Kleven; Madden; McCracken; Moore; Munson; Olson (Ed); Staggers; Sutton (Dan); Whiting

     Nays:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Hutmacher; Koetzle; Koskan; McIntyre; Putnam; Reedy; Symens; Vitter; Volesky

     Excused:
Hagen

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

     HB 1156:   FOR AN ACT ENTITLED, An Act to   permit the consolidation of certain special elections on referendum petitions with the special election on April 10, 2001, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1156 pass?"

     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 two-thirds 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

     SB 1: FOR AN ACT ENTITLED, An Act to  require written informed consent before genetic testing.

     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.

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

     HB 1013: FOR AN ACT ENTITLED, An Act to  authorize commercial motor vehicle drivers to temporarily rest at interstate rest areas for a longer period of time.

     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.

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

     And signed the same in the presence of the Senate.

     Sen. Brosz moved that the Senate do now adjourn, which motion prevailed and at 3:55 p.m. the Senate adjourned.

Patricia Adam, Secretary