JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 7, 2001

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

     The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by Senate page Jack Anderson.

     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 twentieth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Arnold M. Brown, Chair

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


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 141 and finds the same correctly enrolled.

Also MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 1, 50, and 88 were delivered to his Excellency, the Governor, for his approval at 3:18 p.m., February 6, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 187 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 203 and returns the same with the recommendation that said bill be amended as follows:

203ra

     On page 1, line 7 of the printed bill, after " vehicle. " insert "No costs or fees may be charged or assessed against a foster parent as a result of a foster child in their care being adjudicated under §  26-8B-6 or 26-8C-7."

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1075 and returns the same with the recommendation that said bill be amended as follows:

1075rc

     On page 1, line 10 of the House Judiciary Committee engrossed bill, delete " in the absence " .
     On page 1 , line 11, delete " of a circuit court judge, " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1077 and returns the same with the recommendation that said bill be amended as follows:

1077rc

     On page 3, line 14 of the House Judiciary Committee engrossed bill, delete " tax " and insert " charge ".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill be amended as follows:

1079rb
     On page 2, after line 7 of the House Judiciary Committee engrossed bill, insert:

    "However, no transfer to the juvenile's county of residence may occur unless the state's attorney of the juvenile's county of residence affirmatively consents to the transfer."


     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

1060rc

     On page 1, line 12 of the House Judiciary Committee engrossed bill, after " game " insert " bird ".

     On page 2 , line 4, after " game " insert " bird ".

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

Respectfully submitted,
Fred C. Whiting, Chair
Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 175 and returns the same with the recommendation that said bill be amended as follows:

175fa

     On page 1, after line 11 of the printed bill, insert:

    "Section 2. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     There are specifically exempted from the provisions of this chapter and from the computation of the tax imposed by it, the gross receipts from employee services provided by an agricultural cooperative to a company, if the agricultural cooperative owns at least twenty-five percent of such company."

175fta

     On page 1, line 2 of the printed bill, after " entity " insert "and certain employee services provided by an agricultural cooperative".

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

209fa

     On page 2, line 7 of the printed bill, delete " or " and insert " . "

     On page 2 , delete line 8 .

     On page 2 , line 17, delete " new " .

     On page 2 , line 23, delete " when the equipment and machinery " .

     On page 2 , delete line 24 , and insert "after six months."

     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 166 and 171 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Dick Hainje, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 141 which has passed the House without change.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1116, 1134, 1265, and 1297 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. McIntyre moved that the Committee on Judiciary be instructed to deliver SB 142 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion prevailed.

     SCR 9   Introduced by:  Senators Madden, Albers, Apa, Brosz, Brown (Arnold), Daugaard, Diedrich (Larry), Diedtrich (Elmer), Drake, Everist, Greenfield, Hainje, Ham, Hutmacher, Kleven, Koetzle, Koskan, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Sutton (Dan), Vitter, and Whiting and Representatives Eccarius, Abdallah, Bartling, Begalka, Broderick, Brown (Jarvis), Burg, Clark, Davis, Duenwald, Duniphan, Flowers, Frost, Fryslie, Garnos, Hansen (Tom), Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jensen, Juhnke, Klaudt, Koistinen, Konold, Kooistra, Lintz, Madsen, McCoy, Monroe, Murschel, Nachtigal, Napoli, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pitts, Pummel, Rhoden, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Van Etten, Van Gerpen, and Wick

         A CONCURRENT RESOLUTION,  Expressing support for the electoral college.
     WHEREAS,  the United States of America, being framed a constitutional republic by the thirteen original independent states, conducts its government under the authority of a constitution and bill of rights; and

     WHEREAS,  the United States Constitution separates government powers into a Congress composed of a Senate and House of Representatives, a Supreme Court, a President, and the independent states which together make up the United States of America; and

     WHEREAS,  Article II of the Constitution establishes that, in all presidential elections, each state's vote for President is recognized through the state's electors, who cast their vote for the candidate winning the state's popular vote; and

     WHEREAS,  this constitutional system of electing the President has been successful for over two hundred years; and

     WHEREAS,  many, based on the 2000 presidential election in which one candidate won the popular vote and the other won the electoral college vote as a reason, are calling for a constitutional amendment to abolish the electoral college, replacing it with a simple majority vote of the total United States population, states' boundaries and rights being disregarded; and

     WHEREAS,  such a system would essentially disenfranchise the vote of small and rural states and also serve to disestablish the constitutional republic as it has existed since its framing:

     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 State of South Dakota opposes any effort to amend the United States Constitution to abolish the electoral college system which has served the states and nation so very well since the establishment of the Constitution; and

     BE IT FURTHER RESOLVED,  that in all presidential elections, the South Dakota presidential electors shall vote only for the presidential candidate who wins the state's popular vote.

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

     Sen. Madden moved that the Senate do concur in House amendments to SB 2.

     Sen. de Hueck moved as a substitute motion that the Senate do not concur in House amendments to SB 2 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Daugaard, Madden, and Duxbury.


HONORED GUESTS


     The President introduced the following 1999-2000 South Dakota Outstanding School Administrators: Dr. Joseph Gertsema, School Superintendents Association, Yankton School District; Anja Hoekman, School Elementary Principals Association, Sioux Falls School District; and Terry Nebelsick, School Secondary Principals Association, Huron School District.

    They were escorted to the rostrum by Sens. Everist, Moore, and Volesky.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on SB 22 as found on page 369 of the Senate Journal ; also

     Transportation on SB 119 as found on page 367 of the Senate Journal ; also

     Agriculture and Natural Resources on SB 190 as found on page 378 of the Senate Journal ; also

     Agriculture and Natural Resources on HB 1005 as found on page 378 of the Senate Journal ; also

     Agriculture and Natural Resources on HB 1062 as found on page 379 of the Senate Journal ; also

     Agriculture and Natural Resources on HCR 1003 as found on page 379 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 185:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the assets allowed in the determination of the financial condition of an insurer.

     Was read the second time.

     The question being "Shall SB 185 pass?"

     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; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Staggers; Sutton (Dan); Symens; Vitter; Whiting

     Excused:
Hagen; Reedy; Volesky

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

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

     The question being "Shall SB 123 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; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Kleven; 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 25:   FOR AN ACT ENTITLED, An Act to   require the use of safety seat belts by passenger vehicle occupants under eighteen years of age.

     Was read the second time.

25ob

     Sen. Hutmacher moved that SB 25 be further amended as follows:

     On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 32-38-1 be amended to read as follows:

     32-38-1.   Except as provided in chapter 32-37 and §   32-38-3, every any operator and front seat any passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen fourteen years of age. Any violation of this section is not a moving traffic offense under the provisions of §   32-12-49.1. A violation of this section is a petty offense.

     Section 2. That § 32-38-5 be repealed.

     32-38-5.   Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense. "


     Which motion prevailed.

     The question being "Shall SB 25 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent 0

     Yeas:
Brosz; Brown (Arnold); Daugaard; Dennert; Duxbury; Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Albers; Apa; Bogue; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Koskan; Madden; Moore; Putnam; Staggers

     Excused:
Hagen

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


     The question being on the title.

     Sen. Hutmacher moved that the title to SB 25 be amended as follows:

     On page 1, line 2 of the Senate State Affairs Committee engrossed bill, delete " under eighteen years of age " .

    Which motion prevailed.

     Sen. de Hueck announced her intention to reconsider the vote by which SB 25 passed.

     SB 154:   FOR AN ACT ENTITLED, An Act to   define the practice of law and to increase the penalty for practicing without a license.

     Was read the second time.

     Sen. Bogue moved that SB 154 be deferred to Thursday, February 8, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 155:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the termination of life estates and joint tenancies.

     Was read the second time.

     The question being "Shall SB 155 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.


      SB 172:   FOR AN ACT ENTITLED, An Act to   authorize additional off-sale retail liquor licenses in certain municipalities.

     Was read the second time.

172ta

     Sen. Moore moved that SB 172 be amended as follows:

     On page 1, line 13 of the printed bill, after " held. " insert " Any licensee under § 35-4-2(3) shall sell its alcoholic beverages, other than malt beverages, in an area in which persons under the age of twenty-one are not allowed and which is separated by a physical barrier from the rest of the establishment. "

     Sen. Hutmacher requested that Joint Rule 5-17 be invoked on SB 172.

     Which request was supported and SB 172 with Sen. Moore's pending motion to amend was deferred until Friday, February 9, the 23rd legislative day.

     SB 181:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to underinsured motorist coverage limits.

     Was read the second time.

     The question being "Shall SB 181 pass?"

     And the roll being called:

     Yeas 20, Nays 13, Excused 2, Absent 0

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

     Nays:
Albers; Apa; Bogue; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Hutmacher; Koskan; Olson (Ed); Reedy; Staggers; Vitter

     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.

     SB 221:   FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 221 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; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; Olson (Ed)

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

     Was read the second time.

     The question being "Shall SB 223 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.

     SB 224:   FOR AN ACT ENTITLED, An Act to   make an appropriation to help fund the memorials for persons awarded the Congressional Medal of Honor and for a fiftieth anniversary ceremony of the Korean War and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 224 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.

     SB 245:   FOR AN ACT ENTITLED, An Act to   create a health care access and preservation trust fund and to provide that earnings from the fund be used for certain health care purposes.

     Was read the second time.

245ha

     Sen. Arnold Brown moved that SB 245 be further amended as follows:

     On page 1, line 12 of the Senate Health and Human Services Committee engrossed bill, after " Legislature " insert " for fiscal year 2002 ".

     Which motion prevailed.

245oa

     Sen. Dennert moved that SB 245 be further amended as follows:

     On page 1, line 13 of the Senate Health and Human Services Committee engrossed bill, delete " three-fifths " and insert " two-thirds ".

     Which motion prevailed.
245ja

     Sen. Hainje moved that SB 245 be further amended as follows:

     On page 1, line 12 of the Senate Health and Human Services Committee engrossed bill, delete " and " and insert " , ".

     On page 1 , line 13, after " program " insert " , and the purchase of public access defibrillation equipment ".

     Sen. Drake moved that SB 245 and Sen. Hainje's pending motion to amend be placed to follow SB 250 on today's calendar.

     Which motion prevailed.

     SB 250:   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 second time.

250ra

     Sen. Moore moved that SB 250 be further amended as follows:

     On page 1, line 5 of the Senate Judiciary Committee engrossed bill, delete " accepts, " .

     On page 1 , line 8, delete " Class 6 felony " and insert "Class 1 misdemeanor".

     Which motion prevailed.

     Sen. Koskan moved that SB 250 be further amended as follows:

    On page 1, line 5 of the Senate Judiciary Committee engrossed bill, delete "borrows,".

     Sen. Hutmacher moved the previous question.

     Which motion prevailed.

     The question being on Sen. Koskan's motion that SB 250 be further amended.

     Which motion lost.

     The question being "Shall SB 250 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Koskan

     Excused:
Brown (Arnold); 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 245:   FOR AN ACT ENTITLED, An Act to   create a health care access and preservation trust fund and to provide that earnings from the fund be used for certain health care purposes.

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

     The question being on Sen. Hainje's pending motion to further amend SB 245.

     Sen. Everist moved that SB 245 and Sen. Hainje's pending motion be deferred to Thursday, February 8, the 22nd legislative day.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1116:   FOR AN ACT ENTITLED, An Act to   require that certain vehicles and equipment used for construction be registered.

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

     HB 1134:   FOR AN ACT ENTITLED, An Act to   establish license requirements for well pump installers and well repairers.

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

     HB 1265:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the payment of restitution by a defendant.

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

     HB 1297:   FOR AN ACT ENTITLED, An Act to   transfer funds from the South Dakota Public Utilities Commission gross receipts tax fund for home heating assistance funding, to make an appropriation therefor, and to declare an emergency.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1021:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding liability for violations regarding plant quarantines and to establish certain fees for inspections and issuances of certificates for the movement of plants and plant products.

     Was read the second time.

     The question being "Shall HB 1021 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, Absent 0

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

     Nays:
Staggers

     Excused:
Drake; 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.

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

     Was read the second time.

     The question being "Shall HB 1046 pass as amended?"

     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; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Apa; Staggers

     Excused:
Hagen; Putnam

     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.

     There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS


February 7, 2001

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 18, 34, 35, 36, and 37, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

     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 142, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

142ma

     On page 2, line 1 of the printed bill, delete " by subpoena " .

     On page 2 , line 2, after " facility " insert ", and record electronically, photographically, or by other appropriate means conditions in the facility".

     On page 2 , line 3, delete " Subpoena any person " and insert "Compel any public employee, or request any other person,".

     On page 2 , after line 7, insert:

    "(6)    Initiate informal proceedings with juvenile corrections facilities and programs;

    (7)    Negotiate and mediate an appropriate resolution of any issue or complaint;

    (8)    Commence litigation seeking equitable relief on behalf of any juvenile or class of juveniles under Department of Corrections supervision;

    (9)    Report conditions or actions that rise to the level of criminal child abuse to the states attorney of the county in which those conditions or actions occurred;".


     On page 2 , line 8, delete " (6) " and insert "(10)".

     On page 2 , line 9, delete " (7) " and insert "(11)".

     On page 2 , line 17, delete " Notwithstanding section 5 " and insert "Notwithstanding section 4".

     On page 3 , line 12, delete " shall " and insert "may".

     And that as so amended said bill do not pass.

Respectfully submitted,
Fred C. Whiting, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Konold, Solum, and Mel Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 2.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has approved HB 1030 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 356 of the House Journal.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on HB 1030.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

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

     HB 1001: FOR AN ACT ENTITLED, An Act to  revise certain sales and use tax provisions.

     HB 1047: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding leased or rented boats, to revise certain provisions regarding boat license tags, and to revise certain provisions regarding the exemptions from the excise tax on boats.

     HB 1059: FOR AN ACT ENTITLED, An Act to  continue a surcharge on certain hunting licenses and to continuously appropriate the money for certain purposes.

     HB 1069: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to school consolidation.

     And signed the same in the presence of the Senate.

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

Patricia Adam, Secretary