JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



FOURTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Saturday, January 26, 2002

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Geraldine King, followed by the Pledge of Allegiance led by Senate page Lindsey Renner.

     Roll Call: All members present except Sens. Elmer Diedtrich, de Hueck, Koetzle, Moore, and Whiting who were excused.

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirteenth day and finds that the following correction shall be made:

    On page 214, after line 25, insert:

    "Delete previously adopted amendment 40oa thus returning the bill to its printed form."

     All other 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 R. James Clifft of Minnehaha County, Sioux Falls, South Dakota, as Assistant Adjutant General, Air.

     The question being "Does the Senate advise and consent to the executive appointment of R. James Clifft pursuant to the executive message as found on page 184 of the Senate Journal?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

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

     Excused:
de Hueck; Diedtrich (Elmer); Koetzle; Moore; 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 Local Government respectfully reports that it has had under consideration HB 1008, 1009, and 1066 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Arlene H. Ham, Chair

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR  2 and SB 76 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Barbara Everist, Chair


MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1006 which has been adopted by the House and your concurrence is respectfully requested.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1001, 1003, 1034, 1050, 1138, 1139, 1141, 1163, and 1221 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     HCR 1006:   A CONCURRENT RESOLUTION,   Commending Aberdeen Central High School's Environmental Club and designating May 15, 2002, as statewide Ride a Bike to Work Day.

     Was read the first time and the President waived the committee referral and placed HCR 1006 on the calendar for Monday, January 28, the 15th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 40 as found on page 214 of the Senate Journal ; also

     State Affairs on HCR 1001 as found on page 216 of the Senate Journal ; also

     Taxation on SB 85 as found on page 226 of the Senate Journal ; also

     Judiciary on SB 177 as found on page 227 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 93:   FOR AN ACT ENTITLED, An Act to   establish certain requirements for genetic testing.

     Was read the second time.

     The question being "Shall SB 93 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

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

     Excused:
de Hueck; Diedtrich (Elmer); Koetzle; Moore; 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 23:   FOR AN ACT ENTITLED, An Act to   revise the rule-making authority for group health plans.

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

23sb

     Sen. Bogue moved that SB 23 be amended as follows:

     On page 2, line 15 of the printed bill, after " Claims " insert " , provided the rules are consistent with applicable federal requirements for claims procedures, administration, and enforcement, including 29 CFR Part 2560 ".

     Which motion prevailed.

     The question being "Shall SB 23 pass as amended?"

     And the roll being called:


     Yeas 28, Nays 1, Excused 6, Absent 0

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

     Nays:
Staggers

     Excused:
de Hueck; Diedtrich (Elmer); Hutmacher; Koetzle; Moore; 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 16:   FOR AN ACT ENTITLED, An Act to   provide that certain postsecondary school information be given to parents and guardians of students in middle schools and high schools.

     Was read the second time.

     The question being "Shall SB 16 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 2, Excused 5, Absent 0

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

     Nays:
Koskan; Staggers

     Excused:
de Hueck; Diedtrich (Elmer); Koetzle; Moore; 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 17:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding university admission requirements for foreign language instruction.

     Was read the second time.

     The question being "Shall SB 17 pass?"

     And the roll being called:

     Yeas 23, Nays 7, Excused 5, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Duxbury; Everist; Hagen; Ham; Hutmacher; Madden; McCracken; McIntyre; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Vitter; Volesky

     Nays:
Diedrich (Larry); Drake; Greenfield; Kleven; Koskan; Putnam; Staggers

     Excused:
de Hueck; Diedtrich (Elmer); Koetzle; Moore; 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 124:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions concerning the county highway system.

     Was read the second time.

     The question being "Shall SB 124 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

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

     Excused:
de Hueck; Diedtrich (Elmer); Koetzle; Moore; 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 127:   FOR AN ACT ENTITLED, An Act to   establish licensing requirements for providers of certain automated teller machine transaction routing services.

     Was read the second time.

127ta

     Sen. Bogue moved that SB 127 be further amended as follows:

     On page 1, line 11 of the Senate Commerce Committee engrossed bill, delete " instituion " and insert "institution".

     On page 2 , line 1, after " Act " insert ", which are enacted to provide additional protection for consumers of this state as permitted by 15 U.S.C. 1693, as amended to January 1, 2002, and as authorized pursuant to 15 U.S.C. 1693q, as amended to January 1, 2002,".

     On page 5 , line 12, after " 1-26, " insert "to provide".

     On page 5 , delete lines 13 and 14 , and insert "administration of licensees and to determine whether other practices or".

     On page 5 , line 15, delete " are " and insert "constitute".

     Which motion prevailed.

     The question being "Shall SB 127 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 1, Excused 5, Absent 0

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

     Nays:
Staggers

     Excused:
de Hueck; Diedtrich (Elmer); Koetzle; Moore; 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.


     Sen. Everist moved that SB 134 and 164 be deferred to Monday, January 28, the 15th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001:   FOR AN ACT ENTITLED, An Act to   ratify the Uniform Sales and Use Tax Administration Act and to implement the uniform and simplified features proposed by the Streamlined Sales Tax Project.

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

     HB 1003:   FOR AN ACT ENTITLED, An Act to   authorize a municipal gross receipts tax on certain lodging, alcoholic beverages, prepared food, and admissions.

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

     HB 1034:   FOR AN ACT ENTITLED, An Act to   reduce the legal blood alcohol limits for motor vehicle drivers and boat operators.

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

     HB 1050:   FOR AN ACT ENTITLED, An Act to   revise the definition of a grain dealer.

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

     HB 1138:   FOR AN ACT ENTITLED, An Act to   increase the penalty for the stalking of certain children.

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

     HB 1139:   FOR AN ACT ENTITLED, An Act to   specify the elements of the crime of aggravated indecent exposure and to provide a penalty therefor.

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

     HB 1141:   FOR AN ACT ENTITLED, An Act to   provide certain standards for utilization review for property and casualty insurers.

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

     HB 1163:   FOR AN ACT ENTITLED, An Act to   require social workers to include background checks in home study reports and to prohibit adoptions by persons convicted of certain crimes.

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

     HB 1221:   FOR AN ACT ENTITLED, An Act to   revise the date for filing certain certificates of nomination and to declare an emergency.

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

SIGNING OF BILLS


     The President publicly read the title to

     HB 1006: FOR AN ACT ENTITLED, An Act to  revise the procedure for updating the voter registration file and to limit the use of the county voter registration file.

     HB 1007: FOR AN ACT ENTITLED, An Act to  revise certain election recount provisions.

     HB 1010: FOR AN ACT ENTITLED, An Act to  permit certain direct recording electronic voting systems and to regulate the use of automatic tabulating equipment.

     And signed the same in the presence of the Senate.

     Sen. Diedrich (Larry) moved that the Senate do now adjourn, which motion prevailed and at 2:03 p.m. the Senate adjourned.

Patricia Adam, Secretary