JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



TWENTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 15, 2001

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

     The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge of Allegiance led by Senate page Mary Kurtz.

     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-sixth 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 2 and finds the same correctly enrolled.

Also MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 29, 80, 105, and 155 were delivered to his Excellency, the Governor, for his approval at 9:10 a.m., February 15, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  192 and 242 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 239 and returns the same with the recommendation that said bill be amended as follows:

239oa

     On page 1, line 10 of the printed bill, delete everything after " Dakota's " and insert "universities, colleges, or technical schools."

     On page 1 , delete line 15 , and insert:

    "(3)        Attend one of the accredited universities, colleges, or technical institutes located in South Dakota;".


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

240oa

     On page 1, line 4 of the printed bill, delete everything after " hereby " and insert "transferred from the tobacco settlement interest fund to the general fund to be commingled with amounts on deposit therein".

     On page 1 , line 5, delete " fund " .

     On page 1 , line 5, after " , " insert "and an equal amount".

     On page 1 , line 6, after " , " insert "is hereby appropriated from the general fund".

     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  196 and 241 and tabled the same.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR  1 and SB 249 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1070 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1112, 1113, 1123, and 1149 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 Education respectfully reports that it has had under consideration SB 153 and returns the same with the recommendation that said bill be amended as follows:

153ca

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

    "Section 1. That chapter 13-8 be amended by adding thereto a NEW SECTION to read as follows:

     Only a person with a valid South Dakota certificate pursuant to chapter 13-42 may be employed in an administrative capacity, acting as a superintendent or principal. The professional practices commission regulating the profession for which the person is certified shall have the authority to reprimand or to recommend a disciplinary action against a person employed under this section, regardless of the person's assigned position."

153cta

     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "require school districts to employ certified personnel in administrative positions."

     On page 1 , delete line 2 .

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

220ca

     On page 2, after line 14 of the printed bill, insert:

    "Section 2. If a person is adjudicated, convicted, or the subject of a suspended imposition of sentence for distribution of controlled substances or marijuana, the person's suspension may not be reduced according to the provisions of this Act."


     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  71, which was reconsidered, and returns the same without recommendation.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  134 and tabled the same.

Respectfully submitted,
Don Brosz, Chair

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1116 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 HB 1249 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 1019 and 1020 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1072 and returns the same with the recommendation that said bill be amended as follows:

1072tb

     On page 1, line 10 of the House Agriculture and Natural Resources Committee engrossed bill, after " buffalo, " insert " swine, ".

     And that as so amended said bill do pass.

Respectfully submitted,
Larry Diedrich, Chair

 Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1134 and 1205 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 HB  1039, 1094, 1103, 1148, and 1224 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 HB 1043 and returns the same with the recommendation that said bill be amended as follows:

1043ja

     On page 1, line 5 of the House Commerce Committee engrossed bill, delete " appropriate county " and insert "affected board of county commissioners".

     On page 1 , line 6, delete " commission " .

     On page 1 , after line 8, insert:

    "Section 2. That § 7-8-20 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     To prohibit or restrict open burning, after consultation with local fire officials and law enforcement officials, in order to protect the public health and safety."

1043jta

     On page 1, line 1 of the House Commerce Committee engrossed bill, after " authorize " insert "county commissioners and".

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

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 60, 118, and 176 and returns the same with the recommendation that said bills do pass.


Also MADAM PRESIDENT:

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

14da

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

    "Section 1. Any student who attends a South Dakota public university who agrees to teach in a South Dakota public school district for a period of four years, beginning with the school year following the year in which the student graduates from a South Dakota public university is eligible for reimbursement of tuition and fees paid for the last two full years, not to exceed the tuition and fees for sixty-four semester-hours.

     Section 2. An eligible student may apply to the Board of Regents for reimbursement as provided for in section 1 of this Act after the eligible student has graduated from a South Dakota public university.

     Section 3. If an eligible student fails to meet the terms of the agreement provided for in section 1 of this Act, the student is required to repay any money received under the provisions of this Act, plus any interest and penalty as may be determined by the Board of Regents, provided that the repayment plus interest and penalty may not exceed the twice the amount of money received.

     Section 4. The Board of Regents may promulgate rules pursuant to chapter 1-26 to implement the provisions of this Act.

     Section 5. There is hereby appropriated out of any money in the general fund the sum of three million eight hundred thousand dollars ($3,800,000) to the Board of Regents to make reimbursements as provided for in this Act.

     Section 6. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 7. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2002, shall revert in accordance with §  4-8-21."


14ba

     In the previously adopted amendment (14da) in the first sentence of Section 1, after "Any" insert "undergraduate". Also in Section 1, after "reimbursement" insert "grants".

     In Section 5 of the previously adopted amendment (14da), delete "reimbursements" and insert "reimbursement grants and administrative costs".

14bb

     In the previously adopted amendment (14ba), in Section 5, after "grants" delete "and administrative costs".

14dta

     On page 1, line 1 of the Senate Education Committee engrossed bill, delete everything after " to " and insert "provide for reimbursement of tuition and fees to certain students and to make an appropriation therefor."

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 51 and returns the same with the recommendation that said bill be amended as follows:

51ma

     On page 1, line 9 of the printed bill, after " inclusive. " insert "The South Dakota-bred racing fund shall allocate fifty thousand dollars ($50,000) to the Aberdeen horse racing track for center rail replacement and track maintenance and repair. The South Dakota-bred racing fund shall allocate fifteen thousand dollars ($15,000) to the Fort Pierre horse racing track for maintenance and repair."

51re

    That the previously adopted amendment (51ma) be rescinded.

     On page 1, line 9 of the printed bill, after " inclusive. " insert "The commission shall allocate and disperse on the effective date of this Act fifty thousand dollars ($50,000) from the South Dakota-bred racing fund to the Aberdeen horse racing track for center rail replacement and track maintenance and repair. The commission shall allocate and disperse on the effective date of this Act fifteen thousand dollars ($15,000) from the South Dakota-bred racing fund to the Fort Pierre horse racing track for maintenance and repair."

51rc

     On page 1, line 5 of the printed bill, delete " The " and insert "The Commission on Gaming shall, on or about December 31, 2001, and annually thereafter, unless sufficient revenue is not received by the funds, allocate the first two hundred fifty thousand dollars from the special racing revolving fund and the first two hundred fifty thousand dollars from the South Dakota- bred racing fund to licensees, licensed by the commission to conduct live horse racing under §  42-7-68 for the purposes of providing compensation to South Dakota bred horses and for

purse supplements or racing operations, unless such licenses do not conduct a total of fourteen live horse racing days. If either such licensee conducts fewer live horse racing days than such licensee conducted in 2001, such allocation shall be reduced proportionately. Such annual allocations shall be increased annually by an index factor which shall be the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less. Thereafter, the".


51rta

     On page 1, line 1 of the printed bill, after " Act " insert "to provide for the distribution of certain funds from the special revolving fund and the South Dakota-bred racing fund to promote South Dakota horse racing,".

     On page 1 , line 3, after " programs " insert ",".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 132 and returns the same without recommendation.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 131, 158, and 238 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Drake, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1013 which has been adopted by the House and your concurrence is respectfully requested.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1014, 1016, 1139, 1181, 1194, 1241, 1247, and 1277 which have passed the House and your favorable consideration is respectfully requested.


Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1060 and 1077.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Yesterday, Sen. Bogue announced his intention to reconsider the vote by which SB 187 lost.

     Sen. Bogue moved that the Senate do now reconsider the vote by which SB 187 lost.

     The question being on Sen. Bogue's motion to reconsider the vote by which SB 187 lost.

     And the roll being called:

     Yeas 18, Nays 15, Excused 2, Absent 0

     Yeas:
Bogue; Brown (Arnold); de Hueck; Dennert; Drake; Duxbury; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Olson (Ed); Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Albers; Apa; Daugaard; Diedrich (Larry); Diedtrich (Elmer); Everist; Greenfield; Hainje; Ham; Koskan; Munson; Putnam; Reedy; Staggers; Vitter

     Excused:
Brosz; Hagen

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 187 was up for reconsideration and final passage.

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

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

187jg

     Sen. Bogue moved that SB 187 be amended as follows:
     On page 1, line 8 of the printed bill, delete " slight in comparison with less than " and insert "slight in comparison with".

     On page 2 , after line 2, insert:

    " For the purposes of this section, slight in comparison means that the contributory negligence of the plaintiff was less than forty percent of the total negligence of all parties. Any such determination shall be made by disclosing the percentage of the parties' fault by special interrogatory. The jury shall be instructed on the effects of the allocation of negligence. "


     Sen. Bogue requested a roll call vote.

     Which request was supported.

     The question being on Sen. Bogue's motion that SB 187 be amended.

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Bogue; Daugaard; de Hueck; Dennert; Diedrich (Larry); Duxbury; Everist; Greenfield; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Albers; Apa; Brosz; Brown (Arnold); Diedtrich (Elmer); Drake; Hainje; Koskan; Munson; Reedy; Staggers; Vitter

     Excused:
Hagen

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

     The question being "Shall SB 187 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent 0

     Yeas:
Bogue; de Hueck; Dennert; Duxbury; Everist; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Hainje; Ham; Koskan; Munson; Reedy; Staggers; Vitter

     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.

     Yesterday, Sen. Whiting announced his intention to reconsider the vote by which HB 1154 lost.

     Sen. Whiting moved that the Senate do now reconsider the vote by which HB 1154 lost.

     The question being on Sen. Whiting's motion to reconsider the vote by which HB 1154 lost.

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Drake; Everist; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Moore; Munson; Olson (Ed); Vitter; Whiting

     Nays:
Dennert; Diedrich (Larry); Duxbury; Greenfield; Hutmacher; Koetzle; McIntyre; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Volesky

     Excused:
Hagen

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1154 was up for reconsideration and final passage.

     Sen. Whiting moved that HB 1154 be deferred to Friday, February 16, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on Friday, February 16, the 28th legislative day.

     Which motion prevailed.

     HCR 1013:   A CONCURRENT RESOLUTION,   Expressing support for aviation grade ethanol.

     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

     Taxation on SB 166 as found on page 498 of the Senate Journal ; also

     Health and Human Services on SB 231 as found on page 495 of the Senate Journal ; also

     Local Government on HB 1200 as found on page 497 of the Senate Journal ; also

     Taxation on HB 1216 as found on page 499 of the Senate Journal ; also

     Local Government on HB 1276 as found on page 497 of the Senate Journal ; also

     Appropriations on SB 157 as found on page 511 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Sen. Whiting moved that the word "not" be stricken from the report of the Committee on Appropriations on SB 157 as found on page 510 of the Senate Journal and that SB 157 be placed on the calendar.

     The question being on Sen. Whiting's motion that the word "not" be stricken from the report of the Committee on Appropriations on SB 157 and that SB 157 be placed on the calendar.

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

     Yeas:
Brosz; Daugaard; de Hueck; Dennert; Duxbury; Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting


     Nays:
Albers; Apa; Bogue; Brown (Arnold); Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Koskan; Madden; Putnam; Vitter

     Excused:
Hagen

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the word "not" was stricken from the report on SB 157.

     Sen. Whiting moved that SB 157 be placed on the calendar of Friday, February 16, the 28th legislative day.

     Which motion prevailed and SB 157 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. de Hueck requested that SB 179 be removed from the Consent Calendar.

     HB 1132:   FOR AN ACT ENTITLED, An Act to   require that certain county assessment records be made available to local equalization boards.

     Was read the second time.

     The question being "Shall HB 1132 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Koetzle

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

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

     Was read the second time.

     The question being "Shall HB 1174 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Koetzle

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

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

     Was read the second time.

     The question being "Shall HB 1188 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Koetzle

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

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

     Was read the second time.

     The question being "Shall HB 1225 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Koetzle

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

     HB 1254:   FOR AN ACT ENTITLED, An Act to   revise how the motor vehicle excise tax is applied to certain vehicles.

     Was read the second time.

     The question being "Shall HB 1254 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Koetzle

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 174:   FOR AN ACT ENTITLED, An Act to   provide for a refund of certain taxes attributed to the construction of a new or expanded wind energy generation facilities.

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

     The question being "Shall SB 174 pass?"

     And the roll being called:

     Yeas 17, Nays 16, Excused 2, Absent 0

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

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

     Excused:
Diedrich (Larry); Hagen

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

     Sen. Symens announced his intention to reconsider the vote by which SB 174 lost.

     SB 20:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to dispose of certain structures located at the Agricultural Experiment Station Beef Nutrition and Dairy Units in Brookings County, to construct cattle feed preparation and silage storage facilities at the Beef Nutrition Unit, and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall SB 20 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Diedrich (Larry); Hagen; Koetzle

     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 52:   FOR AN ACT ENTITLED, An Act to   increase an appropriation from the children's trust fund and to repeal a statute that terminates an additional charge for birth records that is deposited in the fund.

     Was read the second time.

     The question being "Shall SB 52 pass?"

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent 0

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

     Nays:
Koskan; Staggers

     Excused:
Diedrich (Larry); Hagen; Koetzle

     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 66:   FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse the counties in Districts 28A and 28B associated with a special primary election conducted on September 12, 2000, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 66 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; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; Hainje; Koetzle

     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 165:   FOR AN ACT ENTITLED, An Act to   provide for incentives for development of certain commercial small power production facilities.

     Was read the second time.

     The question being "Shall SB 165 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Koetzle

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

     Sen. Everist moved that the Senate do now recess until 5:10 p.m., which motion prevailed and at 3:55 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 5:10 p.m., the President presiding.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(continued)

     SB 222:   FOR AN ACT ENTITLED, An Act to   make an appropriation to replenish the special emergency and disaster special revenue fund and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 222 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hagen; Koetzle

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

     SB 225:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to insurance taxes, cash surrender values of insurances policies, and the payment of insurance benefits.

     Was read the second time.

225jd

     Sen. Everist moved that SB 225 be further amended as follows:

     On page 8, after line 2 of the Senate Commerce Committee engrossed bill, insert:

    "Section 8. The amendments in section 1 of this Act are repealed on July 1, 2002."


     Which motion prevailed.

     The question being "Shall SB 225 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent 0

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

     Nays:
Duxbury; Koetzle; Volesky

     Excused:
de Hueck; 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 226:   FOR AN ACT ENTITLED, An Act to   revise and supplement certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the South Dakota Building Authority for the purpose of raising funds for specified purposes, to provide for transfer and sale at any one time or from time to time of a portion of or all future right, title, and interest of the State of South Dakota to certain amounts payable to the state by various tobacco companies under a master settlement agreement in exchange for the deposit of the net proceeds of such sale into the state permanent tobacco settlement development trust fund, and to establish certain funds.

     Was read the second time.

     Sen. Everist moved that SB 226 be deferred to Friday, February 16, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 248:   FOR AN ACT ENTITLED, An Act to   create a higher education savings plan.

     Was read the second time.

     The question being "Shall SB 248 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, 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; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Koskan

     Excused:
de Hueck; Hagen

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

     SB 253:   FOR AN ACT ENTITLED, An Act to   authorize the South Dakota Railroad Authority to acquire certain facilities owned by the Burlington Northern and Santa Fe Railway Company and to declare an emergency.

     Was read the second time.

253ra

     Sen. Symens moved that SB 253 be amended as follows:

     On page 1, line 9 of the printed bill, delete " 115.08 " and insert "118.6".

     Which motion prevailed.

     The question being "Shall SB 253 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1014:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a tennis complex at the University of South Dakota.

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

     HB 1016:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to purchase the Dakota Prairie Playhouse, in Madison, South Dakota, and to make an appropriation therefor.

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

     HB 1139:   FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

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

     HB 1181:   FOR AN ACT ENTITLED, An Act to   place certain restrictions on the excusing of students from school attendance to receive alternative instruction.

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

     HB 1194:   FOR AN ACT ENTITLED, An Act to   increase certain penalties for unlawful use of computers and computer networks.

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

     HB 1241:   FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of stalking to include certain forms of harassing communications.

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

     HB 1247:   FOR AN ACT ENTITLED, An Act to   revise the requirements for volunteer firefighters to become eligible for workers' compensation.

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

     HB 1277:   FOR AN ACT ENTITLED, An Act to   repeal the requirement of a lien against the property of any land which is found to have an underground petroleum tank and to declare an emergency.

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

     Sen. Everist moved that HB 1032, 1114, 1126, 1145, 1166, 1177, 1198, 1223, and 1265 be deferred to Friday, February 16, the 28th legislative day.

     Which motion prevailed and the bills were so deferred.

SIGNING OF BILLS


     The President publicly read the title to

     SB 2: FOR AN ACT ENTITLED, An Act to  prohibit employers from obtaining, seeking, or using genetic information.

     HB 1002: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the waiver of a patient's privilege on communications with a physician or psychotherapist.

     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.

     HB 1025: FOR AN ACT ENTITLED, An Act to  repeal and revise certain mental health provisions pertaining to the state interagency coordinating network council and the local interagency teams.

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

     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.

     HB 1077: FOR AN ACT ENTITLED, An Act to  permit the court to impose certain costs and fees as part of the disposition for a child adjudicated as a child in need of supervision.


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

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

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

     HB 1109: FOR AN ACT ENTITLED, An Act to  permit the detention in an adult jail of certain juveniles convicted as adults.

     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.

     HB 1124: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to township financial reports.

     HB 1170: FOR AN ACT ENTITLED, An Act to  prohibit the tampering with anhydrous ammonia and to provide a penalty for a violation thereof.

     And signed the same in the presence of the Senate.

COMMEMORATIONS


     SC 4   Introduced by:  Senators Brown (Arnold), Brosz, Diedrich (Larry), and Sutton (Dan) and Representatives Pitts and Smidt

         A LEGISLATIVE COMMEMORATION,  Congratulating Kathryn Calmus of Volga for achieving national recognition for exemplary service by receiving a 2001 Prudential Spirit of Community Award.

     WHEREAS,  this prestigious award, presented by Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Kathryn Calmus earned this award by generously giving her time and energy to develop "Forget-Me-Not," an intergenerational program that provides companionship and service to elderly shut-ins and senior citizens through a band of teen volunteers; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depends, in great measure, upon the dedication of young people like Kathryn Calmus who use their considerable talents and resources to serve others:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that Kathryn Calmus be congratulated and honored as a recipient of a Prudential Spirit of Community Award for her outstanding record of volunteer service, peer leadership, and community spirit.

     Sen. McCracken moved that the Senate do now adjourn, which motion prevailed and at 6:15 p.m. the Senate adjourned.

Patricia Adam, Secretary