JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



EIGHTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 31, 2002

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by Senate page Jing Jin.

     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 seventeenth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1185 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 130 and returns the same with the recommendation that said bill be amended as follows:

130rb

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

     "Section 1. The Department of Game, Fish and Parks and the Department of Agriculture are directed to develop a state prairie dog management plan. The plan shall formulate state management actions that will serve to prevent the prairie dog from being listed as a federal threatened species. If such plan or agreement contains provisions for incentive payments to private landowners for managing prairie dog habitat or restricts private landowner rights to use rodenticides on their property, the plan or agreement shall be submitted to the South Dakota Legislature, in bill form, for approval, amendment, or rejection, prior to it becoming effective.

     Section 2. Nothing contained in this Act precludes the Department of Game, Fish and Parks or Department of Agriculture from performing their respective management responsibilities. However, to the extent that the provisions of § §  40-36-1, 40-36-9, and 34A-8-7 pertain to prairie dogs, the provisions of section 1 of this Act supersede any contradictory provision of such statutes."


130ta

     On the previously adopted amendment (130rb), delete the paragraph labeled as Section 1, and insert:

     "Section 1. The Department of Game, Fish and Parks and the Department of Agriculture are directed to develop a state prairie dog management plan. The plan shall formulate state management actions that will serve to prevent the prairie dog from being listed as a federal threatened species. If such plan or any agreement adopted pursuant to such plan contains provisions for incentive payments to private landowners for managing prairie dog habitat or restricts private landowner rights to use rodenticides on their property, the plan or any agreement adopted pursuant to such plan shall be submitted to the South Dakota Legislature, in bill form, for approval or rejection, prior to it becoming effective."

130tc

     On the previously adopted amendment (130ta), in the last sentence, after "rodenticides", insert "or to use any other means of controlling prairie dogs".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1042 and returns the same with the recommendation that said bill be amended as follows:

1042ta

     On page 1 , line 9 of the printed bill, overstrike everything after " valid " .

     On page 1 , line 10, delete everything before " provided " and insert " or as limited and for the license year as ".

     On page 2 , line 18, delete everything before " provided " and insert "of the calendar license year as ".

     On page 2 , delete lines 21 to 23 , inclusive, and insert:

    "41-6-72. Licenses issued under this title expire at the end of the last day of December of the calendar year for which they were issued unless specified otherwise in this chapter or as limited or are valid for the license year as provided by the applicable license and rules promulgated by the Game, Fish and".


     On page 3 , line 22, delete everything before " provided " and insert " calendar license year as ".

     And that as so amended 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  5, 87, 92, and 102 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  105 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 HB 1115 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Drue J. Vitter, Chair

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 46 was delivered to his Excellency, the Governor, for his approval at 8:50 a.m., January 31, 2002.

Respectfully submitted,
Arnold M. Brown, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1012 which has been adopted by the House and your concurrence is respectfully requested.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1067, 1091, 1151, 1153, 1172, 1190, 1226, and 1258 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 1, the 19th legislative day.

     Which motion prevailed.

     HCR 1012:   A CONCURRENT RESOLUTION,   Urging a reconsideration of the Food and Drug Administration's approval of mifepristone (RU-486), an investigation into the process followed in approving this drug, and a reassessment of the drug's safety.

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

     SCR 5   Introduced by:  Senators Vitter and Sutton (Dan) and Representatives Lange and Slaughter

         A CONCURRENT RESOLUTION,  Designating "Yesterday's Tomorrows" in the city of Madison.

     WHEREAS,  South Dakota has been and continues to be home to any number of industrious and innovative people who have thought about our state's future; and

     WHEREAS,  the Smithsonian Institution's "Museum on Main Street" program offers a portable exhibition that looks at finding the future in the media, the design of homes, methods of transportation, and community planning; and

     WHEREAS,  the South Dakota Humanities Council selected seven South Dakota communities to host the exhibition in 2002; and

     WHEREAS,  each of these communities will examine and celebrate the ways in which their residents over the years have envisioned the future through auxiliary displays and events during their hosting which will involve countless numbers of visitors and residents; and

     WHEREAS,  the city of Madison is one of those communities on the tour:

     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 March 18 - April 19, 2002, be named "Yesterday's Tomorrows" in the city of Madison.

     Was read the first time, the President waived the committee referral, and placed SCR 5 on the calendar of Friday, February 1, the 19th legislative day.

     SCR 6   Introduced by:  Senators Vitter and Kleven and Representatives Pummel and Rhoden


         A CONCURRENT RESOLUTION,  Designating "Yesterday's Tomorrows" in the city of Belle Fourche.

     WHEREAS,  South Dakota has been and continues to be home to any number of industrious and innovative people who have thought about our state's future; and

     WHEREAS,  the Smithsonian Institution's "Museum on Main Street" program offers a portable exhibition that looks at finding the future in the media, the design of homes, methods of transportation, and community planning; and

     WHEREAS,  the South Dakota Humanities Council selected seven South Dakota communities to host the exhibition in 2002; and

     WHEREAS,  each of these communities will examine and celebrate the ways in which their residents over the years have envisioned the future through auxiliary displays and events during their hosting which will involve countless numbers of visitors and residents; and

     WHEREAS,  the city of Belle Fourche is one of those communities on the tour:

     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 June 10 - July 12, 2002, be named "Yesterday's Tomorrows" in the city of Belle Fourche.

     Was read the first time, the President waived the committee referral, and placed SCR 6 on the calendar of Friday, February 1, the 19th legislative day.

     SCR 7   Introduced by:  Senators Vitter and Hutmacher and Representatives Bartling and Nachtigal

         A CONCURRENT RESOLUTION,  Designating "Yesterday's Tomorrows" in the city of Chamberlain.

     WHEREAS,  South Dakota has been and continues to be home to any number of industrious and innovative people who have thought about our state's future; and

     WHEREAS,  the Smithsonian Institution's "Museum on Main Street" program offers a portable exhibition that looks at finding the future in the media, the design of homes, methods of transportation, and community planning; and

     WHEREAS,  the South Dakota Humanities Council selected seven South Dakota communities to host the exhibition in 2002; and

     WHEREAS,  each of these communities will examine and celebrate the ways in which their residents over the years have envisioned the future through auxiliary displays and events during their hosting which will involve countless numbers of visitors and residents; and

     WHEREAS,  the city of Chamberlain is one of those communities on the tour:

     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 April 29 - May 31, 2002, be named "Yesterday's Tomorrows" in the city of Chamberlain.

     Was read the first time, the President waived the committee referral, and placed SCR 7 on the calendar of Friday, February 1, the 19th legislative day.

     SCR 8   Introduced by:  Senator Vitter and Representatives Pederson (Gordon) and Lintz

         A CONCURRENT RESOLUTION,  Designating "Yesterday's Tomorrows" in the city of Hill City.

     WHEREAS,  South Dakota has been and continues to be home to any number of industrious and innovative people who have thought about our state's future; and

     WHEREAS,  the Smithsonian Institution's "Museum on Main Street" program offers a portable exhibition that looks at finding the future in the media, the design of homes, methods of transportation, and community planning; and

     WHEREAS,  the South Dakota Humanities Council selected seven South Dakota communities to host the exhibition in 2002; and

     WHEREAS,  each of these communities will examine and celebrate the ways in which their residents over the years have envisioned the future through auxiliary displays and events during their hosting which will involve countless numbers of visitors and residents; and

     WHEREAS,  the city of Hill City is one of those communities on the tour:

     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 July 22 - August 23, 2002, be named "Yesterday's Tomorrows" in the city of Hill City.

     Was read the first time, the President waived the committee referral, and placed SCR 8 on the calendar of Friday, February 1, the 19th legislative day.

     SCR 9   Introduced by:  Senators Vitter and de Hueck and Representatives Monroe and Garnos

         A CONCURRENT RESOLUTION,  Designating "Yesterday's Tomorrows" in the city of Pierre.

     WHEREAS,  South Dakota has been and continues to be home to any number of industrious and innovative people who have thought about our state's future; and

     WHEREAS,  the Smithsonian Institution's "Museum on Main Street" program offers a portable exhibition that looks at finding the future in the media, the design of homes, methods of transportation, and community planning; and

     WHEREAS,  the South Dakota Humanities Council selected seven South Dakota communities to host the exhibition in 2002; and

     WHEREAS,  each of these communities will examine and celebrate the ways in which their residents over the years have envisioned the future through auxiliary displays and events during their hosting which will involve countless numbers of visitors and residents; and

     WHEREAS,  the city of Pierre is one of those communities on the tour:

     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 November 25 - December 29, 2002, be named "Yesterday's Tomorrows" in the city of Pierre.

     Was read the first time, the President waived the committee referral, and placed SCR 9 on the calendar of Friday, February 1, the 19th legislative day.

     SCR 10   Introduced by:  Senators Vitter and Duxbury and Representatives Burg and Hargens

         A CONCURRENT RESOLUTION,  Designating "Yesterday's Tomorrows" in the city of Redfield and Spink County.

     WHEREAS,  South Dakota has been and continues to be home to any number of industrious and innovative people who have thought about our state's future; and

     WHEREAS,  the Smithsonian Institution's "Museum on Main Street" program offers a portable exhibition that looks at finding the future in the media, the design of homes, methods of transportation, and community planning; and

     WHEREAS,  the South Dakota Humanities Council selected seven South Dakota communities to host the exhibition in 2002; and

     WHEREAS,  each of these communities will examine and celebrate the ways in which their residents over the years have envisioned the future through auxiliary displays and events during their hosting which will involve countless numbers of visitors and residents; and

     WHEREAS,  the city of Redfield and Spink County is one of those communities on the tour:

     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 October 12 - November 15, 2002, be named "Yesterday's Tomorrows" in the city of Redfield and Spink County.

     Was read the first time, the President waived the committee referral, and placed SCR 10 on the calendar of Friday, February 1, the 19th legislative day.

      SCR 11   Introduced by:  Senators Vitter and Apa and Representatives Teupel and Madsen

         A CONCURRENT RESOLUTION,  Designating "Yesterday's Tomorrows" in Deadwood and the Deadwood Adams House Museum.

     WHEREAS,  South Dakota has been and continues to be home to any number of industrious and innovative people who have thought about our state's future; and

     WHEREAS,  the Smithsonian Institution's "Museum on Main Street" program offers a portable exhibition that looks at finding the future in the media, the design of homes, methods of transportation, and community planning; and

     WHEREAS,  the South Dakota Humanities Council selected seven South Dakota communities to host the exhibition in 2002; and

     WHEREAS,  each of these communities will examine and celebrate the ways in which their residents over the years have envisioned the future through auxiliary displays and events during their hosting which will involve countless numbers of visitors and residents; and

     WHEREAS,  Deadwood and the Deadwood Adams House Museum is one of those communities on the tour:

     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 September 2 - October 4, 2002, be named "Yesterday's Tomorrows" in Deadwood and the Deadwood Adams House Museum.

     Was read the first time, the President waived the committee referral, and placed SCR 11 on the calendar of Friday, February 1, the 19th legislative day.

     Sen. Whiting moved that the Senate do concur in House amendments to SB 22.

     The question being on Sen. Whiting's motion that the Senate do concur in House amendments to SB 22.

     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 the amendments were concurred in.


     Yesterday, Sen. Moore announced his intention to reconsider the vote by which SB 118 was passed.

     Sen. Moore moved that the Senate do now reconsider the vote by which SB 118 was passed.

     The question being on Sen. Moore's motion to reconsider the vote by which SB 118 was passed.

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; de Hueck; Diedrich (Larry); Drake; Greenfield; Hagen; Hutmacher; Koetzle; Koskan; Madden; Moore; Putnam; Reedy; Staggers; Sutton (Dan)

     Nays:
Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedtrich (Elmer); Duxbury; Everist; Ham; Kleven; McCracken; McIntyre; Munson; Olson (Ed); Symens; Vitter; Volesky; Whiting

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

     Yesterday, Sen. Hutmacher announced his intention to reconsider the vote by which HB 1038 was passed.

     Sen. Hutmacher moved that the Senate do now reconsider the vote by which HB 1038 was passed.

     The question being on Sen. Hutmacher's motion to reconsider the vote by which HB 1038 was passed.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Kleven

     Excused:
Whiting

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1038 was up for reconsideration and final passage.

     Sen. Hutmacher moved that HB 1038 be placed on the calendar of Friday, February 1, the 19th legislative day.

     Which motion prevailed and HB 1038 was so placed.

     HCR 1011:   A CONCURRENT RESOLUTION,   Expressing the support of the Legislature for the construction and operation of a federal Western Grasslands Invasive Weed Laboratory in Rapid City, South Dakota.

     Sen. Vitter moved that HCR 1011 as found on page 315 of the House Journal be concurred in.

     The question being on Sen. Vitter's motion that HCR 1011 be concurred in.

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1011 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 183 as found on page 278 of the Senate Journal ; also

     State Affairs on SB 184 as found on page 278 of the Senate Journal ; also


     Local Government on SB 114 as found on page 280 of the Senate Journal ; also

     Local Government on HB 1221 as found on page 281 of the Senate Journal ; also

     Taxation on SB 95 as found on page 293 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Madden requested that SB 94 be removed from the Consent Calendar.

     Sen. Apa requested that HB 1125 be removed from the Consent Calendar.

     SB 49:   FOR AN ACT ENTITLED, An Act to   authorize inmates to waive parole hearings.

     Was read the second time.

     The question being "Shall SB 49 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
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 1076:   FOR AN ACT ENTITLED, An Act to   revise certain membership requirements for county and municipal housing and redevelopment commissions.

     Was read the second time.

     The question being "Shall HB 1076 pass as amended?"

     And the roll being called:


     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Whiting

     So the 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 91:   FOR AN ACT ENTITLED, An Act to   provide for DNA testing for certain inmates.

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

     Sen. Staggers moved that SB 91 be deferred to Monday, February 4, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 73:   FOR AN ACT ENTITLED, An Act to   prohibit the sale of prepaid adult entertainment cards and to provide a penalty therefor.

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

73fa

     Sen. Bogue moved that SB 73 be further amended as follows:

     On page 1, line 7 of the Senate Judiciary Committee engrossed bill, delete everything after " card. "

     On page 1 , delete lines 8 and 9 .

     On page 2 , line 3, delete everything after " card. "

     On page 2 , delete lines 4 to 6 , inclusive.

     On page 3 , after line 14, insert:

     "Section 9. As a public nuisance, all prepaid adult entertainment cards and prepaid adult entertainment telephone cards are subject to seizure and destruction without compensation by any law enforcement agency with appropriate jurisdiction."

     Which motion prevailed.

     The question being "Shall SB 73 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; 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

     Excused:
Diedrich (Larry)

     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 47:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Corrections to release juvenile information to the adult corrections system.

     Was read the second time.

     Sen. Everist moved that SB 47 be placed to follow SB 145 on today's calendar.

     Which motion prevailed.

     SB 96:   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 second time.

     The question being "Shall SB 96 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; 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

     Excused:
Brown (Arnold)

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

     Was read the second time.

     Sen. de Hueck moved that SB 126 be placed to follow SB 146 on today's calendar.

     Which motion prevailed.

     SB 145:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for school district reorganization.

     Was read the second time.

     The question being "Shall SB 145 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent 0

     Yeas:
Albers; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Hagen; Hutmacher; Koskan; McIntyre; Moore; Munson; Reedy; Staggers; Symens; Vitter; Volesky

     Nays:
Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Drake; Everist; Greenfield; Ham; Kleven; Koetzle; Madden; McCracken; Olson (Ed); Putnam; Sutton (Dan); Whiting

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


      SB 47:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Corrections to release juvenile information to the adult corrections system.

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

47ra

     Sen. Everist moved that SB 47 be amended as follows:

     On page 2, line 3 of the printed bill, after " 26-8A-13. " insert:

" Any information about a juvenile released by a juvenile correctional facility or program to the Department of Corrections pursuant to this section shall be destroyed by the Department of Corrections within four years of its receipt. "


     On page 2 , line 15, after " Corrections. " insert:

" Any information about a juvenile released by a juvenile correctional facility or program to the Department of Corrections pursuant to this section shall be destroyed by the Department of Corrections within two years of its receipt. "


     Which motion prevailed.

     The question being "Shall SB 47 pass as amended?"

     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; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Koetzle

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

     SB 146:   FOR AN ACT ENTITLED, An Act to   revise the issuance and validity of certain fall three-day temporary nonresident waterfowl licenses.

     Was read the second time.

     The question being "Shall SB 146 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent 0

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

     Nays:
Bogue; Hutmacher; Koskan; Staggers; Sutton (Dan); Vitter

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

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

126ra

     Sen. de Hueck moved that SB 126 be amended as follows:

     On page 1, line 10 of the printed bill, after " employment " insert " or has admitted, either under oath or in a signed confession, to the commission of a felony, any sex offense, or any crime involving illegal drugs or illegal use of legal drugs, whether the felony, offense, or crime occurred prior to or during the course of employment ".

     On page 3 , line 5, delete " intentionally " .

     On page 4 , remove the overstrikes from line 2 .

     Which motion prevailed.

     The question being "Shall SB 126 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, Absent 0

     Yeas:
Apa; Bogue; Brosz; Cradduck; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Everist; Greenfield; Hagen; Hutmacher; Koetzle; Madden; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Albers; Brown (Arnold); Daugaard; Drake; Duxbury; Ham; Kleven; Koskan; McCracken; Munson; Olson (Ed); Putnam; Staggers; Vitter

     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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1067:   FOR AN ACT ENTITLED, An Act to   establish a fee for the assignment of a vehicle identification number.

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

     HB 1091:   FOR AN ACT ENTITLED, An Act to   make compliance with federal selective service requirements a condition of obtaining certain driver licenses.

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

     HB 1151:   FOR AN ACT ENTITLED, An Act to   require the secretary of state to conduct a pilot program granting certain secured parties the ability to file and provide a procedure to record a financing statement for security interest on agricultural lien and to provide rule-making authority to implement the pilot program.

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

     HB 1153:   FOR AN ACT ENTITLED, An Act to   provide procedural requirements for ineligibility orders issued by the division of insurance and to repeal a surplus line insurer's responsibility to remit surplus lines tax not remitted by an unlicenced surplus lines broker.

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

     HB 1172:   FOR AN ACT ENTITLED, An Act to   modify the duration period and signing requirements for vehicle weight restrictions.

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


      HB 1190:   FOR AN ACT ENTITLED, An Act to   revise certain insurance provisions regarding the surety bonds that are exempt from the requirements of countersignature by resident agents.

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

     HB 1226:   FOR AN ACT ENTITLED, An Act to   eliminate certain waiting periods and notice requirements associated with certificates of release for mortgages.

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

     HB 1258:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the nurses' education assistance loan program, to assess a fee on certain health care facilities for the program, and to make an appropriation for the program.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1037:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Revenue to deny a motor vehicle registration or title to certain commercial motor carriers and to provide for the suspension or revocation of certain commercial motor carrier registration, license plates, or permits.

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

     The question being "Shall HB 1037 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 7, Excused 2, Absent 0

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

     Nays:
Bogue; Drake; Greenfield; Kleven; Koskan; Moore; Staggers

     Excused:
de Hueck; Koetzle

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

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

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

     The question being "Shall HB 1046 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Staggers

     Excused:
Koetzle

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

     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 second time.

     The question being "Shall HB 1047 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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


     Excused:
Everist; Koetzle; Vitter

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

     Was read the second time.

     Sen. Olson (Ed) moved that HB 1080 be deferred to Friday, February 1, the 19th legislative day.

     Which motion prevailed and the bill was so deferred.

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

     Was read the second time.

     Sen. Greenfield moved that HB 1132 be deferred to Monday, February 4, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     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 second time.

     The question being "Shall HB 1163 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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


     Nays:
Bogue

     Excused:
Duxbury; Everist; Koetzle

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

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

MOTIONS AND RESOLUTIONS


     Sen. Brown (Arnold) moved that HB 1067 be referred from the Committee on Transportation to the Committee on Commerce.

     Which motion prevailed and the bill was so referred.

SIGNING OF BILLS


     The President publicly read the title to

     HB 1011: FOR AN ACT ENTITLED, An Act to  revise the method by which a withholding order may be served for the purpose of collecting child support.

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

     HB 1017: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to the commitment of persons with developmental disabilities.

     HB 1106: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the confidential nature of peer review activities of physicians.

     And signed the same in the presence of the Senate.

     Sen. Drake moved that the Senate do now adjourn, which motion prevailed and at 4:03 p.m. the Senate adjourned.

Patricia Adam, Secretary