Senate Journal 02/12/2002 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SEVENTH SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 12, 2002

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

The prayer was offered by the Chaplain, Ruth Oberg, followed by the Pledge of Allegiance led by Senate page Tenise Diehl.

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 twenty-fifth 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.

HONORED GUESTS

The President introduced Miss South Dakota Stockgrower, Roxanne Slaba from Blunt and a student at Colorado Technical University in Sioux Falls. She was escorted by Sen. de Hueck.

The President read a Governor's proclamation honoring former State Senator Henry Poppen and proclaiming February 12, 2002, "Henry Poppen Day" in South Dakota.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 15, 16, 18, 24, 34, 37, 38, 39, 40, 52, 84, 122, 123, and 170 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 9, 10, 11, 12, 13, 23, 25, 26, 27, 28, 30, 31, 44, 51, and 129 were delivered to his Excellency, the Governor, for his approval at 9:34 a.m., February 12, 2002.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1254 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 HB 1127 and tabled the same.

Respectfully submitted,
Larry Diedrich, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1301 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1133 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 Transportation respectfully reports that it has had under consideration HB 1273 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 1 of the House engrossed bill, after " application " insert " or to alter the portable certificate ".

On page 3 , line 18, after " application " insert " or to alter the portable certificate ".

On page 4 , line 12, after " misdemeanor . " insert " In addition the court shall assess a civil penalty of not less than one hundred dollars nor more than three hundred dollars if the parking space is marked in accordance with the American With Disabilities Act accessibility guidelines as of January 1, 2002. "

On page 5 , line 8, after " misdemeanor. " insert " In addition the court shall assess a civil penalty of not less than one hundred dollars nor more than three hundred dollars if the parking space is marked in accordance with the American With Disabilities Act accessibility guidelines as of January 1, 2002. "

On page 5 , line 13, after " misdemeanor. " insert " In addition the court shall assess a civil penalty of not less than one hundred dollars nor more than three hundred dollars if the parking space is marked in accordance with the American With Disabilities Act accessibility guidelines as of January 1, 2002. "

On page 5 , line 19, after " misdemeanor. " insert "In addition the court shall assess a civil penalty of not less than one hundred dollars nor more than three hundred dollars if the parking space is marked in accordance with the American With Disabilities Act accessibility guidelines as of January 1, 2002."

And that as so amended said bill do pass.

Respectfully submitted,
Drue J. Vitter, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1007 and returns the same with the recommendation that said resolution do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1050, 1054, 1136, and 1300 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 State Affairs respectfully reports that it has had under consideration HB 1052 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the House engrossed bill, after " authorized " insert ", pursuant to § 5- 2-2.4,".

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 HB 1234 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 12 of the House engrossed bill, after " accept " insert " only voluntary nondues ".

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 HB 1119 and returns the same with recommendation that said bill be amended as follows:

On page 2, line 14 of the House engrossed bill, after " substance " insert " or marijuana ".

And returns the same without recommendation as amended.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1079, 1134, 1151, 1153, 1190, and 1256 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 Commerce respectfully reports that it has had under consideration HB 1141 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, after " condition, " insert "or".

On page 1 , line 7, delete " , or the cause of the injury " .

On page 1 , line 8, delete " or condition " .

On page 2, line 4, delete " conducted " and insert "administered".

On page 2 , line 4, before " health " insert "qualified licensed".

On page 2 , delete lines 5 and 6 , and insert:

"professional. Any adverse determination shall be evaluated by an appropriately licensed and clinically qualified health care professional."

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1075 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the House Commerce Committee engrossed bill, delete " stock " and insert ", surplus, and undivided profits, unless".

On page 1 , delete line 12 .

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

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1181 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9 of the House Commerce Committee engrossed bill, delete " or the lack of financial " and insert "."

On page 1 , delete line 10 .

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

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1226 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the printed bill, overstrike " sent " and insert " received ".

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

Respectfully submitted,
David R. Munson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SCR 2 in which the House has concurred.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1020 and 1022 which have been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 15, 16, 18, 24, 34, 37, 38, 39, 40, 52, 84, 122, 123, and 170 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 42 and 114 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1020: A CONCURRENT RESOLUTION, Requesting a discussion of the problems existing between the State of South Dakota and the federal government on issues of state and federal powers and responsibilities.

Was read the first time.

The President waived the committee referral and placed HCR 1020 on the calendar of Wednesday, February 13, the 27^th legislative day.

HCR 1022: A CONCURRENT RESOLUTION, Supporting the National Motto of the United States.

Was read the first time.

The President waived the committee referral and placed HCR 1022 on the calendar of Wednesday, February 13, the 27^th legislative day.

Sen. Bogue moved that the Committee on Judiciary be instructed to deliver HB 1164 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

HCR 1005: A CONCURRENT RESOLUTION, Urging the federal government to authorize and fund long-term health care on Indian reservations.

Was read the second time.

Sen. Hagen moved that HCR 1005 as found on page 189 of the House Journal be concurred in.

The question being on Sen. Hagen's motion that HCR 1005 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 1005 was concurred in.

HCR 1014: A CONCURRENT RESOLUTION, Urging Congress to revise eligibility requirements for certain Medicaid recipients of long-term care assistance.

Was read the second time.

Sen. Hutmacher moved that HCR 1014 as found on page 431 of the House Journal and amended on page 574 of the House Journal be concurred in as amended.

The question being on Sen. Hutmacher's motion that HCR 1014 be concurred in as amended.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1014 was concurred in as amended.

HCR 1015: A CONCURRENT RESOLUTION, Encouraging state and local law enforcement agencies to acquire and to use video cameras at all traffic stops.

Was read the second time.

Sen. Volesky moved that HCR 1015 as found on page 462 of the House Journal be concurred in.

The question being on Sen. Volesky's motion that HCR 1015 be concurred in.

And the roll being called:

Yeas 20, Nays 13, Excused 2, Absent 0

Yeas:
Apa; Brown (Arnold); Daugaard; de Hueck; Dennert; Duxbury; Everist; Hagen; Ham; Hutmacher; Koetzle; McIntyre; Moore; Munson; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Volesky

Nays:
Albers; Brosz; Cradduck; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Kleven; Koskan; Madden; McCracken; Vitter; Whiting

Excused:
Bogue; Olson (Ed)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1015 was concurred in.

HCR 1016: A CONCURRENT RESOLUTION, Encouraging local law enforcement agencies to adopt community policing practices.

Was read the second time.

Sen. Volesky moved that HCR 1016 as found on page 463 of the House Journal be concurred in.

The question being on Sen. Volesky's motion that HCR 1016 be concurred in.

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Brown (Arnold); de Hueck; Dennert; Duxbury; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; McIntyre; Moore; Munson; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Volesky

Nays:
Albers; Apa; Bogue; Brosz; Cradduck; Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Madden; McCracken; Vitter; Whiting

Excused:
Olson (Ed)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1016 was concurred in.

HCR 1017: A CONCURRENT RESOLUTION, Requesting the South Dakota Investment Council to explore investing limited state resources in South Dakota venture capital.

Was read the second time.

Sen. Hutmacher moved that HCR 1017 as found on page 493 of the House Journal and amended on page 577 of the House Journal be concurred in as amended.

The question being on Sen. Hutmacher's motion that HCR 1017 be concurred in as amended.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Dennert; Diedrich (Larry); Everist; Hagen; Ham; Hutmacher; Kleven; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Volesky

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

Excused:
Koetzle

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

Judiciary on HB 1220 as found on page 484 of the Senate Journal ; also

Judiciary on HB 1283 as found on page 485 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Koskan requested that HB 1255 be removed from the Consent Calendar.

Sen. de Hueck requested that HB 1299 be removed from the Consent Calendar.

HB 1130: FOR AN ACT ENTITLED, An Act to revise the provisions related to the sale of surplus governmental property.

Was read the second time.

The question being "Shall HB 1130 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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1049: FOR AN ACT ENTITLED, An Act to authorize the use of online reverse auctions for state purchases.

Was read the second time.

The question being "Shall HB 1049 pass as amended?"

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Ham; Koskan; Madden; McCracken; Munson; Olson (Ed); Staggers; Sutton (Dan); Symens; Whiting

Nays:
Apa; Duxbury; Hagen; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Putnam; Reedy; Vitter; 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 1135: FOR AN ACT ENTITLED, An Act to provide for the reclassification of certain real property.

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

Sen. de Hueck moved that HB 1135 be deferred to Wednesday, February 13, the 27^th legislative day.

Which motion prevailed and the bill was so deferred.

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

Was read the second time.

Sen. Hutmacher moved that HB 1001 be further amended as follows:

On page 26, after line 24 of the Senate State Affairs Committee engrossed bill, insert:

"Section 49. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

There are hereby specifically exempted from the tax imposed by this chapter the gross receipts resulting from the sale of food, as defined by the Food Stamp Act of 1977 (P.L. 95- 113), codified at 7 U.S.C. § 202(g), as amended through January 1, 2002.

Section 50. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

There are hereby exempted from the tax imposed by this chapter the gross receipts resulting from the sale of food, as defined by the Food Stamp Act of 1977 (P.L. 95-113), codified at 7 U.S.C. § 2012(g), as amended through January 1, 2002.

Section 51. Sections 49 and 50 of this Act are effective only if Congress passes legislation authorizing states to collect sales and use taxes from retailers pursuant to the streamlined sales tax project."

On page 27 , line 1, delete " Section 49 " and insert "Section 52".

Sen. Bogue moved as a substitute motion that HB 1001 be further amended as follows:

On page 2, line 18 of the Senate State Affairs Committee engrossed bill, delete " and regulations " and insert "pursuant to chapter 1-26 consistent with the Department of Revenue's rule-making authority in § § 10-45-47.1 and 10-46-35.1".

Which motion prevailed.

Sen. Drake moved the previous question.

Which motion prevailed.

The question being "Shall HB 1001 pass as amended?"

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

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

Nays:
Dennert; Duxbury; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Staggers; Sutton (Dan); Symens; Volesky

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

Sen. Everist announced her intention to reconsider the vote by which HB 1001 was lost.

HB 1002: FOR AN ACT ENTITLED, An Act to impose a gross receipts tax on certain visitor-related businesses.

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

Sen. Everist moved that HB 1002 and 1003 be deferred to Wednesday, February 13, the 27^th legislative day.

Which motion prevailed and the bills were so deferred.

HB 1024: FOR AN ACT ENTITLED, An Act to revise the penalties for overweight vehicle violations.

Was read the second time.

Sen. Everist moved that HB 1024 be deferred to Wednesday, February 13, the 27^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1109: FOR AN ACT ENTITLED, An Act to exempt local governments from certain competitive bid requirements.

Was read the second time.

The question being "Shall HB 1109 pass as amended?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Dennert; Hagen; Koetzle; McIntyre; Moore; Reedy; Symens

Excused:
Duxbury

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 1129: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding concealed pistol permits.

Was read the second time.

The question being "Shall HB 1129 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, 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); Vitter; Volesky; Whiting

Excused:
Diedrich (Larry); Symens

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 1165: FOR AN ACT ENTITLED, An Act to permit more time to file local referendums.

Was read the second time.

Sen. Apa moved that HB 1165 be placed to follow HB 1188 on today's calendar.

Which motion prevailed.

HB 1171: FOR AN ACT ENTITLED, An Act to adjust the salary schedule for the office of state's attorney.

Was read the second time.

The question being "Shall HB 1171 pass?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Apa; Diedrich (Larry); Drake; Greenfield; Koskan; Madden; Staggers

Excused:
Bogue

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 1188: FOR AN ACT ENTITLED, An Act to revise certain penalties for moving or obtaining a used mobile home or manufactured home without an affidavit from the county treasurer.

Was read the second time.

The question being "Shall HB 1188 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; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; 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 1165: FOR AN ACT ENTITLED, An Act to permit more time to file local referendums.

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

The question being "Shall HB 1165 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); 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:
Diedtrich (Elmer)

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

SB 15: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions regarding the composition of the mental health planning and coordination advisory council.

SB 16: FOR AN ACT ENTITLED, An Act to provide that certain postsecondary school information be given to parents and guardians of students in middle schools and high schools.

SB 18: FOR AN ACT ENTITLED, An Act to permit the summary disposition of certain contested cases.

SB 24: FOR AN ACT ENTITLED, An Act to continue to allow investigative materials to be confidential during the investigative phase and to allow the material to be obtained by parties to a complaint after a probable cause determination is made.

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

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

SB 38: FOR AN ACT ENTITLED, An Act to require certain information to be collected to create a database of certain public officials and public employees for use in the event of an emergency or disaster and to authorize administrative rules to implement the reporting procedures.

SB 39: FOR AN ACT ENTITLED, An Act to revise the duties of the filing office in dealing with uniform commercial code records.

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.

SB 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the resolution of unperformed acts and the administration of subsequently discovered property of an estate.

SB 84: FOR AN ACT ENTITLED, An Act to revise certain transcript fees.

SB 122: FOR AN ACT ENTITLED, An Act to revise certain provisions to the dredges transferred from the state to the South Dakota Lakes and Streams Association.

SB 123: FOR AN ACT ENTITLED, An Act to make it permissive for counties to levy a tax for secondary roads in unorganized territories.

SB 170: FOR AN ACT ENTITLED, An Act to repeal a provision that requires foster parents to care for a child for not less than two years before the foster parent is a primary consideration for adoption of the child.

And signed the same in the presence of the Senate.

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 15, 16, 18, 24, 34, 37, 38, 39, 40, 52, 84, 122, 123, and 170 were delivered to his Excellency, the Governor, for his approval at 3:43 p.m., February 12, 2002.

Respectfully submitted,
Arnold M. Brown, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1170, 1172, 1180, and 1222.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1189 and has appointed Reps. Wick, Abdallah, and Hundstad as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

The President appointed Sens. Brosz, Olson (Ed), and Reedy as such committee.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1038 and has appointed Reps. Broderick, Flowers, and Kooistra as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

The President appointed Sens. Vitter, Bogue, and Sutton (Dan) as such committee.

SIGNING OF BILLS

The President publicly read the title to

HB 1020: FOR AN ACT ENTITLED, An Act to revise the term of retention of certain records by insurers and to require certain delivery receipts to be forwarded to an insurer.

HB 1022: FOR AN ACT ENTITLED, An Act to repeal the requirement that certain affiliated companies be treated as one health insurance carrier.

HB 1027: FOR AN ACT ENTITLED, An Act to revise certain residency requirements regarding the issuance and renewal of insurance.

HB 1028: FOR AN ACT ENTITLED, An Act to establish a procedure for return of associate licenses when certain action is taken against a responsible real estate broker.

HB 1029: FOR AN ACT ENTITLED, An Act to repeal certain producer licensing requirements, to revise certain producer and administrator standards for licensure, and to provide procedural requirements for certain disciplinary proceedings.

HB 1040: FOR AN ACT ENTITLED, An Act to provide for the treatment of Indian tribes for purposes of unemployment insurance.

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.

HB 1074: FOR AN ACT ENTITLED, An Act to repeal certain inheritance tax provisions and to re-enact a provision regarding access to a safe deposit box upon the death of a person having access.

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

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

HB 1110: FOR AN ACT ENTITLED, An Act to consolidate the categories of real estate licenses.

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

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

HB 1224: FOR AN ACT ENTITLED, An Act to prohibit interference with the use of communication devices to summon aid to an emergency.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 15 Introduced by: Senators Ham, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, and Whiting and Representatives Hennies (Thomas), Abdallah, Bartling, Begalka, Bradford, Brown (Richard), Burg, Clark, Davis, Elliott, Flowers, Frost, Fryslie, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Heineman, Hennies (Don), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Klaudt, Koistinen, Konold, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Monroe, Murschel, Nachtigal, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Pitts, Pummel, Rhoden, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Van Etten, Van Norman, and Wick

A LEGISLATIVE COMMEMORATION, Honoring South Dakota native Adam Vinatieri for kicking the winning field goal in Super Bowl XXXVI.

WHEREAS, Adam Vinatieri earned first-team all-state honors at Rapid City Central High School and first-team all-conference honors for three seasons at South Dakota State University and was also recognized for his academic excellence; and

WHEREAS, Adam, who has been a member of the New England Patriots since 1996, had five game-winning field goals this season, including two in the postseason. He kicked a game tying and then a game winning field goal in the divisional playoff game against Oakland under inclement weather conditions and in the following week capped a thrilling drive in the final two minutes by kicking a 48-yard winning field goal as time expired in the Super Bowl game to give the New England Patriots a 20-17 win over the St. Louis Rams; and

WHEREAS, Adam is active in his community and is involved in many worthy charities and causes. He will be remembered for a being a South Dakota native exemplifying his hard work along with good sportsmanship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-seventh Legislature of the State of South Dakota, that Adam Vinatieri be congratulated on kicking the game winning field goal in Super Bowl XXXVI.

SC 16 Introduced by: Senators de Hueck, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting and Representatives Monroe, Abdallah, Begalka, Bradford, Brown (Richard), Davis, Elliott, Frost, Fryslie, Garnos, Gillespie, Hansen (Tom), Heineman, Hennies (Don), Hennies (Thomas), Hunhoff, Jaspers, Juhnke, Klaudt, Kloucek, Koistinen, Konold, Kooistra, Lintz, Madsen, McCaulley, McCoy, Michels, Murschel, Napoli, Nesselhuf, Peterson (Bill), Rhoden, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Van Etten, Van Gerpen, and Van Norman

A LEGISLATIVE COMMEMORATION, Honoring and commending Carrie Gonsor on her selection as one of the torchbearers for the 2002 Olympics.

WHEREAS, Ms. Carrie Gonsor, a senior at T. F. Riggs High School in Pierre, was selected as an Olympic Torch Bearer for the 2002 Olympics; and

WHEREAS, Carrie Gonsor has participated in a host of school and community activities and has earned numerous honors and achievements during her high school years. These include National Honor Society, Class Vice President, Student Senate, 2002 South Dakota Legislative Page, varsity athlete, cheerleader, dance, church activities, Odyssey of the Mind/Destination Imagination, Pierre Chamber of Commerce Student Representative, Meals-on-Wheels, Hospice, Special Olympics Volunteer, Job's Daughters, homecoming royalty, Spirit of Six Cheerleading Award, and other awards and activities, as well as being a reliable employee in a number of work situations and an honor student; and

WHEREAS, Carrie Gonsor has proven herself to be a leader in all of her endeavors, an impressive role model for the young people of the city of Pierre, and an outstanding representative for her school, her community, and the State of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-seventh Legislature of the State of South Dakota, that Ms. Carrie Gonsor of Pierre be honored and commended for her many achievements, and particularly her selection as an Olympic Torch Bearer to represent the State of South Dakota for the 2002 Olympics.

Sen. Olson (Ed) moved that the Senate do now adjourn, which motion prevailed and at 4:15 p.m. the Senate adjourned.

Patricia Adam, Secretary