Senate Journal 01/28/2002 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SEVENTH SESSION

FIFTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 28, 2002

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

The prayer was offered by the Chaplain, The Reverend Roger Easland, followed by the Pledge of Allegiance led by Senate page Grant M. Flynn.

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 fourteenth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Arnold M. Brown, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 144 and 170 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 129 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 15 of the printed bill, overstrike " within twelve months thereafter " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 174 and tabled the same.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 147 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 5 of the printed bill, after " enter " insert " or to any public place licensed pursuant to chapter 42-7B ".

Delete the previously adopted amendment (118ja).

On page 2, line 4 of the printed bill, delete everything after " employment. " and insert " This section does not apply to any sleeping room in a lodging establishment as defined in § 34-18-1, to any on-sale licensee pursuant to chapter 35-4, to any video lottery licensed establishment pursuant to chapter 42-7A, to any licensee pursuant to chapter 42-7B, or to any tobacco or packaged liquor store if the store is primarily used for the sale of tobacco or alcoholic beverages, or both, and the sale of other products is merely incidental. "

On page 2 , delete lines 5 and 6 .

On page 2 , line 19, after " hallways. " insert "A private residence is not a place of employment unless it is used for day care."

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 SCR 2 and returns the same with the recommendation that said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 137 and tabled the same.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 117 which was deferred to the 36^th Legislative Day.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1017 and 1106 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 152 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete " a " and insert "an individual".

On page 1, line 7 of the printed bill, delete " 58-17-30.6, " .

On page 1 , delete lines 8 and 9 and insert "58-17-84.1, 58-17-98, and 58-17-107. The offer of rejection shall be contained in a separate disclosure document approved by the director."

And that as so amended said bill do pass.

Respectfully submitted,
Kenneth D. Albers, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 167 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. Any commercial power production facility, utilizing renewable resources, such as sun, wind, geothermal, or biomass, that begins generating electricity after June 30, 2002, and produces more than ten megawatts of electricity as measured by nameplate rating, and is owned by a natural person, corporation, nonprofit or for profit business organization, or tribal council (if the facility is located outside the boundaries of the reservation), irrigation district, drainage district, or other political subdivision or agency of the state authorized by statute to carry on the business of developing, transmitting, utilizing, or distributing electric power is subject to the provisions of this Act for any new or expanded facility.

Section 2. Rural electric cooperatives developing commercial power production facilities utilizing renewable energy are not subject to tax pursuant to § 10-35-1.2 but are subject to a gross receipts tax as defined in § 10-36-6.

Section 3. Terms used in this Act mean:

(1) "Department," the Department of Revenue;

(2) "New or expanded facility," a new commercial power production facility as defined in section 1 of this Act or an addition to an existing commercial power production facility, the construction or installation of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B;

(3) "Project," the installation or construction of generation capacity of a new or expanded facility, excluding any associated transmission facilities;

(4) "Project cost," the amount of money incurred and paid after July 1, 2002, for a project;

(5) "Secretary," the secretary of the Department of Revenue.

Section 4. The tax imposed under chapters 10-46A and 10-46B on a new or expanded facility shall be imposed as provided in chapters 10-46A and 10-46B, and remitted to the state by the holder of the permit issued pursuant to section 6 of this Act.

Section 5. The owner shall file a tax return on or before December thirty-first of each year reporting the project costs subject to tax under chapters 10-46A or 10-46B incurred during the previous twelve months. The tax due from such return shall be paid in four equal annual payments with the first payment due no later December thirty-first following the filing of the tax return. Each subsequent annual payment shall be made no later than December thirty-first following the last payment.

Section 6. Any person desiring to pay the contractor's excise tax pursuant to section 4 of this Act shall apply for a permit from the secretary at least thirty days prior to commencement of the project. The application for a permit shall be submitted on a form prescribed by the secretary. A separate application shall be made and submitted for each project. Upon approval of the application, the secretary shall issue a permit to the applicant. The permit is not assignable or transferable except as collateral or security pursuant to chapter 57A-9.

Section 7. Any person aggrieved by the denial of a permit, may within thirty days after service of the notice of a denial by the secretary, demand and is entitled to a hearing, upon notice, before the secretary. The hearing shall be conducted pursuant to chapter 1-26.

Section 8. The secretary may promulgate rules, pursuant to chapter 1-26, concerning:

(1) Permitting, including the permit application;

(2) The filing of returns and payment of the tax;

(3) Determining the application of the tax and exemptions;

(4) Taxpayer and owner record-keeping requirements; and

(5) Determining auditing methods.

Section 9. That § 10-59-1 be amended to read as follows:

10-59-1. The provisions of this chapter apply to any taxes or fees or persons subject to taxes or fees imposed by this Act and chapters 10-39, 10-39A, 10-39B, 10-43, 10-45, 10-46, 10-46A, 10-46B, 10-47B, 10-52, 32-3, 32-3A, 32-5, 32-5B, 32-6B, 32-9, 32-10, and 34A-13 and § § 22-25-48, 49-31-51, 50-4-13 to 50-4-17, inclusive, and the provisions of chapter 10-45B.

Section 10. If the secretary of revenue finds that the assessment or collection of the tax required to be paid under this Act is in jeopardy, the secretary may immediately make an assessment of the estimated tax, penalty, or interest and demand payment from the owner. If the payment is not made, a lien may be filed on the owner's real and personal property located in the state and a distress warrant issued.

Section 11. Each person subject to tax or responsible for payment of tax under this Act shall keep records and books of all receipts and sales, together with invoices, bills of lading, copies of bills of sale, and other pertinent papers and documents. Such books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue or the secretary's duly authorized agents and employees to determine the amount of tax due. Such books and records shall be preserved for a period of three years unless the secretary of revenue, in writing, authorized their destruction or disposal at an earlier date."

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 67 and HB 1002 and returns the same with the recommendation that said bills be referred to the Committee on State Affairs.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 2 and returns the same without recommendation.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 1 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1008 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1065, 1116, 1125, 1132, 1181, and 1187 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 second time.

Sen. Dennert moved that HCR 1006 as found on page 253 of the House Journal be concurred in.

The question being on Sen. Dennert's motion that HCR 1006 be concurred in.

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 1006 was concurred in.

SCR 3 Introduced by: Senators Vitter, Albers, Apa, Bogue, Brown (Arnold), Cradduck, Diedrich (Larry), Everist, Greenfield, Ham, Kleven, Madden, McCracken, Munson, Olson (Ed),

Putnam, and Symens and Representatives Rhoden, Derby, Duniphan, Eccarius, Hennies (Thomas), Lintz, McCoy, Napoli, Pederson (Gordon), Pummel, and Teupel

A CONCURRENT RESOLUTION, Requesting the forest service to address the forest health and wildfire risk crisis facing the Black Hills.

WHEREAS, an epidemic of bark beetles has already killed approximately 485,000 trees in the Black Hills National Forest and continues to spread throughout the forest; and

WHEREAS, the United States General Accounting Office Report to the House of Representatives' Subcommittee on Forests and Forest Health, GAO/RCED-99-65, stated in 1999 that, "The most extensive and serious problem related to the health of the national forests and forestlands in the interior West is the over-accumulation of vegetation"; and

WHEREAS, the beetle epidemic and chronic over-stocking has resulted in dangerously high fuel loading and subsequent risk of catastrophic wildfire in the Black Hills National Forest; and

WHEREAS, catastrophic wildfire risk across the Black Hills National Forest endangers the city of Sturgis, and numerous other communities, residents, residences, businesses, historic landmarks, livelihoods, and general public safety; and

WHEREAS, catastrophic wildfire risk across the Black Hills National Forest endangers the maintenance of all the forest's multiple-uses for all its multiple-users as mandated by the Multiple-Use Sustained-Yield Act of 1960 and the National Forest Management Act of 1976; and

WHEREAS, the USDA Forest Service announced in 1997 its commitment to resolve wildfire risks on National Forests by fiscal year 2015; and

WHEREAS, the completion of the Phase II Amendment to the Black Hills National Forest Plan is essential to enabling the forest to undertake large-scale fuel load reduction treatments; and

WHEREAS, the Settlement Agreement for Civil Action No. 99-N-2173, to which the USDA Forest Service was a party, states that, "Phase II is anticipated to be completed in 2002," leading to a public expectation that the Phase II Amendment would actually be finished in 2002:

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 South Dakota State Legislature beseeches the USDA Forest Service to rapidly address the forest health and wildfire risk crisis facing the Black Hills and endangering its residents; and

BE IT FURTHER RESOLVED, that the South Dakota State Legislature beseeches the USDA Forest Service to expeditiously complete the Phase II Amendment to the Forest Plan, no later than the end of 2002; and

BE IT FURTHER RESOLVED, that the South Dakota State Legislature is committed to assisting the USDA Forest Service in their procurement of whatever resources are necessary to achieve these ends.

Was read the first time and the President waived the committee referral and placed SCR 3 on the calendar for Tuesday, January 29, the 16^th legislative day.

HCR 1008: A CONCURRENT RESOLUTION, Supporting the Kids Voting Program.

Was read the first time and the President waived the committee referral and placed HCR 1008 on the calendar for Tuesday, January 29^th, the 16^th legislative day.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 187 Introduced by: The Committee on Appropriations

FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Bogue requested that HCR 1001 be removed from the Consent Calendar.

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

Was read the second time.

The question being "Shall HB 1008 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.

HB 1009: FOR AN ACT ENTITLED, An Act to revise the election procedures of certain special purpose districts.

Was read the second time.

The question being "Shall HB 1009 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.

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 second time.

The question being "Shall HB 1066 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 40: FOR AN ACT ENTITLED, An Act to allocate expenses of the investment council to certain trust funds and to provide provisions for the investment and the distribution of certain trust funds.

Was read the second time.

The question being "Shall SB 40 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 three-fourths majority of the members- elect, the President declared the bill passed and the title was agreed to.

SB 85: 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 and certain employee expense reimbursement provided by an agricultural cooperative.

Was read the second time.

Sen. Symens moved that SB 85 be further amended as follows:

On page 2, after line 4 of the Senate Taxation Committee engrossed bill, insert:

"Section 3. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

There are specifically exempted from the provisions of this chapter and from the computation of the tax imposed by it, the gross receipts from the sale of services rendered by a parent company to a local cooperative, if the local cooperative is a local contracting entity, for the purpose of paying for the services of an agent who meets with agricultural producers promoting, educating, and providing technical assistance and information on the parent company's products which are sold through a local contracting entity.

Section 4. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

There are specifically exempted from the provisions of this chapter and from the computation of the tax imposed by it, the gross receipts from employee expense reimbursement provided by an agricultural cooperative to a company, if the agricultural cooperative owns at least twenty-five percent of such company."

Which motion prevailed.

The question being "Shall SB 85 pass as amended?"

And the roll being called:

Yeas 18, Nays 17, Excused 0, Absent 0

Yeas:
Apa; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Greenfield; Hagen; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Volesky

Nays:
Albers; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Drake; Everist; Ham; Koskan; Madden; McCracken; Munson; Olson (Ed); Vitter; Whiting

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

The question being on the title.

Sen. Symens moved that the title to SB 85 be amended as follows:

On page 1, line 1 of the Senate Taxation Committee engrossed bill, after " sales " insert "and use".

Which motion prevailed and the title was so amended.

Sen. Everist announced her intention to reconsider the vote by which SB 85 was passed.

SB 134: FOR AN ACT ENTITLED, An Act to revise the authority of the South Dakota Student Loan Corporation regarding private activity bonds.

Was read the second time.

Sen. Diedtrich (Elmer) moved that SB 134 be deferred to Friday, February 1, the 19^th legislative day.

Which motion prevailed and the bill was so deferred.

SB 164: FOR AN ACT ENTITLED, An Act to require damage disclosure statements for certain large boats.

Was read the second time.

Sen. Diedtrich (Elmer) moved that SB 164 be deferred to Friday, February 1, the 19^th legislative day.

Which motion prevailed and the bill was so deferred.

SB 177: FOR AN ACT ENTITLED, An Act to revise and modify certain provisions relating to the award of child custody.

Was read the second time.

Sen. Hutmacher moved that SB 177 be deferred to Wednesday, January 30^th, the 17^th legislative day.

Which motion prevailed and the bill was so deferred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1065: FOR AN ACT ENTITLED, An Act to expand the South Dakota Retirement System board membership.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1116: FOR AN ACT ENTITLED, An Act to prohibit a person from being on the general election ballot for President or vice-president and another office.

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

HB 1125: FOR AN ACT ENTITLED, An Act to adjust the salary schedule for county sheriffs.

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

HB 1132: FOR AN ACT ENTITLED, An Act to establish a Children's Mental Health Task Force.

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

HB 1181: FOR AN ACT ENTITLED, An Act to prohibit directed suretyship.

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

HB 1187: FOR AN ACT ENTITLED, An Act to allow certain school district transfers.

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

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 121 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 107 and HB 1011 and 1014 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 73 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5 of the printed bill, after " at " insert "wholesale,".

On page 1 , line 5, after " retail " insert ",".

On page 1 , line 11, after " card " insert "or any prepaid adult entertainment telephone card".

On page 1 , line 11, after " person " insert "under".

On page 1 , line 11, delete " or younger " .

On page 1 , after line 11, insert:

"Section 3. A prepaid adult entertainment telephone card is a product, either sold at wholesale, retail, or distributed gratis as a promotion, which permits the cardholder to access one or more adult entertainment telephone services for a predetermined number of minutes by means of a telephone number and an access code or password unique to each card. The cardholder places the telephone call and gains entry to the service for purposes of engaging in sexually-explicit telephone conversations with one or more adults. When the predetermined number of minutes has been exhausted, the card automatically expires.

Section 4. Any person who knowingly participates in any conduct proscribed by this Act is liable for civil damages.

Section 5. Any of the following persons may bring an action for damages caused by another person's conduct as proscribed by this Act:

(1) The victimized minor;

(2) A parent, legal guardian, or sibling of a victimized minor; or

(3) Any person injured as a result of the willful, reckless, or negligent actions of a person who knowingly participated in conduct proscribed by this Act.

If the parent or guardian is named as a defendant in the action, the court shall appoint a special guardian to bring the action on behalf of the minor.

Section 6. Any person entitled to bring an action under section 5 of this Act may seek damages from any person who knowingly participated in the sale or in the chain of distribution of any prepaid adult entertainment card or any prepaid adult entertainment telephone card proscribed by this Act.

Section 7. Any person entitled to bring an action under section 5 of this Act may recover all of the following damages:

(1) Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the proscribed conduct;

(2) Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by the proscribed conduct;

(3) Exemplary damages;

(4) Attorneys' fees; and

(5) Disbursements.

Section 8. Any action for damages under this Act shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury caused by violations of this Act. The knowledge of a parent, guardian, or custodian may not be imputed to the minor.

For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by minority."

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 169 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 4 of the printed bill, after " partnership. " insert "Section 48-7-303 also applies to limited partners.".

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

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the printed bill, after " parties " insert " in the same manner as service of the summons in the action as provided in § 26-7A-47 ".

On page 1 , line 9, overstrike " § 26-7A-47 and " .

And that as so amended said bill 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 74 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Fred C. Whiting, Chair

SIGNING OF BILLS

The President publicly read the title to

HB 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions related to livestock brands and livestock ownership inspection.

And signed the same in the presence of the Senate.

Sen. Olson (Ed) moved that the Senate do now adjourn, which motion prevailed and at 2:54 p.m. the Senate adjourned.

Patricia Adam, Secretary