The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by Senate page Jessica Eikmeier.

     Roll Call: All members present.

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-sixth day.

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

     And we hereby move the adoption of the report.

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Daniel L. Cotton, Union County, Beresford, South Dakota, to the South Dakota Railroad Authority.

    This appointment is effective immediately, and shall continue until January 20, 2003.

    On page 1 of the printed bill, after line 9, insert:

    "Section 2. This Act shall apply to any claim filed after January 1, 2002.".

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1164, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

    "Section 1. The Legislature finds that the application of the loss of chance doctrine enunciated by the South Dakota Supreme Court in Jorgenson v. Vener, 2000 SD 87, 616 NW2d 366 improperly alters the requirements of causation. However, the Legislature also finds that the abrogation of the court's decision would leave certain patients or other individuals without a standard of care. Therefore, the Legislature adopts the substantial factor test in medical malpractice actions as set forth in the concurring opinion of Justice Amundson in Jorgenson v. Vener, 2000 SD 87, 616 NW2d 366."

    The Committee on Taxation respectfully reports that it has had under consideration HB 1059 and returns the same with the recommendation that said bill be amended as follows:

    "Section 7. That § 10-11-67 be amended to read as follows:

     10-11-67.   Any resident, feeling aggrieved by anything in the assessment roll, may apply, personally or through an attorney or agent, to the consolidated board of equalization for the correction of alleged errors in the listing or valuation of the resident's property. A notice of a complaint or grievance shall be mailed or filed in writing with the county auditor no later than the first Tuesday in April. If the notice is mailed, the postmark shall be conclusive evidence regarding the timeliness of the appeal. An appeal to the board shall encompass the aggregate valuation of the property being appealed or the property classification. "

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1010 and HB 1303, 1304, and 1305 and returns the same with the recommendation that said bills and resolution do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1302 and returns the same with the recommendation that said bill be amended as follows:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 17, 33, 43, 48, 49, 73, 96, and 107 and finds the same correctly enrolled.

     Excused:
Diedrich (Larry); Putnam

     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.

     Nays:
Koetzle; Moore

     Excused:
Koskan; Putnam

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1001 was up for reconsideration and final passage.

     Was read the second time.

     Was read the second time.

     Was read the second time.

     Excused:
Koskan

    The Senators being equally divided the President voted Nay.

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

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

     Nays:
Hagen; Hutmacher; Koskan; Madden; 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.

    "Section 1. The director of equalization shall reclassify all or part of any land which is classified pursuant to § 10-6-33.14 according to its actual use. Land classified pursuant to this section shall be valued for ad valorem tax purposes in the same manner as like property.

     Section 2. That § 10-6-33.17 be repealed.

     10-6-33.17.   Any land which is classified pursuant to § §  10-6-33.14 to 10-6-33.19, inclusive, shall remain so classified for a minimum of five years. Five years after the land is so classified, the land may be reclassified as agricultural land if the land remains in agricultural use during the five year period and if the owner of the land submits an annual application to the director of equalization. The application shall include verified documentation that the land has been in agricultural use during past year. If the land meets the criteria set forth in §  10-6-31.3, has been in agricultural use for five years, and the application requirement in this section is complied with, the director of equalization may reclassify the nonagricultural acreage as agricultural land. "

     SB 96: FOR AN ACT ENTITLED, An Act to  limit the damages that may be awarded in a medical malpractice action against an optometrist.

     SB 107: FOR AN ACT ENTITLED, An Act to  provide for the transfer of certain statutes regarding domestic abuse.

     HB 1021: FOR AN ACT ENTITLED, An Act to  revise the record retention period for certain insurance licensees and registrants.

     HB 1039: FOR AN ACT ENTITLED, An Act to  allow an application for a concealed pistol permit to be filed electronically.

     HB 1048: FOR AN ACT ENTITLED, An Act to  allow the submission of sealed bids by electronic means.

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

     HB 1071: FOR AN ACT ENTITLED, An Act to  authorize the continuation of a pilot program granting secured parties access to the state's computer system.

     HB 1081: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the revocation or suspension of driving privileges upon conviction for unlawful sales, purchases, possession, or consumption of alcoholic beverages involving persons under twenty-one years of age.

     HB 1103: FOR AN ACT ENTITLED, An Act to  revise the license applications fees and renewal fees for real estate licensees.

     HB 1218: FOR AN ACT ENTITLED, An Act to  revise the definition of the term, crime of violence.

     And signed the same in the presence of the Senate.