JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



FOURTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 11, 2002

     The Senate convened at 1:00 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 Ashley Eichstadt.

     Roll Call: All members present except Sens. Hagen, Kleven, and Koetzle who were 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 third 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 State Affairs respectfully reports that it has had under consideration SB 18 and returns the same with the recommendation that said bill be amended as follows:

18oa
     On page 1, line 7 of the printed bill, before " claim " insert " defense or ".

     On page 1 , line 8, delete " claim presents " and insert " pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is ".

     On page 1 , line 10, before " claim " insert " defense or ".

     On page 1 , line 10, after " claim " insert " if it determines that the evidence offered by the proponent of the defense or claim is legally insufficient to sustain the defense or claim ".

     On page 2 , line 9, after " that " insert " the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that ".

     On page 2 , line 12, after " claim " insert " if it determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim ".

     On page 3 , line 2, delete " contested matter presents " and insert " pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is ".

     On page 3 , line 5, after " claim " insert " if it determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim ".

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

38ob
     On page 1,line 7 of the printed bill, delete " June " and insert "July".

     On page 1 , line 13, after " number; " insert "and".

     On page 1 , line 14, delete everything after " addresses " and insert "."
     On page 1 , delete line 15 .

     On page 2 , line 24, delete " December " and insert "January".

     On page 3 , line 7, after " number; " insert "and".

     On page 3 , line 7, delete everything after " addresses " and insert ".".

     On page 3 , delete line 8 .

     On page 3 , line 19, after " number; " insert "and".

     On page 3 , line 20, delete everything after " addresses " and insert ".".
    
     On page 3 , delete line 21 .

     On page 4 , line 6, after " ability " insert "for any emergency agency in this state".

     On page 4 , after line 7, insert:

    "Section 6. That chapter 33-15 be amended by adding thereto a NEW SECTION to read as follows:

     The information provided pursuant to this Act shall remain confidential and may only be used for emergency purposes."

     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 the nomination of Jerome B. Lammers of Lake County, Madison, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Timothy W. Bjorkman of McCook County, Bridgewater, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Barbara Everist, Chair


REPORTS OF JOINT-SELECT COMMITTEES


MADAM PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House and Senate respectfully reports that they recommend that the House of Representatives and Senate recess and convene in the House Chamber at 3:00 p.m. on Thursday, January 17, 2002, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the House of Representatives and Senate.

    A short program will follow the introduction of the Memorial Resolution. At the conclusion of the Memorial Service, the Senate will retire to the Senate Chamber and continue with its regular order of business.

    The Memorial Resolution shall be printed in the House and Senate Journals.

Respectfully submitted,                             Respectfully submitted,
Orville Smidt    Cheryl Madden
Clarence Kooistra    J.E. "Jim" Putnam
Gerald Lange    John Reedy
House Committee    Senate Committee

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 52   Introduced by:  Senators Whiting, Bogue, Daugaard, de Hueck, Koetzle, and Moore and Representatives Brown (Jarvis), Gillespie, and Michels

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the resolution of unperformed acts and the administration of subsequently discovered property of an estate.

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

     SB 53   Introduced by:  Senators Whiting, Bogue, Daugaard, de Hueck, Koetzle, and Moore and Representatives Brown (Jarvis), Gillespie, and Michels

       FOR AN ACT ENTITLED, An Act to   revise certain terms used in the Uniform Probate Code.

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

     SB 54   Introduced by:  Senators Olson (Ed) and Sutton (Dan) and Representatives Holbeck and Olson (Mel)

       FOR AN ACT ENTITLED, An Act to   revise the vote required to authorize a school district bond.

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

     SB 55   Introduced by:  Senator Olson (Ed) and Representatives Olson (Mel) and Sebert

       FOR AN ACT ENTITLED, An Act to   revise the circumstances under which certain financial instruments are presumed abandoned.

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

     SB 56   Introduced by:  Senator Olson (Ed) and Representatives Heineman and Sebert

       FOR AN ACT ENTITLED, An Act to   repeal mandated coverage for prostate cancer screening.

     Was read the first time and referred to the Committee on Health and Human Services.

     Sen. Daugaard moved that the Senate do now adjourn, which motion prevailed and at 1:14 p.m. the Senate adjourned.

Patricia Adam, Secretary