JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 8, 2001

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

     The prayer was offered by the Chaplain, Craig Petrick, followed by the Pledge of Allegiance led by Senate page Aleshia Moe.

     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 twenty-first 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.
CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1030 as found on page 356 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1030 be approved?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
    Hagen

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

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 James Abbott, Clay County, Vermillion, 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.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 103 and finds the same correctly enrolled.

Also MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 141 was delivered to his Excellency, the Governor, for his approval at 9:33 a.m., February 8, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 102 and returns the same with the recommendation that said bill be amended as follows:

102oa

     On page 2 of the printed bill, remove the overstrikes from lines 4 to 6 , inclusive.

     On page 2 , line 6, after " year " insert " and who are not exempt from the Federal Fair Labor Standards Act as amended to January 1, 2001 ".

102ota

     On page 1, line 1 of the printed bill, delete everything after " to " and insert "revise certain provisions regarding the eligibility of Board of Regents' employees".

     And that as so amended said bill do pass and be referred to the Committee on Appropriations.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 212 and returns the same with the recommendation that said bill be amended as follows:


212oa

     On page 1, line 8 of the printed bill, remove the overstrikes from " fifty " .

     On page 1 , line 9, delete " twenty-five " .

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

252oa

     On page 2, line 23 of the printed bill, remove the overstrikes from " a qualified paleontologist " .

     On page 2 , line 23, before " the " insert " and ".

252ob

     On page 2, line 17 of the printed bill, remove the overstrikes from " after consultation " .

     On page 2 , line 17, delete " who may consult " .

     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  232 and tabled the same.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  213 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Barbara Everist, Chair

 Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 114 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 211 and returns the same with the recommendation that said bill be amended as follows:

211fa

     On page 1, line 7 of the printed bill, after " attach any " insert "unauthorized".

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

     On page 2 , after line 2, insert:

    "Section 3. The Transportation Commission may adopt rules, pursuant to chapter 1-26, to authorize the placement or maintenance of signs, other than official traffic control signs, within state highway right-of-way. The rules may include the following:

             (1)    Organization qualifying criteria;
             (2)    Application procedures;
             (3)    Size, spacing, and location within or over the right-of-way;
             (4)    Type of construction materials that can be used; and
             (5)    Erection, duration, and removal requirements.

     The Transportation Commission may not promulgate rules pursuant to this section to authorize any commercial advertising within or over state highway right-of-way or to authorize any sign that is not otherwise authorized by law on or over interstate highway right-of-way.

     Section 4. The governing body of the local government exercising jurisdiction over public highway right-of-way may, by resolution or ordinance, authorize the placement and maintenance of signs for special events or activities for a limited period of time on or over the right-of-way under its control.

     Section 5. The Department of Game, Fish and Parks or its designee may mark or sign a state snowmobile trail within any public right-of-way or public land. The Department of Game, Fish and Parks may place signs within any public right-of-way providing directions to a state owned or managed public use area."


211ja

     On page 2, after line 2 of the printed bill, insert:
    "Section 6. That chapter 31-28 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in this chapter may be deemed to limit or encroach upon the practice and activity of a professional licensed pursuant to chapter 36-18A, performing his or her professional duties."

211ob
     On page 2, after line 2 of the printed bill, insert:

    "Section 7. That chapter 31-28 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in this chapter may be deemed to limit or encroach upon the activity of a utility company in the conduct of its business."

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

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     On page 1 of the printed bill, delete lines 5 to 15 , inclusive.

     On page 2 , delete lines 1 to 5 , inclusive.

144fta

     On page 1, line 1 of the printed bill, delete everything after " to " and insert "require any person who tampers or interferes with certain highway markers, signs, or control devices to be liable for damages."

     On page 1 , delete lines 2 and 3 .

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

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 133 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Drue J. Vitter, Chair
Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1170 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 210 and returns the same with the recommendation that said bill be amended as follows:

210ta

     On page 2, line 10 of the printed bill, delete " provided by South Dakota Pork Producers Council " and insert "submitted to the secretary by the pork producers of the state".

210tb

     On page 4, line 14 of the printed bill, delete " sixty " and insert "ninety".

     And that as so amended said bill do pass.

Respectfully submitted,
Larry Diedrich, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SCR 4 in which the House has concurred.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 103 which has passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1095.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1106, 1114, 1122, 1140, 1166, 1177, 1191, 1225, 1257, 1266, and 1276 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR 2:   A CONCURRENT RESOLUTION,   Urging the federal government to authorize and fund long-term health care on Indian reservations.

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

     Sen. Albers moved that SCR 2 be deferred to Friday, February 16, the 28th legislative day.

     Which motion prevailed.

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

     No member moved to reconsider the vote by which SB 25 passed.

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

    Was read the second time.

c1003tb

     Sen. Symens moved that HCR 1003 be further amended as follows:

     On page 2, line 5 of the Senate Agriculture and Natural Resources Committee engrossed resolution, delete " must " and insert "should".

     Which motion prevailed.

     Sen. Larry Diedrich moved that HCR 1003 as found on page 195 of the House Journal and amended on page 379 of the Senate Journal be concurred in as amended.

     The question being on Sen. Diedrich's motion that HCR 1003 be concurred in as amended.

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Apa; Koetzle; Koskan

     Excused:
Hagen

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in as amended.

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 1:00 p.m., on Friday, February 9, the 23rd legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Taxation on SB 175 as found on page 390 of the Senate Journal ; also

     Judiciary on SB 203 as found on page 388 of the Senate Journal ; also

     Taxation on SB 209 as found on page 390 of the Senate Journal ; also

     Judiciary on HB 1075 as found on page 388 of the Senate Journal ; also

     Judiciary on HB 1077 as found on page 389 of the Senate Journal ; also

     Judiciary on HB 1079 as found on page 389 of the Senate Journal ; also

     Judiciary on HB 1060 as found on page 389 of the Senate Journal ; also

     Judiciary on SB 142 as found on page 404 of the Senate Journal be adopted.


     Which motion prevailed and the reports were adopted.

     Sen. McIntyre moved that the word "not" be stricken from the report of the Committee on Judiciary on SB 142 as found on page 404 of the Senate Journal and that SB 142 be placed on today's calendar.

     The question being on Sen. McIntyre's motion that the word "not" be stricken from the report of the Committee on Judiciary on SB 142 and that SB 142 be placed on today's calendar.

     And the roll being called:

     Yeas 13, Nays 21, Excused 1, Absent 0

     Yeas:
Apa; de Hueck; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Staggers; Sutton (Dan); Symens; Volesky

     Nays:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Vitter; Whiting

     Excused:
Hagen

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


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

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

154oa

     Sen. Bogue moved that SB 154 be further amended as follows:

     On page 1 of the Senate Judiciary Committee engrossed bill, delete lines 11 to 14 , inclusive.

     Delete pages 2 and 3 .

     Which motion prevailed.

     The question being "Shall SB 154 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 7, Excused 2, Absent 0

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

     Nays:
Apa; Drake; Greenfield; Kleven; Koskan; Staggers; Vitter

     Excused:
Hagen; Olson (Ed)

     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. Bogue moved that the title to SB 154 be amended as follows:

     On page 1, line 1 of the Senate Judiciary Committee engrossed bill, delete " to define the practice of law and " .

     On page 1 , line 2, after " practicing " insert "law".

     Which motion prevailed.

     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 now being on Sen. Hainje's pending motion that SB 245 be further amended as found on page 400 of the Senate Journal.

     Which motion prevailed.

     The question being "Shall SB 245 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 22:   FOR AN ACT ENTITLED, An Act to   allow for the additional public distribution of sex offender information.

     Was read the second time.

     Sen. Whiting moved that SB 22 be placed to follow HB 1062 on today's calendar.

     Which motion prevailed.

     SB 119:   FOR AN ACT ENTITLED, An Act to   require certain vehicle loads to be covered.

     Was read the second time.

     The question being "Shall SB 119 pass as amended?"

     And the roll being called:

     Yeas 9, Nays 23, Excused 3, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; Madden; Putnam; Vitter; Volesky; Whiting

     Nays:
Apa; Bogue; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Greenfield; Ham; Hutmacher; Kleven; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens

     Excused:
Everist; Hagen; Hainje

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

     SB 187:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to comparative negligence.

     Was read the second time.

     Sen. Everist moved that SB 187 be deferred to Friday, February 9, the 23rd legislative day.

     Which motion prevailed.

     SB 190:   FOR AN ACT ENTITLED, An Act to   provide for an early pheasant season for resident hunters.

     Was read the second time.

     The question being "Shall SB 190 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 15, Excused 2, Absent 0

     Yeas:
Apa; Brown (Arnold); de Hueck; Duxbury; Everist; Ham; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Munson; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

     Nays:
Albers; Bogue; Brosz; Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Koskan; Madden; McCracken; Olson (Ed); Putnam; Whiting

     Excused:
Hagen; Hainje

     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.

     Sen. Koskan announced his intention to reconsider the vote by which SB 190 passed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1106:   FOR AN ACT ENTITLED, An Act to   revise the classes of investments available for state funds.


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

     HB 1114:   FOR AN ACT ENTITLED, An Act to   revise certain voting and participation requirements related to bond issues involving two or more political subdivisions.

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

     HB 1122:   FOR AN ACT ENTITLED, An Act to   modify the time required for a temporary custody hearing to be held in certain juvenile legal proceedings.

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

     HB 1140:   FOR AN ACT ENTITLED, An Act to   require farm mutual insurers to comply with insurance fraud provisions.

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

     HB 1166:   FOR AN ACT ENTITLED, An Act to   prohibit local regulation of certain motor vehicle exhaust brake systems.

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

     HB 1177:   FOR AN ACT ENTITLED, An Act to   revise when certain assessments have to be paid before an assessment may be appealed.

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

     HB 1191:   FOR AN ACT ENTITLED, An Act to   revise and clarify who may carry a firearm on a motorcycle or off-road vehicle.

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

     HB 1225:   FOR AN ACT ENTITLED, An Act to   clarify the courts in which garnishment proceedings may be pursued.

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

     HB 1257:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reimbursement of attorney fees by certain indigent defendants.


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

     HB 1266:   FOR AN ACT ENTITLED, An Act to   allow a day started late due to inclement weather to constitute a full school day.

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

     HB 1276:   FOR AN ACT ENTITLED, An Act to   require historical or educational municipal corporations to maintain its property.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


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

     Was read the second time.

     The question being "Shall HB 1005 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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

     Nays:
Albers

     Excused:
Hagen; Hainje; Ham

     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 1062:   FOR AN ACT ENTITLED, An Act to   revise the requirement that holders of a license issued by the Department of Game, Fish and Parks exhibit the license or authorization

on request and to require that certain persons also exhibit certain forms of identification to law enforcement officers.

     Was read the second time.

     The question being "Shall HB 1062 pass as amended?"

     And the roll being called:

     Yeas 16, Nays 16, Excused 3, Absent 0

     Yeas:
Apa; Bogue; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Hutmacher; McCracken; Munson; Olson (Ed); Putnam; Staggers

     Nays:
Albers; Brosz; Duxbury; Greenfield; Kleven; Koetzle; Koskan; Madden; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; Hainje; Ham

    The Senators being equally divided the President voted "Nay".

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

     Sen. Larry Diedrich announced his intention to reconsider the vote by which HB 1062 lost.

     There being no objection, the Senate reverted to Order of Business No. 12.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 22:   FOR AN ACT ENTITLED, An Act to   allow for the additional public distribution of sex offender information.

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

22ta

     Sen. Whiting moved that SB 22 be further amended as follows:
     On page 2, line 4 of the Senate Judiciary Committee engrossed bill, after " available. " insert "Further, no sex offender whose sentence has been finally discharged for more than fifteen years may be placed on the internet."

     Which motion prevailed.

     The question being "Shall SB 22 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent 0

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

     Nays:
Drake; Duxbury; Ham

     Excused:
Dennert; Hagen; Hainje

     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 HB  1083 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  143 and 173 and HB 1033, 1034, and 1093 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 168 and returns the same with the recommendation that said bill be amended as follows:

168ja

     On page 1, line 5 of the printed bill, overstrike " one " and insert " three ".

     On page 1 , line 6, overstrike " license for a resort facility constructed after July 1, 1997 " and insert " licenses ".

     On page 1 , line 10, delete " The resort " .

     On page 1 , delete line 11 .

     On page 1 , line 12, delete " facility exceeds two million dollars. "

     On page 2 , line 1, after " licensee. " insert " This section applies to any resort facility constructed after July 1, 1997. "

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     On page 1, line 8 of the printed bill, after " persons " insert " at the time the license is initially issued ".

     And that as so amended 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  180 which was deferred to the 41st Legislative Day.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 14 and returns the same with the recommendation that said bill be amended as follows:

14ca

     On page 2, line 22 of the printed bill, overstrike " § §  13-37-36 and 13-37-43 " and insert " §  13-37-36.3".
     On page 3 , after line 24, insert:

    "Section 9. Students who serve in accredited elementary or secondary schools in areas of critical need shall receive loan repayment credit at the rate of one semester of loan forgiveness per full year of service."


14cd

     On page 1, line 11 of the printed bill, delete " participating state university under the control of the " and insert "postsecondary school in South Dakota".

     On page 1 , line 12, delete " board " .

     And that as so amended said bill do pass and refer to Committee on Appropriations.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 146 and returns the same with the recommendation that said bill be amended as follows:

146da

     On page 1, line 9 of the printed bill, after " minutes " insert "after a public hearing".

     On page 1 , line 14, delete " Any person " and insert "The school board".

     On page 1 , line 15, delete " who does not implement the recommendations " and insert "shall do so in a timely manner."

     On page 2 , delete line 1 .

     On page 2 , line 3, delete " 1960 " and insert "1950".

     On page 2 , line 3, after " licensed " insert "state".

     On page 2 , line 4, delete " 2001 " and insert "2002".

     On page 2 , line 6, after " minutes " insert "after a public hearing. The results of the inspection shall be filed with the Department of Education and Cultural Affairs".

146dta

     On page 1, line 2 of the printed bill, delete " , to provide for certain penalties, " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 160 and returns the same with the recommendation that said bill be amended as follows:

160cc

     On page 1, after line 10 of the printed bill, insert:

    "The provisions of this section do not apply to a religious institution that offers credit or degree solely for the purpose of conferring status or authority within that religion."


     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 234 and returns the same with the recommendation that said bill be amended as follows:

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     On page 1, line 13 of the printed bill, delete " during the 1998-1999 " and insert " during the 1998-1999 in the spring of the ".

     On page 2 , line 8, after " discuss " insert ", develop, and make recommendations concerning".

     On page 2 , line 11, delete " Three teachers " and insert "Two teachers and one counselor".

     On page 2 , line 12, delete " Two school board members " and insert "One school board member".

     On page 2 , line 13, delete " One school administrator " and insert "Two school administrators".

234tc

     On page 2, line 1 of the printed bill, after " standards. " insert " The requirements of this section pertaining to criterion-referenced tests to be administered to students in grades three, six, and ten do not apply to students who are receiving alternative instruction pursuant to § 13-27-3. "

     And that as so amended said bill do pass.

Respectfully submitted,
Don Brosz, Chair

SIGNING OF BILLS


     The President publicly read the title to

     SB 103: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the confidentiality of lottery records.

     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.

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

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

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

     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.

     And signed the same in the presence of the Senate.

     Sen. Apa moved that the Senate do now adjourn, which motion prevailed and at 4:07 p.m. the Senate adjourned.

Patricia Adam, Secretary