Senate Journal 02/14/2002 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SEVENTH SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 14, 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 Heather Jorgensen.

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-seventh 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 Jean "Dawn" Morris, national Mother of the Year, who is from Pierre. She was escorted to the rostrum by Sen. de Hueck.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 21, 42, 55, 72, 95, 114, 146, and 169 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Don Brosz, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1121 and 1265 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1291 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

REPORT OF CONFERENCE COMMITTEE

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1189 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1189 be amended as follows:

On the Senate Judiciary Committee engrossed bill, delete all amendments, thus restoring the bill to the House Judiciary Committee engrossed version.

Respectfully submitted,                         Respectfully submitted,
Hal Wick                                    David R. Munson
Gene G. Abdallah                                Ed Olson
Jim Hundstad                                John J. Reedy
House Committee                                Senate Committee

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 21, 55, 72, 95, 146, and 169 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 177 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Vitter moved that the Senate do not concur in House amendments to SB 32 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President appointed as such committee Sens. Brown (Arnold), Greenfield, and Duxbury.

Sen. Madden moved that the Senate do concur in House amendments to SB 93.

The question being on Sen. Madden's motion that the Senate do concur in House amendments to SB 93.

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.

Sen. Everist moved that the Senate do concur in House amendments to SB 183.

Sen. Bogue moved as a substitute motion that the Senate do not concur in House amendments to SB 183 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed.

Sen. Everist moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 15, the 29^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1160 as found on page 525 of the Senate Journal ; also

Judiciary on HB 1164 as found on page 526 of the Senate Journal ; also

Taxation on HB 1059 as found on page 527 of the Senate Journal ; also

State Affairs on HB 1302 as found on page 527 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

Sen. Bogue moved that the word "not" be stricken from the report of the Committee on Judiciary on HB 1164 as found on page 526 of the Senate Journal and that the bill be placed on today's calendar.

The question being on Sen. Bogue's motion that the word "not" be stricken from the report of the Committee on Judiciary on HB 1164 and that the bill be placed on today's calendar.

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
de Hueck; Hagen; Hutmacher; Koetzle; Madden; McIntyre; Reedy; Symens; Volesky; Whiting

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

Sen. Bogue moved that HB 1164 be deferred to Tuesday, February 19, the 30^th legislative day.

Which motion prevailed and the bill was so deferred.

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

MOTIONS AND RESOLUTIONS

Sen. Ham moved that HB 1273 be deferred to Tuesday, February 19, the 30^th legislative day.

Which motion prevailed and the bill was so deferred.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Symens requested that HB 1280 be removed from the Consent Calendar.

HB 1075: FOR AN ACT ENTITLED, An Act to provide for a bank's investment limitations.

Was read the second time.

The question being "Shall HB 1075 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 1181: FOR AN ACT ENTITLED, An Act to prohibit directed suretyship.

Was read the second time.

The question being "Shall HB 1181 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 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 second time.

The question being "Shall HB 1226 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 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.

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

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 and if such sales and use tax collections from such retailers exceed sixty million dollars in a fiscal year. This section is effective on the first day of July of the year following the year that the conditions of this section are met."

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

Sen. Drake moved the previous question.

Which motion prevailed.

The question being on Sen. Hutmacher's motion that HB 1001 be further amended.

Sen. Koetzle requested a roll call vote.

Which request was supported.

And the roll being called:

Yeas 12, Nays 23, Excused 0, Absent 0

Yeas:
Dennert; Duxbury; Hagen; Hutmacher; Koetzle; McIntyre; Moore; 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; Munson; Olson (Ed); Putnam; Vitter; Whiting

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

Sen. Hutmacher moved that the Senate do now recess until 3:40 p.m., which motion prevailed and at 3:25 p.m., the Senate recessed.

The Senate reconvened at 3:40 p.m., the President presiding.

Sen. Hutmacher moved that HB 1001 be deferred to Tuesday, February 19, the 30^th legislative day.

Which motion lost.

Sen. Diedrich (Larry) moved the previous question.

Which motion prevailed.

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

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Hagen; Hutmacher; Koetzle; McIntyre; Moore; Staggers; Symens; Volesky

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

The question being on the title.

Sen. Bogue moved that the title to HB 1001 be amended as follows:

On page 1, line 2 of the Senate State Affairs Committee engrossed bill, delete " and to " and insert ", to".

On page 1 , line 3, after " Project " insert ", and to declare an emergency".

Which motion prevailed and the title was so amended.

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.

The question being "Shall HB 1002 pass as amended?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Moore; Staggers

Excused:
Hutmacher; Koetzle

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.

HB 1003: FOR AN ACT ENTITLED, An Act to authorize a municipal gross receipts tax on certain lodging, alcoholic beverages, prepared food, and admissions.

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

The question being "Shall HB 1003 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

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

Nays:
Hagen; Koetzle; Moore; Staggers

Excused:
Hutmacher

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.

Sen. Bogue moved that HB 1034 and 1136 be deferred to Friday, February 15, the 29^th legislative day.

Which motion prevailed and the bills were so deferred.

HB 1300: FOR AN ACT ENTITLED, An Act to clarify the state's sovereign immunity in the courts of other jurisdictions.

Was read the second time.

The question being "Shall HB 1300 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Albers; 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; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Apa; 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.

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.

The question being on Sen. de Hueck's pending motion to amend HB 1135 as found on page 541 of the Senate Journal.

Sen. de Hueck moved as a substitute motion that HB 1135 be amended as follows:

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

"Section 1. That § 10-6-33.17 be amended to read as follows:

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~~ one year . 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. Thereafter, 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, provided that any land reclassified as agricultural is consistent with § 10-6-31.3. Land classified pursuant to this section shall be valued for ad valorem tax purposes in the same manner as like property.

Section 2. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

Any land classified pursuant to § 10-6-33.14 may not be used for the purpose of valuing agricultural land or in any sales ratio study."

Sen. Bogue moved that Sen. de Hueck's substitute motion to amend HB 1135 be amended as follows:

On the previous amendment (1135rd), in the second line of Section 1, overstrike "a minimum of".

Which motion prevailed.

Sen. Brown (Arnold) moved the previous question.

Which motion prevailed.

The question being on Sen. de Hueck's substitute motion that HB 1135 be amended as amended.

Which motion prevailed.

The question being "Shall HB 1135 pass as amended?"

And the roll being called:

Yeas 28, Nays 4, Excused 3, Absent 0

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

Nays:
Apa; Bogue; Staggers; Vitter

Excused:
Diedrich (Larry); Everist; 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 1220: FOR AN ACT ENTITLED, An Act to revise certain provisions with regard to child custody and to declare an emergency.

Was read the second time.

Sen. Bogue moved that HB 1220 be deferred to Friday, February 15, the 29^th legislative day.

Which motion prevailed.

HB 1283: FOR AN ACT ENTITLED, An Act to establish the crime of physical abuse of an infant, to designate the offense as a crime of violence, and to provide certain penalties therefor.

Was read the second time.

The question being "Shall HB 1283 pass as amended?"

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; Diedtrich (Elmer); Drake; Duxbury; Greenfield; Hagen; Ham; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Diedrich (Larry); Everist; Hutmacher

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

The question being on the title.

Sen. Daugaard moved that the title to HB 1283 be amended as follows:

On page 1, line 1 of the Senate Judiciary Committee engrossed bill, delete everything after " An Act to " and insert "define certain serious injuries to infants as aggravated assault and to provide a penalty therefor."

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

HB 1301: FOR AN ACT ENTITLED, An Act to authorize the railroad authority to acquire certain facilities owned by other railroads and to declare an emergency.

Was read the second time.

The question being "Shall HB 1301 pass?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Excused:
Diedrich (Larry); Everist; Hutmacher

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.

HJR 1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 5, of the Constitution of the State of South Dakota to clarify the responsibility of the Legislature to provide for its own apportionment.

Was read the second time.

The question being "Shall HJR 1007 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; Diedtrich (Elmer); Drake; Duxbury; Greenfield; Hagen; Ham; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Diedrich (Larry); Everist; Hutmacher

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.

HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the state training school and the state juvenile reformatory.

Was read the second time.

Sen. Drake moved that HB 1052 be further amended as follows:

On page 1, delete lines 13 and 14 of the Senate State Affairs Committee engrossed bill, and insert "state training school personal property shall be deposited in the state general fund."

On page 2 , delete line 1 .

Which motion prevailed.

The question being "Shall HB 1052 pass as amended?"

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; Diedtrich (Elmer); Drake; Duxbury; Greenfield; Hagen; Ham; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Diedrich (Larry); Everist; Hutmacher

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 1053: FOR AN ACT ENTITLED, An Act to permit a victim of sliming to request that the defendant be tested for blood-borne pathogens and that the test results be disclosed to the victim.

Was read the second time.

The question being "Shall HB 1053 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; Diedtrich (Elmer); Drake; Duxbury; Greenfield; Hagen; Ham; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Diedrich (Larry); Everist; Hutmacher

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 1141: FOR AN ACT ENTITLED, An Act to provide certain standards for utilization review for property and casualty insurers.

Was read the second time.

The question being "Shall HB 1141 pass as amended?"

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; Diedtrich (Elmer); Drake; Duxbury; Greenfield; Hagen; Ham; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Diedrich (Larry); Everist; Hutmacher

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 1211: FOR AN ACT ENTITLED, An Act to provide for the use of electric personal assistive mobility devices.

Was read the second time.

The question being "Shall HB 1211 pass as amended?"

And the roll being called:

Yeas 29, Nays 3, Excused 3, Absent 0

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

Nays:
Bogue; Drake; Putnam

Excused:
Diedrich (Larry); Everist; Hutmacher

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 1216: FOR AN ACT ENTITLED, An Act to authorize shareholders to vote and to make certain other communications by electronic means.

Was read the second time.

The question being "Shall HB 1216 pass as amended?"

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; Diedtrich (Elmer); Drake; Duxbury; Greenfield; Hagen; Ham; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Diedrich (Larry); Everist; Hutmacher

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 1234: FOR AN ACT ENTITLED, An Act to clarify that certain political contributions to ballot question committees from association dues and funds are permitted.

Was read the second time.

Sen. Bogue moved that HB 1234 be further amended as follows:

On page 1, line 12 of the Senate State Affairs Committee engrossed bill, delete " only voluntary nondues " .

Which motion prevailed.

The question being "Shall HB 1234 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Apa; Diedrich (Larry); Everist; Hutmacher

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 1253: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the juvenile corrections monitor.

Was read the second time.

The question being "Shall HB 1253 pass as amended?"

And the roll being called:

Yeas 30, Nays 2, Excused 3, Absent 0

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

Nays:
Bogue; Koskan

Excused:
Diedrich (Larry); Everist; Hutmacher

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.

Sen. Bogue moved that HB 1303, 1304, and 1305 be deferred to Friday, February 15, the 29^th legislative day.

Which motion prevailed and the bills were so deferred.

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 second time.

The question being "Shall HJR 1010 pass as amended?"

And the roll being called:

Yeas 27, Nays 4, Excused 4, Absent 0

Yeas:
Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedtrich (Elmer); Drake; Duxbury; Greenfield; Hagen; Ham; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Whiting

Nays:
Albers; de Hueck; Koetzle; Volesky

Excused:
Diedrich (Larry); Everist; Hutmacher; Putnam

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.

The President appointed the Conference Committee on SB 183 as Sens. Bogue, Drake, and Sutton (Dan).

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1257 and 1281 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 1078 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 7 and 8 , and insert:

"surety bond or a fidelity ~~insurance~~ bond , or both ~~, as provided in § 51A-6A-18~~ . The bond shall be in an amount of not less than one million dollars. "

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 1240 and returns the same with the recommendation that said bill be amended as follows:

On page 5, line 4 of the House engrossed bill, overstrike " those sections " and insert " § 49- 7A-8 or any rule promulgated pursuant to § 49-7A-8 ".

On page 5 , line 14, overstrike " by those sections, " .

On page 5 , line 15, remove the overstrikes from " ~~§ 49-7A-8~~ " .

On page 5 , line 15, delete " statute and rule " and insert " or any rule promulgated pursuant to § 49-7A-8 ".

On page 6 , line 16, delete everything after " violation of " and insert " § 49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to § 49-7A-2, 49-7A-5, or 49-7A-8".

On page 6 , line 17, delete " Notification Board " .

On page 6 , line 19, delete " and procedure " .

On page 6 , line 24, delete " any rule of " and insert " § 49-7A-2, 49-7A-5, 49-7A-8, or 49- 7A-12, or any rules promulgated pursuant to § 49-7A-2, 49-7A-5, or 49-7A-8".

On page 7 , line 1, delete " the Statewide One-Call Notification Board " .

On page 7 , line 7, delete everything after " violation of " and insert " § 49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to § 49-7A-2, 49-7A-5, or 49-7A-8".

On page 7 , line 8, delete " One-Call Notification Board " .

On page 11 , line 2, delete " No " and insert "Either".

On page 11 , line 2, after " hearing " insert "based on a conflict of interest. The chair of the Statewide One-Call Notification Board may appoint a replacement from the same representative group identified in § 49-7A-3 as the board member that was removed".

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

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 93 finds the same correctly enrolled.

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 1129 and 1188.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 127 having been reported out of committee without recommendation was lost for failure to be placed on the House calendar.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 21: FOR AN ACT ENTITLED, An Act to prohibit tax stamping or payment of taxes on cigarettes or roll your own tobacco products produced by certain nonparticipating manufacturers and to provide for the creation of a directory for compliant nonparticipating manufacturers.

SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of sex offenders.

SB 55: FOR AN ACT ENTITLED, An Act to revise the circumstances under which certain financial instruments are presumed abandoned.

SB 72: FOR AN ACT ENTITLED, An Act to provide for a renewal fee for nonresident insurance producers and to revise the renewal period for resident insurance producers from annual to biennial.

SB 93: FOR AN ACT ENTITLED, An Act to establish certain requirements for genetic testing.

SB 95: FOR AN ACT ENTITLED, An Act to revise the total amount of revenue payable to counties from taxes on real property.

SB 114: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to township meetings.

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

SB 169: FOR AN ACT ENTITLED, An Act to amend the Uniform Limited Partnership Act to provide limited liability limited partnerships.

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

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

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

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

HB 1170: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding assaults against law enforcement personnel and certain emergency personnel and to provide a criminal penalty therefor.

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

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

HB 1180: FOR AN ACT ENTITLED, An Act to increase the amount of the lien that is permitted on the parents of a minor child for whom legal counsel has been provided.

HB 1222: FOR AN ACT ENTITLED, An Act to provide for the compensation of librarians and library employees.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 17 Introduced by: Senators Sutton (Dan), Diedrich (Larry), Ham, and McIntyre and Representatives Slaughter, Garnos, Jaspers, Lange, and Peterson (Jim)

A LEGISLATIVE COMMEMORATION, Honoring Mary Kate Sershen of Chester as a recipient of the 2002 Prudential Spirit of Community Award.

WHEREAS, Mary Kate Sershen, an esteemed resident of Chester and a student at Chester Area School, has achieved national recognition for exemplary volunteer service by receiving a 2002 Prudential Spirit of Community Award; and

WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities. Ms. Sershen earned this award by giving generously of her time to outstanding acts of volunteerism; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Ms. Sershen who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-seventh Legislature of the State of South Dakota, that this legislative body hereby congratulates and honors Ms. Sershen as a recipient of a 2002 Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership and community spirit, and extends best wishes for her continued success and happiness.

SC 18 Introduced by: Senator Koskan and Representatives Jensen and Juhnke

A LEGISLATIVE COMMEMORATION, Honoring Sharon Klein of Colome on her selection as South Dakota's representative to the National American Legion Oratory Contest.

WHEREAS, Ms. Sharon Klein, the daughter of Roderick and Peggy Klein of Colome, was selected as the top orator in the 2002 South Dakota American Legion High School Oratory Contest. As a representative of Thayer-Waters American Legion Post 146 in Colome, she won oratory contests at the local, district, and state semifinal level before winning the state competition; and

WHEREAS, Ms. Klein will participate in the National American Legion Oratory competition in April 2002. She has received scholarships of $1000 and $1500 as she advanced in the oratory competition and is eligible for further awards at the national competition level; and

WHEREAS, Ms. Klein is a senior at Colome High School and represents the Colome High School Government Class, which is taught by Mr. Greg Sherman. Colome High School government students have participated in every oratory contest since 1985 and have advanced to the state finals in thirteen of the last seventeen years:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-seventh Legislature of the State of South Dakota, that Ms. Sharon Klein of Colome High School be honored and commended for participation in the American Legion's High School Oratory Contest and for her selection as South Dakota's representative at the national competition.

Sen. Albers moved that the Senate do now adjourn, which motion prevailed and at 5:34 p.m. the Senate adjourned.

Patricia Adam, Secretary