JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



SIXTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 15, 2002

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

     The prayer was offered by the Chaplain, Pastor Ruth Oberg, followed by the Pledge of Allegiance led by Senate page Hilary Van Asperen.

     Roll Call: All members present.

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 fifth 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 APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Jerome K. Howe of Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Jerome K. Howe pursuant to the executive message as found on page 24 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Fred K. Eisenbraun of Pennington County, Rapid City, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Fred K. Eisenbraun pursuant to the executive message as found on page 25 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Whiting

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.


      The Senate proceeded to the consideration of the executive appointment of Judith E. Hines of Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Judith E. Hines pursuant to the executive message as found on page 26 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  6 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 SB  31 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Randy Morris of Lawrence County, Spearfish, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Don Brosz, Chair

 Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  23 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  24, 25, 27, and 28 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 26 and returns the same with the recommendation that said bill be amended as follows:

26ja

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

     On page 2 , line 7, delete " administrative fines " and insert " civil penalties ".

     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 Transportation respectfully reports that it has had under consideration SB 33 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill be amended as follows:

32oa
     On page 1, after line 12 of the printed bill, insert:

    "Section 2. That chapter 50-11 be amended by adding thereto a NEW SECTION to read as follows:

     Any airport employee, airline employee, and any employee of a fixed base operator or a charter service, unless otherwise required by federal law or regulation, shall have in possession while on duty at the airport a state-issued photo identification badge. The Aeronautics Commission shall promulgate rules pursuant to chapter 1-26 specifying display of the badge; indications on the badge regarding the scope of the person's access and movement privileges at an airport; personal information including full name, employer, and identification number; procedures regarding the production, issuance, retrieval, and replacement of badges; and the length of time for which the badge is valid.

     The commission shall, by rules promulgated pursuant to chapter 1-26, establish the fee for a badge. The fee shall be based on the cost to produce the badge but may not exceed ten dollars. Any fee collected shall be deposited into the state aeronautics fund."

32ota

     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "require photo identification for all aeronautics operations, to increase the pilot registration fee, and to declare an emergency."

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Respectfully submitted,
Drue J. Vitter, Chair

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 7 as found on page 50 of the Senate Journal ; also

     Local Government on SB 10 as found on page 53 of the Senate Journal ; also

     Judiciary on SB 19 as found on page 52 of the Senate Journal ; also

     Judiciary on SB 22 as found on page 51 of the Senate Journal ; also

     State Affairs on SB 43 as found on page 51 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 59   Introduced by:  Senators Koetzle, Dennert, Duxbury, Hagen, Hutmacher, McIntyre, Moore, Reedy, Sutton (Dan), Symens, and Volesky and Representatives Flowers, Bartling, Bradford, Burg, Davis, Elliott, Glenski, Hanson (Gary), Hargens, Hundstad, Lange, Nachtigal, Olson (Mel), and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for certain increases in the state minimum wage.

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

     SB 60   Introduced by:  Senators Staggers, Duxbury, Greenfield, Hagen, Madden, Sutton (Dan), and Symens and Representatives Kloucek, Hennies (Don), McCaulley, McCoy, and Monroe

       FOR AN ACT ENTITLED, An Act to   exempt the purchase of books from sales and use tax.

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

     SB 61   Introduced by:  Senators Staggers, de Hueck, Greenfield, Hagen, McIntyre, Munson, Olson (Ed), Sutton (Dan), and Symens and Representatives Kooistra, Garnos, Hennies (Don), Kloucek, McCoy, and Monroe

       FOR AN ACT ENTITLED, An Act to   allow for binding arbitration for school districts and employees under certain circumstances.

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

     SB 62   Introduced by:  Senators Staggers, de Hueck, Greenfield, Hagen, Olson (Ed), Sutton (Dan), and Symens and Representatives Clark, Garnos, Holbeck, Kloucek, and Kooistra

       FOR AN ACT ENTITLED, An Act to   provide that any Board of Regents' employee is eligible for longevity pay.

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

     SB 63   Introduced by:  Senators McIntyre, Daugaard, de Hueck, Hagen, Ham, Hutmacher, Koetzle, McCracken, Moore, Reedy, Sutton (Dan), and Whiting and Representatives Hennies (Thomas), Clark, Frost, Hargens, Hennies (Don), Hunhoff, Jensen, Kooistra, McCoy, Nachtigal, Nesselhuf, and Sigdestad

       FOR AN ACT ENTITLED, An Act to   repeal the restrictions placed on persons who have possessed, used, or distributed controlled substances or marijuana from participation in certain extracurricular activities or financial aid assistance.

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

     SB 64   Introduced by:  Senators Koetzle, Dennert, Duxbury, Hagen, Hutmacher, McIntyre, Moore, Reedy, Sutton (Dan), and Volesky and Representatives Flowers, Bartling, Bradford, Burg, Davis, Elliott, Glenski, Hanson (Gary), Hargens, Hundstad, Lange, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Jim), Sigdestad, and Van Norman

       FOR AN ACT ENTITLED, An Act to   establish certain wage requirements for the recipients of REDI fund loans.

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

     SB 65   Introduced by:  Senators Koetzle, Dennert, Duxbury, Hagen, Hutmacher, McIntyre, Moore, Reedy, and Volesky and Representatives Flowers, Bartling, Bradford, Burg, Davis, Elliott, Glenski, Lange, Nesselhuf, Olson (Mel), and Van Norman

       FOR AN ACT ENTITLED, An Act to   establish certain benefit requirements for the recipients of REDI fund loans.

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

     SB 66   Introduced by:  Senators Staggers, Diedrich (Larry), Drake, Greenfield, Koskan, Madden, and Putnam and Representatives Napoli, Begalka, Klaudt, Lange, McCaulley, and McCoy

       FOR AN ACT ENTITLED, An Act to   prohibit the use of certain camera technology for speeding violations.

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

     SB 67   Introduced by:  Senators Staggers and Moore and Representatives McCoy and Davis

       FOR AN ACT ENTITLED, An Act to   reduce the sales and use tax on food.

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

     SB 68   Introduced by:  Senators Staggers, Greenfield, Madden, Moore, and Symens and Representatives McCaulley, Begalka, Klaudt, McCoy, Monroe, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   limit state expenditures.

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

     SB 69   Introduced by:  Senator Koskan and Representative Jensen

       FOR AN ACT ENTITLED, An Act to   authorize counties to regulate hunting for certain fire protection purposes.

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

     SB 70   Introduced by:  Senators Koskan and Symens and Representatives Peterson (Jim), Bartling, Burg, Flowers, Hargens, Jensen, and Klaudt

       FOR AN ACT ENTITLED, An Act to   revise the schedule of penalties for overweight vehicles.

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

     SB 71   Introduced by:  Senator Koskan and Representatives Flowers and Bartling

       FOR AN ACT ENTITLED, An Act to   revise certain penalties concerning inspections, repairs, and maintenance to certain vehicles.

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

     SB 72   Introduced by:  Senator Diedtrich (Elmer) and Representative Frost

       FOR AN ACT ENTITLED, An Act to   increase the renewal fee for insurance producers and to revise the renewal period from annual to biennial.

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

     SB 73   Introduced by:  Senators Moore, Albers, Brosz, Dennert, Duxbury, Everist, Ham, Hutmacher, Munson, and Sutton (Dan) and Representatives Michels, Burg, Flowers, Gillespie, Hanson (Gary), Hunhoff, Madsen, Napoli, Olson (Mel), Peterson (Bill), and Sigdestad

       FOR AN ACT ENTITLED, An Act to   prohibit the sale of prepaid adult entertainment cards and to provide a penalty therefor.

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

     SB 74   Introduced by:  Senators Moore, Albers, Brosz, Dennert, Duxbury, Everist, Ham, Hutmacher, Munson, and Sutton (Dan) and Representatives Michels, Burg, Flowers, Gillespie, Hanson (Gary), Hunhoff, Madsen, Olson (Mel), Peterson (Bill), and Sigdestad

       FOR AN ACT ENTITLED, An Act to   prohibit and proscribe the sale of prepaid adult entertainment cards and to provide certain penalties therefor.

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

     SB 75   Introduced by:  Senators Brosz, Brown (Arnold), Ham, McIntyre, Olson (Ed), and Whiting and Representatives Konold, Duniphan, Garnos, Smidt, and Solum

       FOR AN ACT ENTITLED, An Act to   designate certain areas as drug-free zones.

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

     SB 76   Introduced by:  Senators Hutmacher, Dennert, Duxbury, Hagen, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), Symens, and Volesky and Representatives Flowers, Bartling, Bradford, Burg, Elliott, Gillespie, Hargens, Hundstad, Nachtigal, and Olson (Mel)

       FOR AN ACT ENTITLED, An Act to   provide for legislative redistricting by a bipartisan, nonlegislative commission.

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

     SB 77   Introduced by:  Senator Hutmacher and Representatives Nachtigal and Bartling

       FOR AN ACT ENTITLED, An Act to   prohibit big game hunting on certain railroad rights- of-way.

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

     SB 78   Introduced by:  Senators Symens and Dennert and Representatives Duenwald, Hanson (Gary), Jensen, Juhnke, Rhoden, and Sigdestad

       FOR AN ACT ENTITLED, An Act to   increase the hunting safety zone distance.

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

     SB 79   Introduced by:  Senators Olson (Ed), Cradduck, Moore, and Sutton (Dan) and Representatives Olson (Mel) and Hennies (Thomas)


       FOR AN ACT ENTITLED, An Act to   increase the maximum property tax levy for the pension fund of a school district.

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

     SB 80   Introduced by:  Senators Olson (Ed), Albers, Brosz, Brown (Arnold), Diedtrich (Elmer), Hagen, McCracken, Putnam, Sutton (Dan), Symens, and Vitter and Representatives Hansen (Tom), Bartling, Burg, Duniphan, Frost, Juhnke, Murschel, Peterson (Bill), Sebert, Teupel, Van Etten, Van Gerpen, and Wick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the examination required for physician licensure.

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

     SB 81   Introduced by:  Senators Munson, de Hueck, Koetzle, McIntyre, and Sutton (Dan) and Representatives Olson (Mel), Bradford, Brown (Richard), Elliott, Jensen, and Kooistra

       FOR AN ACT ENTITLED, An Act to   limit the Department of Labor's authority to recommend settlements in labor disputes.

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

     SB 82   Introduced by:  Senators Dennert, Duxbury, Hutmacher, McIntyre, Moore, Reedy, and Symens and Representatives Sutton (Duane), Begalka, and Hanson (Gary)

       FOR AN ACT ENTITLED, An Act to   revise the distribution of state aid to education.

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

     SB 83   Introduced by:  Senators Dennert and Symens and Representatives Hundstad, Begalka, Elliott, Frost, Lange, Sigdestad, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   reduce the capitalization rate for determining nonagricultural acreage.

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

     SB 84   Introduced by:  Senators Bogue, de Hueck, Koskan, Moore, Volesky, and Whiting and Representatives Madsen, Bartling, Brown (Jarvis), McCaulley, Michels, and Valandra

       FOR AN ACT ENTITLED, An Act to   revise certain transcript fees.


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

     SJR 1   Introduced by:  Senators Staggers and Greenfield and Representatives McCaulley, Klaudt, McCoy, Monroe, and Van Gerpen

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article XI of the Constitution of the State of South Dakota to prohibit the taxation of income except on banks or financial corporations.

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

     SJR 2   Introduced by:  Senators Hutmacher, Dennert, Hagen, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), Symens, and Volesky and Representatives Olson (Mel), Bartling, Bradford, Burg, Elliott, Flowers, Gillespie, Glenski, Hargens, Hundstad, and Nachtigal

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XII, section 2 of the Constitution of the State of South Dakota revising the vote required for passage of the general appropriation bill.

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

     SJR 3   Introduced by:  Senators Hutmacher, Dennert, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), and Volesky and Representatives Olson (Mel), Bartling, Bradford, Burg, Elliott, Flowers, Gillespie, Glenski, Hundstad, and Nachtigal

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election, an amendment to Article VIII of the Constitution of the State of South Dakota, relating to scholarships for students attending certain universities, colleges, and technical schools located in the state.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 11:   FOR AN ACT ENTITLED, An Act to   provide a method for computing a period of time related to election notices or filings.

     Was read the second time.

     The question being "Shall SB 11 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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 13:   FOR AN ACT ENTITLED, An Act to   revise certain municipal and school election procedures.

     Was read the second time.

     The question being "Shall SB 13 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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 8:   FOR AN ACT ENTITLED, An Act to   authorize the lease of certain public lands for military purposes.

     Was read the second time.

     The question being "Shall SB 8 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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 9:   FOR AN ACT ENTITLED, An Act to   permit certain full-time postsecondary students to vote in municipal and school elections.

     Was read the second time.

     The question being "Shall SB 9 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Staggers

     Excused:
Putnam

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

     SB 12:   FOR AN ACT ENTITLED, An Act to   provide for the method for marking and counting ballots and to clarify the procedure for auditing ballots.

     Was read the second time.

     The question being "Shall SB 12 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
Greenfield; Madden

     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 18:   FOR AN ACT ENTITLED, An Act to   permit the summary disposition of certain contested cases.

     Was read the second time.

18ra

     Sen. de Hueck moved that SB 18 be amended as follows:

     On page 1, line 6 of the Senate State Affairs Committee engrossed bill, delete " on its own initiative or " .

     On page 1 , line 8, delete " Without a hearing if " and insert " If ".

     On page 2 , line 12, delete " on its own initiative or " .

     On page 2 , line 16, delete " on its own initiative or " .

     On page 3 , line 7, delete " on its own initiative or " .

     On page 3 , line 9, delete " Without a hearing if " and insert " If ".

     Which motion prevailed.

     The question being "Shall SB 18 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Ham; Kleven; Koskan; Madden; McCracken; Olson (Ed); Reedy; Staggers; Symens; Vitter; Whiting


     Nays:
Hagen; Hutmacher; Koetzle; McIntyre; Moore; Munson; Putnam; Sutton (Dan); 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.

     SB 20:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to service of process on foreign corporations through the secretary of state.

     Was read the second time.

     The question being "Shall SB 20 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
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.

     SB 38:   FOR AN ACT ENTITLED, An Act to   require certain information to be collected to create a database of certain public officials and public employees for use in the event of an emergency or disaster and to authorize administrative rules to implement the reporting procedures.

     Was read the second time.

     The question being "Shall SB 38 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Ham; Hutmacher; McCracken; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Vitter; Whiting


     Nays:
Apa; Duxbury; Greenfield; Hagen; Kleven; Koetzle; Koskan; Madden; McIntyre; Putnam; Staggers

     Excused:
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.

     SB 42:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the registration of sex offenders.

     Was read the second time.

42ja

     Sen. Bogue moved that SB 42 be amended as follows:

     On page 4 of the printed bill, delete lines 2 to 7 , inclusive.

     Which motion prevailed.

     The question being "Shall SB 42 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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 44:   FOR AN ACT ENTITLED, An Act to   modify the areas where the Game, Fish and Parks Commission may require a park license.

     Was read the second time.

     The question being "Shall SB 44 pass?"

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0

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

     Nays:
Kleven; Koskan; Moore

     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 1012:   FOR AN ACT ENTITLED, An Act to   implement the requirements of the national medical support notice regarding the collecting of child support.

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

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

MOTIONS AND RESOLUTIONS


     Sen. Brown (Arnold) moved that SB 83 be referred from the Committee on Agriculture and Natural Resources to the Committee on Taxation.

     Which motion prevailed and the bill was so referred.

     Sen. Brosz moved that the Senate do now adjourn, which motion prevailed and at 3:22 p.m. the Senate adjourned.

Patricia Adam, Secretary