JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 16, 2002

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

     The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of Allegiance led by Senate page Carrie Gonsor.

     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 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Randy Morris of Lawrence County, Spearfish, South Dakota, to the State Board of Regents.

     The question being "Does the Senate advise and consent to the executive appointment of Randy Morris pursuant to the executive message as found on page 25 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
de Hueck; Hagen

     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 State Affairs respectfully reports that it has had under consideration SB 48 and returns the same with the recommendation that said bill be amended as follows:

48oa

     On page 1, line 6 of the printed bill, delete " one of whom " and insert " at least one ".

     On page 1 , line 7, overstrike " one of whom " and insert " at least one ".

     On page 1 , line 8, overstrike " one of whom " and insert " at least one ".

     And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair


Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 52 and 53 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 Judiciary respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill be amended as follows:

21tb

     On page 1, line 9 of the printed bill, after " manufactured " insert "or sold".

     On page 1 , line 10, delete " provided " and insert "that term is defined".

     On page 2 , line 6, after " fifteenth " insert ", or to remove any nonparticipating tobacco product manufacturer subsequently determined not to be in compliance with subdivision 10- 50B-7(2). The secretary of revenue may require distributors, wholesalers, and nonparticipating tobacco product manufacturers to submit such information as the secretary may determine is necessary to enable the secretary to determine whether a nonparticipating tobacco product manufacturer is in compliance with subdivision 10-50B-7(2)".

     On page 2 , line 9, after " excluded " insert "or removed".

     On page 2 , line 11, delete " issuance of the annual directory " and insert "exclusion or removal".

     On page 2 , line 12, delete " state law " and insert "this chapter and chapter 10-50B".

21rta

     On page 1, line 1 of the printed bill, after " on " insert "cigarettes or roll your own".

     On page 1 , line 2, delete " of " and insert "produced by".

     And that as so amended said bill do pass.

Respectfully submitted,
Fred C. Whiting, Chair


MESSAGES FROM THE HOUSE



MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1014, 1015, 1016, and 1048 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Everist moved that SB 47 be referred from the Committee on State Affairs to the Committee on Judiciary.

     Which motion prevailed and the bill was so referred.

     Sen. Everist moved that SB 49 be referred from the Committee on State Affairs to the Committee on Judiciary.

     Which motion prevailed and the bill was so referred.

     SCR 1   Introduced by:  Senators Ham, Hagen, Kleven, Madden, McCracken, Vitter, and Whiting and Representatives Hennies (Thomas), Adelstein, Derby, Duniphan, Eccarius, Lintz, Madsen, McCoy, Napoli, and Van Etten

         A CONCURRENT RESOLUTION,  Commemorating the 20th anniversary this year of the death of Crazy Horse Memorial sculptor Korczak Ziolkowski and recognizing the sculptor's wife and family for their dedication and great progress at the Memorial during the two decades since Korczak's passing.

     WHEREAS,  in 1947 Korczak came to the Black Hills to undertake Crazy Horse Memorial at the invitation of Lakota Chief Henry Standing Bear who wrote to him, "My fellow chiefs and I would like the white man to know the red man has great heroes, too"; and

     WHEREAS,  Korczak dedicated the rest of his life to making steady progress on the colossal Crazy Horse mountain carving, the largest sculpture in the world, and on the important educational and cultural goals of the nonprofit Memorial; and

     WHEREAS,  the sculptor created scale models, and he and his wife, Ruth, prepared comprehensive plans, all to be used for the continuation of the Memorial which Korczak realized was larger than any one person's lifetime; and

     WHEREAS,  Korczak, Storyteller in Stone, died on October 20, 1982, leaving an unfinished dream which Ruth and seven of their sons and daughters, Dawn, Adam, Jadwiga, Casimir, Anne, Mark, and Monique, dedicated themselves to continuing; and

     WHEREAS,  the nine-story-high face of Crazy Horse was completed and dedicated on June 3, 1998, and work now is progressing to block out the 22-story-high horse's head on the mountain carving increasingly referred to in the media as the latest modern wonder of the world; and

     WHEREAS,  the remarkable vision and accomplishment of Korczak and his family have attracted on-going national and international print and broadcast media coverage resulting in an incalculable contribution to South Dakota's tourism industry and, thus, the state's economy at large; and

     WHEREAS,  the State of South Dakota is very proud of the dynamic Korczak Ziolkowski family and its noble goals of honoring the North American Indian and fostering reconciliation between peoples through the creation of Crazy Horse Memorial:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-seventh Legislature of the State of South Dakota, the House of Representatives concurring therein, that the 20th anniversary of Korczak Ziolkowski's death be commemorated in the year 2002 and that his wife, Ruth, and their family be recognized for their extraordinary record of accomplishment at Crazy Horse Memorial during the last two decades.

     Was read the first time and the President waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on SB 26 as found on page 60 of the Senate Journal ; also

     Transportation on SB 32 as found on page 60 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 85   Introduced by:  Senators Symens, Dennert, Diedrich (Larry), Duxbury, and Vitter and Representatives Jaspers, Duenwald, Hargens, Jensen, Juhnke, Peterson (Jim), and Van Norman

       FOR AN ACT ENTITLED, An Act to   exempt from sales tax certain contract services provided to agricultural producers by an agent of a parent company through a local contracting entity.

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


     SB 86   Introduced by:  Senators Volesky and Munson and Representatives Flowers, Burg, and Valandra

       FOR AN ACT ENTITLED, An Act to   require the use of an ignition interlock device in a motor vehicle used by any person guilty of a second or subsequent violation of driving under the influence and to provide for a minimum jail sentence.

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

     SB 87   Introduced by:  Senators Sutton (Dan), Ham, Koetzle, McIntyre, and Symens and Representatives Kooistra, Bartling, Elliott, Garnos, Hennies (Thomas), and Holbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to open enrollment.

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

     SB 88   Introduced by:  Senators Staggers and Madden and Representatives McCaulley, Holbeck, Klaudt, McCoy, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   require municipalities to be responsible for sidewalks located on property owned by the municipality.

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

     SB 89   Introduced by:  Senators Dennert, Hutmacher, McIntyre, Moore, and Sutton (Dan) and Representatives Elliott, Olson (Mel), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   allow a school district to impose an excess levy for its pension fund.

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

     SB 90   Introduced by:  Senators Putnam, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Greenfield, Hagen, Ham, Hutmacher, Koetzle, Koskan, McCracken, McIntyre, Moore, Munson, Olson (Ed), Reedy, Sutton (Dan), Symens, Vitter, and Volesky and Representatives Richter, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Burg, Clark, Duenwald, Elliott, Flowers, Frost, Fryslie, Gillespie, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Kloucek, Koistinen, Lange, Lintz, Madsen, McCaulley, McCoy, Monroe, Murschel, Nachtigal, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Jim), Pitts, Pummel, Rhoden, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Valandra, Van Etten, Van Gerpen, and Van Norman

       FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.



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

     SB 91   Introduced by:  Senators Staggers, Greenfield, Ham, Madden, and Olson (Ed) and Representatives Gillespie, Begalka, Clark, Frost, Garnos, Hanson (Gary), McCaulley, McCoy, Monroe, Nesselhuf, Sigdestad, Sutton (Duane), and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   provide for DNA testing for certain inmates.

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

     SB 92   Introduced by:  Senators McIntyre, Dennert, Duxbury, Hagen, Ham, Hutmacher, Koetzle, Moore, Munson, Olson (Ed), Reedy, Sutton (Dan), and Volesky and Representatives Lange, Bartling, Bradford, Burg, Davis, Garnos, Gillespie, Glenski, Hanson (Gary), Kooistra, Murschel, Nachtigal, and Valandra

       FOR AN ACT ENTITLED, An Act to   require a school board to notify the parent or guardian of each student being taught by certain teachers.

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

     SB 93   Introduced by:  Senators Madden, de Hueck, Everist, Greenfield, Ham, Hutmacher, Koskan, McIntyre, Olson (Ed), Staggers, Sutton (Dan), and Whiting and Representatives Peterson (Bill), Adelstein, Begalka, Broderick, Clark, Duenwald, Frost, Heineman, Klaudt, Napoli, Olson (Mel), Pitts, Valandra, and Van Etten

       FOR AN ACT ENTITLED, An Act to   establish certain requirements for genetic testing.

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

     SB 94   Introduced by:  Senators Madden, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Duxbury, Everist, Greenfield, Ham, Hutmacher, Koskan, Moore, Olson (Ed), Putnam, Staggers, Sutton (Dan), and Vitter and Representatives Napoli, Adelstein, Bartling, Brown (Richard), Duenwald, Hargens, Hennies (Don), Hennies (Thomas), Lange, McCaulley, Monroe, Olson (Mel), Pederson (Gordon), Peterson (Bill), and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   permit the posting or display of the United States flag and giving the pledge of allegiance.

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

     SB 95   Introduced by:  Senators Bogue, de Hueck, Koskan, and Staggers and Representatives Duenwald, Bartling, Fryslie, Jaspers, Jensen, Klaudt, Lintz, and Monroe

       FOR AN ACT ENTITLED, An Act to   revise the total amount of revenue payable from taxes on real property within a taxing district.


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

     SB 96   Introduced by:  Senators Bogue, Koetzle, Koskan, Staggers, and Vitter and Representatives Madsen, Brown (Jarvis), Flowers, Juhnke, Kloucek, Michels, and Monroe

       FOR AN ACT ENTITLED, An Act to   limit the damages that may be awarded in a medical malpractice action against an optometrist.

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

     SB 97   Introduced by:  Senator Koskan and Representative Duenwald

       FOR AN ACT ENTITLED, An Act to   revise the weight exemption for vehicles hauling speciality crops.

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

     SB 98   Introduced by:  Senators Koskan, Apa, and Vitter and Representatives Jensen, Hargens, Juhnke, Klaudt, Lintz, and Rhoden

       FOR AN ACT ENTITLED, An Act to   provide certain limitations on land purchases made by the state.

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

     SB 99   Introduced by:  Senators Koetzle, Cradduck, Greenfield, and Sutton (Dan) and Representatives Begalka and Napoli

       FOR AN ACT ENTITLED, An Act to   allow certain contracts between cigarette retailers and suppliers.

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

     SB 100   Introduced by:  Senators Dennert and Symens and Representatives Elliott, Bartling, Begalka, Frost, Hargens, Hundstad, Lange, Sigdestad, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise the formula for reducing state aid to education due to an excessive general fund balance.

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

     SB 101   Introduced by:  Senators Albers, Ham, Kleven, and Madden and Representatives Hennies (Thomas), Abdallah, Duniphan, and Madsen


       FOR AN ACT ENTITLED, An Act to   provide for the release of the booking photographs of prisoners under certain conditions.

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

     SB 102   Introduced by:  Senators Olson (Ed), de Hueck, Dennert, and Symens and Representatives Garnos, Hanson (Gary), Monroe, Sigdestad, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   exempt certain school districts from certain reductions in state aid to education.

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

     SB 103   Introduced by:  Senators Olson (Ed), Apa, Bogue, Brosz, and Koetzle and Representatives Derby, Flowers, Fryslie, Hansen (Tom), Hundstad, and Jaspers

       FOR AN ACT ENTITLED, An Act to   require contractors to have surety bonds or to notify the person or entity that there is not a surety bond.

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

     SB 104   Introduced by:  Senators Olson (Ed), Diedrich (Larry), Diedtrich (Elmer), Duxbury, Hagen, and Staggers and Representatives Abdallah, Flowers, and Pummel

       FOR AN ACT ENTITLED, An Act to   exempt certain motor vehicles used to transport inventory replacement vehicles to a dealer's principal place of business from the requirement to be licensed as a commercial motor vehicle.

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

     SB 105   Introduced by:  Senator Diedtrich (Elmer) and Representatives Wick, Eccarius, and Holbeck

       FOR AN ACT ENTITLED, An Act to   provide for the recall of certain school district officials.

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

     SB 106   Introduced by:  Senators Diedtrich (Elmer), Brown (Arnold), Greenfield, Munson, Olson (Ed), and Sutton (Dan) and Representatives Olson (Mel), Begalka, Broderick, Burg, Lange, Pederson (Gordon), Sebert, Solum, and Valandra

       FOR AN ACT ENTITLED, An Act to   provide a privilege for insurance compliance self- audits.


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

     SB 107   Introduced by:  Senators Whiting, Ham, and Madden and Representative Duniphan

       FOR AN ACT ENTITLED, An Act to   provide for the transfer of certain statutes regarding domestic abuse.

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

     SB 108   Introduced by:  Senators Sutton (Dan), Brown (Arnold), Diedtrich (Elmer), Hutmacher, McIntyre, Reedy, and Symens and Representatives Garnos, Bartling, Pitts, Slaughter, and Teupel

       FOR AN ACT ENTITLED, An Act to   require the acceptance of certain uniform life insurance request forms.

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

     SB 109   Introduced by:  Senator Munson and Representative Broderick

       FOR AN ACT ENTITLED, An Act to   exempt certain insurers and intermediaries from mortgage lending licensing.

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

     SB 110   Introduced by:  Senators Munson, Albers, Diedtrich (Elmer), Hagen, Olson (Ed), and Vitter and Representatives Broderick, Abdallah, Brown (Richard), Flowers, Pummel, and Solum

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of vehicle dealers.

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

     SB 111   Introduced by:  Senators Brown (Arnold), Albers, Bogue, Brosz, Daugaard, Dennert, Diedrich (Larry), Drake, Duxbury, Everist, Ham, Hutmacher, McCracken, Moore, Sutton (Dan), and Whiting and Representatives Peterson (Bill), Broderick, Brown (Richard), Burg, Derby, Duniphan, Eccarius, Hansen (Tom), Heineman, Holbeck, Hunhoff, Juhnke, Lange, Madsen, Michels, Pederson (Gordon), and Smidt

       FOR AN ACT ENTITLED, An Act to   revise per diem for certain legislative committees and to declare an emergency.

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



     SB 112   Introduced by:  Senators Hutmacher, Dennert, Duxbury, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), Symens, and Volesky and Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Elliott, Flowers, Gillespie, Hanson (Gary), Hargens, Hundstad, Kloucek, Lange, Nachtigal, Nesselhuf, Peterson (Jim), Sigdestad, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   establish the South Dakota student incentive loan program and to make an appropriation therefor.

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

     SB 113   Introduced by:  Senators Daugaard, Apa, Brown (Arnold), Dennert, Ham, Sutton (Dan), and Symens and Representatives Jaspers, Broderick, Burg, Holbeck, Lange, and Slaughter

       FOR AN ACT ENTITLED, An Act to   provide for the state to transfer its reversionary interest in certain real estate in Lake County, commonly known as Camp Lakodia.

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

     SB 114   Introduced by:  Senators Greenfield, Apa, de Hueck, and Kleven and Representatives Van Gerpen and Klaudt

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to township meetings.

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

     SB 115   Introduced by:  Senators Albers, Diedtrich (Elmer), and Koskan and Representatives Kooistra, Abdallah, Broderick, Flowers, Gillespie, Monroe, and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions relating to school district boundary changes.

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

     SB 116   Introduced by:  Senators Staggers and Albers and Representatives Lange, Hennies (Don), and Kloucek

       FOR AN ACT ENTITLED, An Act to   exempt certain food purchases from the sales and use tax.

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


     SB 117   Introduced by:  Senators Staggers, Diedtrich (Elmer), and Moore and Representatives Hennies (Don), Glenski, Peterson (Jim), and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   provide that donations of body parts evidenced by driver's licenses and nondriver identification cards not be used for research and education.

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

     SB 118   Introduced by:  Senators McCracken, Diedtrich (Elmer), Ham, and McIntyre and Representatives Peterson (Bill), Frost, Glenski, and Van Etten

       FOR AN ACT ENTITLED, An Act to   prohibit smoking in public places.

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

     SB 119   Introduced by:  Senators McCracken, Brown (Arnold), Olson (Ed), Sutton (Dan), and Symens and Representatives Konold, Davis, Flowers, Rhoden, Solum, and Teupel

       FOR AN ACT ENTITLED, An Act to   provide for the establishment of a no telephone solicitation contact list.

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

     SB 120   Introduced by:  Senators McCracken, Cradduck, Hutmacher, Olson (Ed), and Whiting and Representatives Jaspers, Derby, and Murschel

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

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

     SB 121   Introduced by:  Senators McCracken, Bogue, Brown (Arnold), Cradduck, de Hueck, Duxbury, Hutmacher, Koetzle, Madden, McIntyre, Moore, Sutton (Dan), Symens, Vitter, Volesky, and Whiting and Representatives Madsen, Adelstein, Broderick, Brown (Jarvis), Burg, Flowers, Fryslie, Gillespie, Hanson (Gary), Jensen, Kloucek, Kooistra, Lange, McCaulley, McCoy, Monroe, Pummel, Rhoden, Sutton (Duane), Valandra, Van Gerpen, Van Norman, and Wick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the family exclusion for auto insurance coverage.

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

     SB 122   Introduced by:  Senator Diedrich (Larry) and Representative Begalka


       FOR AN ACT ENTITLED, An Act to   revise certain provisions to the dredges transferred from the state to the South Dakota Lakes and Streams Association.

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

     SB 123   Introduced by:  Senators Apa, de Hueck, Dennert, Duxbury, Greenfield, Kleven, Koskan, Madden, McCracken, Olson (Ed), Reedy, and Symens and Representatives Napoli, Abdallah, Garnos, Klaudt, Lange, Madsen, McCaulley, Rhoden, Slaughter, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   make it permissive for counties to levy a tax for secondary roads in unorganized territories.

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

     SB 124   Introduced by:  Senators Apa, de Hueck, Dennert, Duxbury, Greenfield, Kleven, Koskan, Madden, McCracken, Olson (Ed), Reedy, and Symens and Representatives Lintz, Abdallah, Broderick, Garnos, Hennies (Thomas), Klaudt, Lange, Madsen, McCaulley, Rhoden, Slaughter, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the county highway system.

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

     SB 125   Introduced by:  Senators Apa, de Hueck, Drake, Duxbury, Koskan, McCracken, and Symens and Representatives Teupel, Frost, Hennies (Thomas), Jensen, Lange, Madsen, Napoli, Rhoden, Slaughter, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   impose an excise tax on the gross receipts of personal communications system, wireless, and cellular telecommunications companies.

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

     SB 126   Introduced by:  Senator de Hueck and Representative Monroe

       FOR AN ACT ENTITLED, An Act to   revise certain career service system rules pertaining to causes for disciplinary action against employees.

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

     SB 127   Introduced by:  Senators Munson, McCracken, and Sutton (Dan) and Representatives Broderick, Olson (Mel), and Solum


       FOR AN ACT ENTITLED, An Act to   establish licensing requirements for providers of certain automated teller machine transaction routing services.

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

     SB 128   Introduced by:  Senators Putnam, Apa, de Hueck, and Madden and Representatives Duenwald, Bartling, Jaspers, Jensen, Koistinen, and Monroe

       FOR AN ACT ENTITLED, An Act to   establish certain civil penalties for overweight vehicle violations and to provide for the disposition of the civil penalties.

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

     SB 129   Introduced by:  Senators Vitter and Reedy and Representatives Murschel and Gillespie

       FOR AN ACT ENTITLED, An Act to   revise the provisions related to the sale of surplus property.

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

     SB 130   Introduced by:  Senators Bogue, Cradduck, Duxbury, Everist, Kleven, Koskan, Madden, McCracken, Putnam, and Vitter and Representatives Rhoden, Juhnke, Klaudt, Lintz, Madsen, McCaulley, Pederson (Gordon), Pummel, and Teupel

       FOR AN ACT ENTITLED, An Act to   prohibit the implementation of certain prairie dog management plans or activities without legislative approval.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Staggers requested that SB 25 be removed from the Consent Calendar.

     Sen. Hutmacher requested that SB 24 be removed from the Consent Calendar.

     SB 27:   FOR AN ACT ENTITLED, An Act to   revise the requirement for review of an insurance company's actuarial data after credit unemployment rate filings.

     Was read the second time.

     The question being "Shall SB 27 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 28:   FOR AN ACT ENTITLED, An Act to   eliminate the requirement that appointed scale inspectors take an oath of office and post a performance bond.

     Was read the second time.

     The question being "Shall SB 28 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 31:   FOR AN ACT ENTITLED, An Act to   update references to the codes of ethics for teachers and administrators.

     Was read the second time.

     The question being "Shall SB 31 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 33:   FOR AN ACT ENTITLED, An Act to   revise the state trunk highway system.

     Was read the second time.

     The question being "Shall SB 33 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 6:   FOR AN ACT ENTITLED, An Act to   provide for counselors in schools.

     Was read the second time.

     Sen. McCracken moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 6 pass?"

     And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent 0


     Yeas:
Dennert; Duxbury; Hagen; Ham; Hutmacher; Koetzle; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Volesky

     Nays:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Kleven; Koskan; Madden; McCracken; Putnam; Staggers; Vitter; Whiting

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

     SB 7:   FOR AN ACT ENTITLED, An Act to   provide for the leasing of certain public lands acquired by exchange.

     Was read the second time.

     Sen. Bogue moved that SB 7 be referred to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.

     SB 10:   FOR AN ACT ENTITLED, An Act to   revise certain township election provisions.

     Was read the second time.

     The question being "Shall SB 10 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 7, 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; Munson; Olson (Ed); Putnam; Staggers; Symens; Vitter; Volesky; Whiting

     Nays:
Hagen; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan)

     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 19:   FOR AN ACT ENTITLED, An Act to   create the crime of communicating a terroristic threat or hoax terroristic threat and to provide certain penalties therefor.


     Was read the second time.

     Sen. Whiting moved that SB 19 be referred to the Committee on Judiciary.

     Which motion prevailed and the bill was so referred.

     SB 22:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.

     Was read the second time.

     The question being "Shall SB 22 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 23:   FOR AN ACT ENTITLED, An Act to   revise the rule-making authority for group health plans.

     Was read the second time.

     Sen. Munson moved that SB 23 be deferred to Wednesday, January 23, the 11th legislative day.

    Which motion prevailed and the bill was so deferred.

     SB 43:   FOR AN ACT ENTITLED, An Act to   permit the recording of certain deeds to or from the State of South Dakota without platting.

     Was read the second time.

     The question being "Shall SB 43 pass as amended?"

     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); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Moore

     Excused:
Diedtrich (Elmer)

     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 Health and Human Services respectfully reports that it has had under consideration SB 15 and returns the same with the recommendation that said bill be amended as follows:

15ja

     On page 3, after line 5 of the printed bill, insert:

    "Section 2. That § 27A-3-1.1 be amended to read as follows:

     27A-3-1.1.   There is created the Mental Health Planning and Coordination Advisory Council which shall be appointed by and serve at the pleasure of the Governor. The council shall be assigned to the Department of Human Services. Technical assistance and staff support shall be provided to the council by the Department of Human Services. The secretary of human services shall be responsible for the coordination of activities between the advisory council and the Department of Human Services. "


15jta

     On page 1, line 1 of the printed bill, after " repeal " insert "and revise certain provisions regarding".

     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 46 and returns the same with the recommendation that said bill be amended as follows:

46ja

     On page 2, line 20 of the printed bill, delete " Remifental " and insert " Remifentanil ".

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

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Betty Oldenkamp of Stanley County, Ft. Pierre, South Dakota, as Secretary of the Department of Human Services 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 Health and Human Services respectfully reports that it has had under consideration SB 56 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Kenneth D. Albers, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1014:   FOR AN ACT ENTITLED, An Act to   eliminate a need for a witness to the signature of an applicant.

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

     HB 1015:   FOR AN ACT ENTITLED, An Act to   modify certain requirements for service of notice of entry in an action involving abuse or neglect.

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

     HB 1016:   FOR AN ACT ENTITLED, An Act to   eliminate filing and service fees regarding protection orders for domestic abuse and stalking.

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



     HB 1048:   FOR AN ACT ENTITLED, An Act to   allow the submission of sealed bids by electronic means.

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

     Sen. Putnam moved that the Senate do now adjourn, which motion prevailed and at 3:20 p.m. the Senate adjourned.

Patricia Adam, Secretary