Senate Journal 02/04/2002 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SEVENTH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 4, 2002

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

The prayer was offered by the Chaplain, John Fette, followed by the Pledge of Allegiance led by Senate page Laura Van't Land.

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 nineteenth 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 -- Cy Fixen, Kathleen Grode, Erich Heber, Rachel Hilt, Chris Jung, Deneige Miles, Carl Rasmussen, Lisha Sandve, Catherine Schlimgen, Jael Trieb, Laura Van't Land, and Kelly Wetzbarger

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

HONORED GUESTS

The President introduced the 2001-2002 Easter Seals Family of the Year: Four year old Austin VanNoort, his mother, Jill Ballinger, and his sister, Kristina, of Canton, accompanied by Pat Miller, CEO of Easter Seals of South Dakota. They were escorted to the rostrum by Sen. Albers.

The President introduced Kendra Dwight of Rapid City, the current South Dakota Girls State Governor, escorted by Sen. Whiting, and John Rapinchuk of Watertown, the current South Dakota Boys State Governor, escorted by Sen. Brosz.

COMMUNICATIONS AND PETITIONS

February 4, 2002

Madam President and Members of the Senate:

I have the honor to inform you that I have approved Senate Bill 20, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 181 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. There is hereby established a minimum wage task force. The task force shall study the potential effect on workers and businesses of the state of an increase in the state minimum wage. The task force shall also explore the advantages and disadvantages of the state minimum wage being the same as the federal minimum wage. The task force shall make its recommendations to the 2003 Legislature. The task force shall be appointed by the Governor and shall represent various occupations within South Dakota."

On page 1, line 1 of the printed bill, delete " increases to " and insert "a study of".

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 59, 98, and 162 which were 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 HB 1241 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 Health and Human Services respectfully reports that it has had under consideration HCR 1012 and returns the same with the recommendation that said resolution be concurred in.

Respectfully submitted,
Kenneth D. Albers, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1222 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the House Local Government Committee engrossed bill, delete " body " and insert " body's compensation schedule, if such schedule exists. If no such schedule exists, the salary shall be set by the local governing body ".

On page 2 , line 12, delete " body " and insert " body's compensation schedule. If no such schedule exists, the salary shall be set by the library board ".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 69 and tabled the same.

Respectfully submitted,
Arlene H. Ham, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1036 and 1074 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 Taxation respectfully reports that it has had under consideration SB 83 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10 of the printed bill, delete " five " and insert " six and one-half ".

And that as so amended said bill do pass.

Respectfully submitted,
Eric H. Bogue, Chair

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 22 was delivered to his Excellency, the Governor, for his approval at 8:48 a.m., February 4, 2002.

Respectfully submitted,
Arnold M. Brown, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SCR 4 in which the House has concurred.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1015.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1256, 1257, and 1295 and HJR 1009 and 1010 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Everist moved that HB 1233, having failed to receive House approval, be withdrawn from the Senate Committee on Taxation and returned to the house of origin.

Which motion prevailed.

Sen. Koskan moved that the Committee on Judiciary be instructed to deliver SB 155 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

On Friday, Sen. McIntyre announced his intention to reconsider the vote by which SB 92 was lost.

Sen. McIntyre moved that the Senate do now reconsider the vote by which SB 92 was lost.

The question being on Sen. McIntyre's motion to reconsider the vote by which SB 92 was lost.

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

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

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

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 14 as found on page 323 of the Senate Journal ; also

State Affairs on SB 182 as found on page 323 of the Senate Journal ; also

Commerce on SB 29 as found on page 325 of the Senate Journal ; also

Commerce on SB 108 as found on page 325 of the Senate Journal ; also

Commerce on SB 136 as found on page 326 of the Senate Journal ; also

Appropriations on SB 185 as found on page 327 of the Senate Journal ; also

Judiciary on HB 1138 as found on page 330 of the Senate Journal ; also

Taxation on SB 133 as found on page 344 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 109: FOR AN ACT ENTITLED, An Act to exempt certain insurers and intermediaries from mortgage lending licensing.

Was read the second time.

The question being "Shall SB 109 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 1016: FOR AN ACT ENTITLED, An Act to eliminate filing and service fees regarding protection orders for domestic abuse and stalking.

Was read the second time.

The question being "Shall HB 1016 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 1042: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to revise the expiration date of certain hunting licenses.

Was read the second time.

The question being "Shall HB 1042 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 1104: FOR AN ACT ENTITLED, An Act to prohibit the filing of false financing statements.

Was read the second time.

The question being "Shall HB 1104 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 1203: FOR AN ACT ENTITLED, An Act to revise the procedure for foreclosure by advertisement.

Was read the second time.

The question being "Shall HB 1203 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.

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.

The question being "Shall SB 91 pass?"

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Yeas:
Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

Nays:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Drake; Kleven; Koskan; Putnam; Vitter

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

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

Sen. Everist moved that SB 134 be deferred to Thursday, February 7, the 23^rd legislative day.

Which motion prevailed and the bill was so deferred.

SB 183: FOR AN ACT ENTITLED, An Act to prohibit misleading unsolicited commercial e-mails.

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

Sen. Daugaard moved that SB 183 be further amended as follows:

On page 2, line 17 of the Senate State Affairs Committee engrossed bill, delete " ; " and insert "."

On page 2 , delete line 18 .

On page 3 , delete lines 9 to 12 , inclusive.

Which motion prevailed.

The question being "Shall SB 183 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

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

Nays:
Drake; Greenfield; 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 184: FOR AN ACT ENTITLED, An Act to protect the children of South Dakota against sexual exploitation by criminalizing certain conduct involving children and the internet, to provide for civil remedies, to require certain people to report suspected violations, and to revise certain provisions regarding the unlawful use of computers.

Was read the second time.

The question being "Shall SB 184 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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

SB 90: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Was read the second time.

Sen. Everist moved that SB 90 be amended as follows:

On page 1, line 3 of the printed bill, delete " fifty thousand " and insert "twenty-five thousand dollars ($25,000)".

On page 1 , line 4, delete " dollars ($50,000) " .

Sen. Dennert requested a roll call vote.

Which request was supported.

The question being on Sen. Everist's motion that SB 90 be amended.

And the roll being called:

Yeas 14, Nays 20, Excused 1, Absent 0

Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Drake; Everist; Ham; Madden; McCracken; Munson; Staggers; Whiting

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

Excused:
Olson (Ed)

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

The question being "Shall SB 90 pass?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Madden; Staggers

Excused:
Albers

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

Was read the second time.

The question being "Shall SB 110 pass?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

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

Nays:
Apa; Greenfield; 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 120: FOR AN ACT ENTITLED, An Act to authorize additional off-sale retail liquor licenses in certain first class municipalities.

Was read the second time.

Sen. McCracken moved that SB 120 be amended as follows:

On page 2, line 3 of the printed bill, after " fence, " delete " rope, railing, " .

Sen. Moore moved as a substitute motion that SB 120 be amended as follows:

On page 2 of the printed bill, delete line 3 , and insert:

" is a wall at least eight feet in height erected for the sole purpose of ".

Which motion lost.

The question being on Sen. McCracken's motion that SB 120 be amended.

Which motion prevailed.

The question being "Shall SB 120 pass as amended?"

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Albers; Apa; Brosz; Brown (Arnold); Cradduck; Daugaard; Diedrich (Larry); Diedtrich (Elmer); Everist; Greenfield; Koetzle; Madden; McCracken; McIntyre; Olson (Ed); Staggers; Sutton (Dan); Vitter; Volesky; Whiting

Nays:
Bogue; de Hueck; Dennert; Drake; Duxbury; Hagen; Ham; Hutmacher; Kleven; Koskan; Moore; Putnam; Reedy; Symens

Excused:
Munson

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

Was read the second time.

Sen. Bogue moved that SB 130 be deferred to Tuesday, February 5, the 21^st legislative day.

Which motion prevailed and the bill was so deferred.

SB 186: FOR AN ACT ENTITLED, An Act to appropriate funds from the water and environment fund and the environment and natural resources fee fund and to declare an emergency.

Was read the second time.

The question being "Shall SB 186 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

SJR 3: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election, an amendment to Article VIII of the Constitution of the State of South Dakota, relating to scholarships for students attending certain universities, colleges, and technical schools located in the state.

Was read the second time.

The question being "Shall SJR 3 pass?"

And the roll being called:

Yeas 22, Nays 13, Excused 0, Absent 0

Yeas:
Albers; Apa; Cradduck; Daugaard; Dennert; Duxbury; Everist; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Olson (Ed); Staggers; Vitter; Volesky; Whiting

Nays:
Bogue; Brosz; Brown (Arnold); de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Munson; Putnam; Reedy; Sutton (Dan); Symens

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

SJR 4: A JOINT RESOLUTION, proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota specifying the minimum vote necessary to opt out of the property tax freeze.

Was read the second time.

Sen. Everist moved that SJR 4 be deferred to Tuesday, February 5, the 21^st legislative day.

Which motion prevailed and the resolution was so deferred.

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 HB 1131 and 1224 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 140 and 142 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 HB 1170 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the House Judiciary Committee engrossed bill, after " causes " insert "human".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1180 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the House Local Government Committee engrossed bill, delete line 12 , and insert "may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs. "

On page 2 , line 10, delete everything before " . " and insert "exceed one thousand five hundred dollars plus an amount equal to any taxable court costs ".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1189 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the House Judiciary Committee engrossed bill, delete lines 11 to 13 , inclusive.

On page 2 , delete lines 1 to 3 , inclusive.

On page 1, line 1 of the House Judiciary Committee engrossed bill, delete " and to increase the " and insert "."

On page 1 , delete line 2 .

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 141 and returns the same with the recommendation that said bill be amended as follows:

On page 5 of the printed bill, delete line 18 , and insert "of the two preceding valuation years;".

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

Respectfully submitted,
Fred C. Whiting, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding title insurance reserves.

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

HB 1257: FOR AN ACT ENTITLED, An Act to revise the requirements for volunteer firefighters to become eligible for workers' compensation.

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

HB 1295: FOR AN ACT ENTITLED, An Act to provide for the voters' consideration of a proposed constitutional amendment to Article XVII in June 2002, to make an appropriation therefor, and to declare an emergency.

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

HJR 1009: A JOINT RESOLUTION, Proposing and submitting to the electors at the June 2002 primary election amendments to Article XVII of the Constitution of the State of South Dakota, relating to restrictions on corporate farming.

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

HJR 1010: A JOINT RESOLUTION, proposing and submitting to the electors at the next general election an amendment to Article IV, section 4, of the Constitution of the State of South

Dakota, extending the time allowed for the Governor's review of legislation passed by the Legislature.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

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

The question being "Shall HB 1132 pass?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Bogue; Koskan

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 1038: FOR AN ACT ENTITLED, An Act to authorize certain law enforcement vehicles to exceed speed limits without the use of an audible siren, air horn, or flashing emergency lights under certain conditions.

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

Sen. Vitter moved that HB 1038 be further amended as follows:

On page 1, line 12 of the Senate engrossed bill, after " any " insert " certified ".

On page 1 , line 14, delete " or " .

On page 1 , line 14, after " any " insert " certified ".

On page 1 , line 14, delete " in pursuit of " and insert " overtaking ".

On page 1 , line 15, delete everything after " the law " and insert " , or while any certified law enforcement officer is responding to an emergency call ".

On page 2 , line 1, delete " enforcement officers " .

Which motion prevailed.

The question being "Shall HB 1038 pass as amended?"

And the roll being called:

Yeas 22, Nays 13, Excused 0, Absent 0

Yeas:
Albers; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Greenfield; Ham; Hutmacher; Kleven; Koskan; McCracken; Moore; Munson; Olson (Ed); Sutton (Dan); Vitter; Whiting

Nays:
Apa; Bogue; de Hueck; Everist; Hagen; Koetzle; Madden; McIntyre; Putnam; Reedy; Staggers; Symens; Volesky

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.

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

Sen. Olson (Ed) moved that HB 1080 be amended as follows:

On page 1 of the printed bill, delete lines 8 and 9 .

On page 1 , line 10, delete everything before " Loans " .

On page 1 , line 13, after " renewed. " insert:

" Loans and grants may be made to nonprofit historical organizations, municipalities, and other local governmental entities for the full cost of purchase, restoration, and development of structures that will have a public use. "

Which motion prevailed.

The question being "Shall HB 1080 pass as amended?"

And the roll being called:

Yeas 17, Nays 17, Excused 1, Absent 0

Yeas:
Apa; Bogue; Brown (Arnold); Cradduck; Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Sutton (Dan); Vitter; Whiting

Nays:
Albers; Brosz; de Hueck; Dennert; Duxbury; Everist; Hagen; Ham; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Reedy; Staggers; Symens; Volesky

Excused:
Greenfield

The Senators being equally divided the President voted "Yea."

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

Was read the second time.

The question being "Shall HB 1125 pass as amended?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Apa; Bogue; Brown (Arnold); Daugaard; Drake; Greenfield; 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.

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

Was read the second time.

Sen. Moore moved that HB 1221 be further amended as follows:

On page 2, after line 9 of the printed bill, insert:

" Section 2. The provisions of this Act are effective on January 1, 2003."

Which motion prevailed.

The question being "Shall HB 1221 pass as amended?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

Yeas:
Albers; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedtrich (Elmer); 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:
Apa; Bogue; Diedrich (Larry); Drake; 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.

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 second time.

The question being "Shall HB 1139 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.

SIGNING OF BILLS

The President publicly read the title to

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.

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

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.

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.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 10 Introduced by: Senators Kleven, 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, and Whiting and Representatives Rhoden, Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Davis, Derby, Duenwald, Duniphan, Eccarius, Elliott, Flowers, Frost, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Kloucek, Koistinen, Konold, Kooistra, Lange, Lintz, Madsen,

McCaulley, McCoy, Michels, Monroe, Murschel, Nachtigal, Napoli, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pitts, Pummel, Richter, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Valandra, Van Etten, Van Gerpen, Van Norman, and Wick

A LEGISLATIVE COMMEMORATION, Honoring Coleen C. Keffeler of Sturgis on her selection as National Teacher of the Year for Career and Technical Education.

WHEREAS, Coleen C. Keffeler, a schools-to-career coordinator at Sturgis Brown High School, was chosen as National Teacher of the Year for Career and Technical Education and also earned similar distinctions on both the regional and state levels; and

WHEREAS, Coleen C. Keffeler is recognized by the Association for Career and Technical Education, a national professional association with over thirty-six thousand members, for her innovative teaching skills and leadership among career and technical educators; and

WHEREAS, Coleen C. Keffeler is an effective leader who shares her many talents with her students by successfully placing them in the youth internship program at her school and also shares her talents with the community by serving as a role model for youth, a 4-H leader, and a judge at the county fair:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-seventh Legislature of the State of South Dakota, that Coleen C. Keffeler be honored and congratulated upon her selection as the National Teacher of the Year for Career and Technical Education.

Sen. Ham moved that the Senate do now adjourn, which motion prevailed and at 4:35 p.m.the Senate adjourned.

Patricia Adam, Secretary