JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



TENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 22, 2002

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

     The prayer was offered by the Chaplain, Shirley Sandberg, followed by the Pledge of Allegiance led by Senate page Erin Ahles.

     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 ninth 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.
    The oath of office was administered by the President to the following named persons:

    Pages -- Erin Ahles, Grant Flynn, Jing Jin, Rachel Madden, Abby Monnens, Cody Oliver, Lindsey Renner, Kyle Sydow, Stacy Vogt, and Stephanie Wildberger.

    Which were subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS


     The President introduced Margie Reynolds, South Dakota's 2001-2002 Outstanding School Board Member from Hill City. She was escorted to the rostrum by Sen. Vitter.

     The President introduced Tabor Czech Days Queen Jane Grandi, Tabor, and the Prince and Princess, Max Grandi, Tabor, and Ashley Herman, Springfield. They were escorted to the rostrum by Sens. Putnam and Moore.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 77 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1043 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Larry Diedrich, Chair

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  75 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 SB 63 and returns the same with the recommendation that said bill be amended as follows:

63ma

     On page 3 of the printed bill, delete lines 14 to 19 , inclusive.

     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  82 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Don Brosz, Chair

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 128 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Drue J. Vitter, Chair

MESSAGES FROM THE HOUSE



MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1008, 1045, 1046, 1047, 1054, 1066, 1078, 1080, 1100, and 1112 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     HCR 1004:   A CONCURRENT RESOLUTION,   Urging the study of the problem of teenage in-vehicle drinking and drug use.


    Was read the second time.

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     Sen. Brown (Arnold) moved that HCR 1004 be amended as follows:

     On page 131, line 15 of the House Journal, delete " Department of Health " and insert "Department of Human Services".

     Which motion prevailed.

     Sen. Brown (Arnold) moved that HCR 1004 as found on page 130 of the House Journal be concurred in as amended.

     The question being on Sen. Brown's motion that HCR 1004 be concurred in 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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in as amended.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 45 as found on page 116 of the Senate Journal ; also

     Taxation on SB 36 as found on page 117 of the Senate Journal ; also

     Judiciary on SB 84 as found on page 129 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 152   Introduced by:  Senators Sutton (Dan), Diedrich (Larry), Diedtrich (Elmer), Greenfield, Hutmacher, McIntyre, Munson, Staggers, Symens, and Whiting and Representatives Monroe, Bartling, Broderick, Garnos, Heineman, Olson (Mel), Pederson (Gordon), Sebert, and Slaughter

       FOR AN ACT ENTITLED, An Act to   allow the offer of an individual health benefit plan without certain mandates.

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

     SB 153   Introduced by:  Senators Sutton (Dan), Ham, and McIntyre and Representatives Holbeck, Garnos, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   create a mentor teacher pilot program and to appropriate money therefor.

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

     SB 154   Introduced by:  Senators Olson (Ed) and Bogue and Representatives Clark and Jensen

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to abandoned mineral interests.

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

     SB 155   Introduced by:  Senators Koskan, Apa, Bogue, de Hueck, Duxbury, and Hutmacher and Representatives Jensen, Bartling, Flowers, Juhnke, Klaudt, Napoli, Van Gerpen, and Wick

       FOR AN ACT ENTITLED, An Act to   revise the civil liability of foster parents for certain personal injuries sustained by foster children in their care.

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

     SB 156   Introduced by:  Senators Symens, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, Dennert, Diedrich (Larry), Diedtrich (Elmer), Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Koetzle, Koskan, McCracken, McIntyre, Moore, Munson, Olson (Ed), Vitter, Volesky, and Whiting and Representatives Duenwald, Bartling, Brown (Richard), Burg, Duniphan, Flowers, Frost, Fryslie, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Holbeck, Hundstad, Jaspers, Juhnke, Klaudt, Konold, Lintz,

Nachtigal, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Rhoden, Sigdestad, Teupel, Van Gerpen, Van Norman, and Wick

       FOR AN ACT ENTITLED, An Act to   provide for the revision of the South Dakota Family Farm Act of 1974 to conform with a proposed amendment to the South Dakota Constitution regulating corporate farming in South Dakota.

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

     SB 157   Introduced by:  Senator Vitter and Representative Derby

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the licenses for alcoholic beverages.

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

     SB 158   Introduced by:  Senator Dennert

       FOR AN ACT ENTITLED, An Act to   appropriate money to certain school districts.

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

     SB 159   Introduced by:  Senator Dennert

       FOR AN ACT ENTITLED, An Act to   amend the General Appropriations Act for fiscal year 2002 to provide for certain home and community based services.

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

     SB 160   Introduced by:  Senator Diedrich (Larry)

       FOR AN ACT ENTITLED, An Act to   expand the definition of domestic abuse to include certain acts or threats for the purpose of denying, hindering, or delaying the provision of emergency or law enforcement services to family or household members.

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

     SB 161   Introduced by:  Senators Bogue, Albers, Brown (Arnold), Cradduck, Duxbury, Koetzle, Symens, and Volesky and Representatives McCaulley, Klaudt, and Pummel

       FOR AN ACT ENTITLED, An Act to   revise the definition of certain entities exempt from sales tax.

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

     SB 162   Introduced by:  Senators Bogue, Daugaard, Diedrich (Larry), Drake, Kleven, Koskan, and Olson (Ed) and Representatives Rhoden, Brown (Jarvis), Derby, Garnos, Jaspers, Jensen, Juhnke, Klaudt, Madsen, Michels, Pederson (Gordon), and Pummel

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the exchange or sale of certain public lands.

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

     SB 163   Introduced by:  Senator Putnam and Representative Monroe

       FOR AN ACT ENTITLED, An Act to   prohibit discrimination by health insurers against individuals who participate in certain activities.

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

     SB 164   Introduced by:  Senator Diedtrich (Elmer) and Representative Frost

       FOR AN ACT ENTITLED, An Act to   require damage disclosure statements for certain large boats.

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

     SB 165   Introduced by:  The Committee on Education at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   require school systems to allow military recruiters access to students and school facilities.

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

     SB 166   Introduced by:  The Committee on Education at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation to the Department of Education and Cultural Affairs to reimburse fees and provide a stipend for National Board for Professional Teaching Standards certified teachers.

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

     SB 167   Introduced by:  Senators Greenfield, Apa, Bogue, Diedrich (Larry), Drake, Koskan, and McCracken and Representatives Fryslie, Jensen, Juhnke, Klaudt, Koistinen, and Rhoden


       FOR AN ACT ENTITLED, An Act to   revise the contractor's excise tax provisions for a commercial power production facility.

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

     SB 168   Introduced by:  Senator Greenfield and Representative Begalka

       FOR AN ACT ENTITLED, An Act to   permit certain nonprofits to have a temporary on- sale license.

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

     SB 169   Introduced by:  Senators Daugaard and Volesky and Representatives Michels and McCaulley

       FOR AN ACT ENTITLED, An Act to   amend the Uniform Limited Partnership Act to provide limited liability limited partnerships.

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

     SB 170   Introduced by:  Senators Daugaard and Everist and Representatives Van Etten, Heineman, and Solum

       FOR AN ACT ENTITLED, An Act to   repeal a provision that requires foster parents to care for a child for not less than two years before the foster parent is a primary consideration for adoption of the child.

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

     SB 171   Introduced by:  Senators Sutton (Dan), Daugaard, and Symens and Representatives Lange, Abdallah, and Slaughter

       FOR AN ACT ENTITLED, An Act to   require secondary containment for certain liquid fertilizer containers or facilities.

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

     SB 172   Introduced by:  Senators Everist and Munson

       FOR AN ACT ENTITLED, An Act to   revise the effective date of certain provisions related to insurance taxes.

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

     SB 173   Introduced by:  Senators Koetzle and McIntyre and Representatives Bradford and Burg

       FOR AN ACT ENTITLED, An Act to   provide for an alternative base period for the purposes of determining unemployment compensation.

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

     SB 174   Introduced by:  Senators Moore, Dennert, Hagen, Hutmacher, and Koetzle and Representatives Burg, Hanson (Gary), Olson (Mel), and Sigdestad

       FOR AN ACT ENTITLED, An Act to   create a Board of Corrections, to give rule-making authority, and to abolish the Corrections Commission.

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

     SB 175   Introduced by:  Senators Hutmacher, Dennert, Hagen, Koetzle, McIntyre, Moore, Sutton (Dan), and Symens and Representatives Olson (Mel), Bartling, Bradford, Burg, Elliott, Flowers, Hanson (Gary), Hargens, Hundstad, Lange, Nachtigal, Peterson (Jim), Sigdestad, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for civil liability for certain personal injuries relating to the internet posting of certain inherently dangerous information.

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

     SB 176   Introduced by:  Senators Hutmacher, Dennert, Duxbury, Hagen, Koetzle, McIntyre, Moore, Sutton (Dan), Symens, and Volesky and Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Elliott, Flowers, Gillespie, Glenski, Hanson (Gary), Hargens, Hundstad, Kloucek, Lange, Nachtigal, Nesselhuf, Peterson (Jim), Sigdestad, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions, commonly known as the gag law, prohibiting certain disclosures by a state agency of information concerning a private entity.

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

     SB 177   Introduced by:  Senators Hutmacher and Koskan and Representatives Juhnke and Jensen

       FOR AN ACT ENTITLED, An Act to   revise and modify certain provisions relating to the award of child custody.

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

     SB 178   Introduced by:  Senators de Hueck, Greenfield, and Symens and Representatives Garnos, Madsen, and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   revise the procedure for assessing certain agricultural land.

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

     SB 179   Introduced by:  Senators Symens and Diedrich (Larry) and Representatives Jaspers and Burg

       FOR AN ACT ENTITLED, An Act to   regulate certain practices related to genetically modified crops.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Moore requested that SB 123 be removed from the Consent Calendar.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 34:   FOR AN ACT ENTITLED, An Act to   remove the exemption for certain tax liability on bonds issued by the Agriculture and Business Development Authority.

     Was read the second time.

     The question being "Shall SB 34 pass?"

     And the roll being called:

     Yeas 34, Nays 1, 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; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Staggers

     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 37:   FOR AN ACT ENTITLED, An Act to   modify the permissible exclusions for life insurance policies.

     Was read the second time.

     The question being "Shall SB 37 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
de Hueck; Staggers

     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 41:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the higher education savings plan and to declare an emergency.

     Was read the second time.

41sb

     Sen. Daugaard moved that SB 41 be further amended as follows:

     On page 5, after line 22 of the Senate Education Committee engrossed bill, insert:
     "Section 6A.That § 13-63-1 be amended to read as follows:

     13-63-1.   Terms used in this chapter mean:

             (1)      "Account," an account established as prescribed in this chapter;

             (2)      "Account owner," the person who, under this chapter or rules promulgated by the council pursuant to chapter 1-26, is entitled to select or change the designated beneficiary of an account, to designate any person other than the designated beneficiary to whom funds may be paid from the account, or to receive distributions from the account if no such other person is designated;

             (3)      "Contribution," any payment directly allocated to an account for the benefit of a designated beneficiary or used to pay late fees or administrative fees associated with an account, and that portion of any rollover amount treated as a contribution under section 529 of the Internal Revenue Code and related regulations;

             (4)      "Contributor," any person making a contribution to an account;

             (5)      "Council," the South Dakota Investment Council;

             (6)      "Designated beneficiary," except as provided in §   13-63-25, the individual designated at the time the account is opened as the individual whose higher education expenses are expected to be paid from the account or, if this designated beneficiary is replaced in accordance with §   13-63-12, 13-63-13, or 13-63-14, the replacement beneficiary;

             (7)      "Eligible education institution," an institution that is eligible to participate in any financial assistance program authorized by Title IV of the Higher Education Act of 1965, as amended through January 1, 2001, and that is any of the following as permitted by section 529 of the Internal Revenue Code and related regulations:

             (a)      An institution described in the Higher Education Act of 1965 (P.L. 89-329, 79 stat. 1219; 20 United States Code sections 1001 through 1150);

             (b)      An area vocational educational school as defined in section 521(3), subparagraph (C) or (D) of the Carl D. Perkins Vocational Education Act (P.L. 98-524; 98 stat. 2435; 20 United States Code sections 2301 through 2471);

             (c)      An institution accredited for private postsecondary education;

             (8)      "Financial institution," any bank, commercial bank, national bank, savings bank, savings and loan association, credit union, an insurance company, brokerage firm, or other similar entity that is authorized to do business in this state;

             (9)      "Member of the family," any of the following:

             (a)      A son or daughter of an individual or a descendant of the son or daughter of the individual;

             (b)      A stepson or stepdaughter of an individual;

             (c)      A brother, sister, stepbrother, or stepsister of an individual. For purposes of this subsection, the terms, brother and sister, include a brother or sister by the half-blood;

             (d)      The father or mother of an individual or an ancestor of the father or mother of an individual;

             (e)      A stepfather or stepmother of an individual;

             (f)      A son or daughter of an individual's brother or sister. For purposes of this subsection, the terms, brother and sister, include a brother or sister by the half-blood;

             (g)      A brother or sister of an individual's father or mother. For purposes of this subsection, the terms, brother and sister, include a brother or sister by the half-blood;

             (h)      A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of an individual;

             (i)      The spouse of an individual or the spouse of an individual described in this subdivision;

             (j)      Any individual who meets the criteria to be a member of the family as described in this subdivision as a result of legal adoption;

             (k)      Any other individual who is considered a member of the family under section 529 of the Internal Revenue Code and related regulations;

             (10)      "Nonqualified withdrawal," a withdrawal from an account other than one of the following:
             (a)      A qualified withdrawal;

             (b)      A withdrawal made as the result of the death on disability of the designated beneficiary of an account;

             (c)      Withdrawal that is made on the account of a scholarship, or the allowance or payment described in section 135(d)(1)(B) or (C) of the Internal Revenue Code and related regulations, and that is received by the designated beneficiary, but only to the extent of the amount of this scholarship, allowance, or payment; or
             (d)      A rollover or change of designated beneficiary;

             (11)      "Person," as defined in the regulations to section 529 of the Internal Revenue Code;

             (12)      "Program," the higher education savings program established under this chapter;

             (13)      "Qualified higher education expenses," tuition, fees, books, supplies, and equipment required for enrollment or attendance and room and board of a designated beneficiary at an eligible education institution, and any other expenses qualifying as qualified higher education expenses under section 529 of the Internal Revenue Code and related regulations; provided that room and board expenses qualify only if the beneficiary enrolls at least half time and only if the expenses do not exceed the minimum room and board allowance determined in calculating costs of attendance for federal financial aid programs;

             (14)      "Qualified withdrawal," a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account, but only if the withdrawal is made in accordance with this chapter;

             (15)      "Rollover," a disbursement or transfer from an account of a designated beneficiary that is transferred to or deposited within sixty days into an account of another individual who is a member of the family of the designated beneficiary, if the transferee account was created under this chapter or under a qualified state tuition program maintained by another state in accordance with section 529 of the Internal Revenue Code and related regulations.

     Section 6B.That § 13-63-15 be repealed.

     13-63-15.   In the case of any nonqualified withdrawal from an account, an amount equal to ten percent of the portion of the proposed withdrawal that would constitute earnings as determined in accordance with section 529 of the Internal Revenue Code and related regulations shall be withheld as a penalty and paid to the council for use in operating and marketing the program and for state student financial aid.

     The council, by rule promulgated pursuant to chapter 1-26, shall increase the percentage of the penalty or change the basis of this penalty if the council determines that the amount of the penalty must be increased to constitute a penalty that is more than a de minimis penalty for purposes of qualifying the program as a qualified state tuition program under section 529 of the Internal Revenue Code and related regulations.

     The council may decrease the percentage of the penalty if it determines that the penalty is greater than is required to constitute a penalty that is more than a de minimis penalty for purposes of qualifying the program as a qualified state tuition program under section 529 of the Internal Revenue Code and related regulations.

     Section 6C. That § 13-63-16 be repealed.

     13-63-16.   If an account owner makes a nonqualified withdrawal and no penalty amount is withheld pursuant to §   13-63-15 or the amount withheld was less than the amount required to be withheld under §   13-63-15 for nonqualified withdrawals, the account owner shall pay the unpaid portion of the penalty to the council on or before April fifteenth of the following calendar year. "


     Which motion prevailed.

     The question being "Shall SB 41 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 50:   FOR AN ACT ENTITLED, An Act to   regulate the practice of accountancy.

     Was read the second time.

     The question being "Shall SB 50 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
de Hueck; Drake

     Excused:
Kleven

     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   prohibit the use of certain camera technology for speeding violations.

     Was read the second time.

     The question being "Shall SB 66 pass?"

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent 0

     Yeas:
Apa; Bogue; Cradduck; Daugaard; de Hueck; Diedrich (Larry); Drake; Everist; Greenfield; Hagen; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; Moore; Munson; Olson (Ed); Putnam; Staggers; Sutton (Dan); Symens; Volesky

     Nays:
Albers; Brosz; Brown (Arnold); Dennert; Diedtrich (Elmer); Duxbury; Ham; McIntyre; Reedy; Vitter; 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 71:   FOR AN ACT ENTITLED, An Act to   revise certain penalties concerning inspections, repairs, and maintenance to certain vehicles.

     Was read the second time.

     The question being "Shall SB 71 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent 0

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

     Nays:
Brosz; Brown (Arnold); Everist; Olson (Ed)

     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. 8.

MOTIONS AND RESOLUTIONS


     Sen. Brown (Arnold) moved that SB 178 be referred from the Committee on Agriculture and Natural Resources to the Committee on Taxation.

     Which motion prevailed and the bill was so referred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1008:   FOR AN ACT ENTITLED, An Act to   revise certain election provisions and terminology.

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

     HB 1045:   FOR AN ACT ENTITLED, An Act to   revise certain voucher approval authority for the state fire suppression special revenue fund.

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

     HB 1046:   FOR AN ACT ENTITLED, An Act to   provide authority to suspend or revoke a milk sampler and grader's license.

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

     HB 1047:   FOR AN ACT ENTITLED, An Act to   authorize a system for the collection, accounting, and reimbursement of normal and extraordinary structural fire protection efforts resulting from wildfire.

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

     HB 1054:   FOR AN ACT ENTITLED, An Act to   require the service of certain documents on the Interim Rules Review Committee a certain time before the committee meets to review the rules.

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

     HB 1066:   FOR AN ACT ENTITLED, An Act to   allow unloaded weapons at color guard ceremonies in elementary or secondary school buildings.

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

     HB 1078:   FOR AN ACT ENTITLED, An Act to   revise certain bond and insurance requirements for trust companies.

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

     HB 1080:   FOR AN ACT ENTITLED, An Act to   revise historic preservation grants to local government entities.

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

     HB 1100:   FOR AN ACT ENTITLED, An Act to   allow for certain warranties to be purchased out of a school district's capital outlay fund.

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

     HB 1112:   FOR AN ACT ENTITLED, An Act to   allow school boards to initiate a vote relating to the imposition of an excess tax levy.

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

SECOND 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 second time.

     Sen. Olson (Ed) moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1012 pass?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent 0

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

     Nays:
Albers; Apa; Greenfield; Kleven; Koskan; Staggers

     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.

COMMEMORATIONS


     SC 7   Introduced by:  Senators Diedrich (Larry) and Brown (Arnold) and Representatives Pitts and Smidt

         A LEGISLATIVE COMMEMORATION,  Honoring the outstanding achievements of Darrell Hartmann, Chief and Pete Bolzer, Assistant Chief of the Brookings Fire Department in the field of fire and rescue.

     WHEREAS,  Darrell Hartmann and Pete Bolzer have developed the first ever county search and rescue involving all of the Brookings County Volunteer Fire Departments, and their leadership has united the various fire departments for training as well as community protection; and

     WHEREAS,  Darrell and Pete also work with children and the elderly to ensure proper fire safety; and

     WHEREAS,  Darrell and Pete have devoted many hours training county firefighters, for which they are not paid, to ensure the safety of the community. Their skill and dedication was evident after the wonderful job they did in the town of Volga, which had a calming effect throughout that community in its time of need:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the many accomplishments and services of Darrell Hartmann and Pete Bolzer of the Brookings Fire Department be recognized and that our gratitude is bestowed on them on behalf of everyone in Brookings County who has benefitted from their skill and dedication and on behalf of all of the people of the State of South Dakota.

     Sen. Madden moved that the Senate do now adjourn, which motion prevailed and at 3:14 p.m. the Senate adjourned.

Patricia Adam, Secretary