JOURNAL OF THE SENATE

EIGHTIETH SESSION  




TWENTY-NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 18, 2005

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Shayna Monnens.

     Roll Call: All members present except Sens. McCracken and Olson who were excused.

APPROVAL OF THE JOURNAL


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-eighth 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,
Lee Schoenbeck, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1210 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1153 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jim Lintz, Vice-Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1259 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1212 and returns the same with the recommendation that said bill be amended as follows:

1212oi
     On page 15, line 6 of the House engrossed bill, delete everything after " state. " and insert " The board may, upon receipt, pay to the South Dakota Pharmacists Association eighty percent of all fees the board receives for renewals of certificates of registration as a pharmacist. "

     On page 15 , delete lines 7 and 8 .

     On page 15 , delete line 9 , and insert "The association may shall use the funds for payment of expenses of the following association activities to benefit the public and the profession: ".

     On page 15 , line 10, overstrike " association, including " .

     On page 15 , line 11, after " expenses " insert " related to the activities enumerated in this section ".

     On page 15 , line 12, after " shall " insert " also ".

     On page 15 , line 23, remove the overstrikes from " one hundred fifty " and delete " twenty- five ".

     And that as so amended said bill do pass.

Also MR. 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:

1234oc
     On page 2, line 1 of the House State Affairs Committee engrossed bill, delete " or " .

     On page 2 , line 2, after " 10-58 " insert " ; or

             (10)    The gross receipts tax on visitor related businesses imposed by chapter 10-45D ".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1253 and tabled the same.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 70, 77, and 159 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 37, 86, 103, 129, and 208 were delivered to his Excellency, the Governor, for his approval at 9:45 a.m., February 18, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair


MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to return herewith SB 12 and 150 which have been amended by the House and your concurrence in the amendments is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 79 and 159 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1004, 1005, 1073, 1118, 1140, 1149, 1170, 1180, 1218, 1220, 1226, 1241, and 1245 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS



    SENATE PAGE RESOLUTION 3 Introduced by: Senators Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schoenbeck; Smidt; Sutton, Dan; Sutton, Duane; Two Bulls

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eightieth Legislature of the State of South Dakota to Matthew Booth, Jessica Callahan, Lisa Jarovski, Jennifer Jorgensen, Kimberlee Kloucek, Shayna Monnens, Libby Olson, Seth Pearman, Cody Raterman, and Amy Tulson.

    WHEREAS, the above named served loyally as pages for the Senate of the Eightieth Legislative Session; and

    WHEREAS, the members of the Eightieth Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:


    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eightieth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

     Sen. Bogue moved that Senate Page Resolution 3 be adopted.

     The question being on Sen. Bogue's motion that Senate Page Resolution 3 be adopted.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
McCracken; Olson (Ed)

     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 when we adjourn today, we adjourn to convene at 10:00 a.m. on Saturday, February 19, the 30th legislative day.

     Which motion prevailed.

     Sen. Dempster moved that the Senate do concur in House amendments to SB 41.

     The question being on Sen. Dempster's motion that the Senate do concur in House amendments to SB 41.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls


     Excused:
McCracken; Olson (Ed)

     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. Smidt moved that the Senate do concur in House amendments to SCR 5.

     The question being on Sen. Smidt's motion that the Senate do concur in House amendments to SCR 5.

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Hundstad; Kloucek

     Excused:
McCracken; Olson (Ed)

     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.

CONSIDERATION OF REPORT OF COMMITTEE


     Sen. Bogue moved that the report of the Standing Committee on

     Commerce on HB 1160 as found on page 557 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1163:   FOR AN ACT ENTITLED, An Act to   allow Vietnam veterans to receive honorary high school diplomas.


     Was read the second time.

     The question being "Shall HB 1163 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
McCracken; Olson (Ed)

     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 1172:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of athletic trainers.

     Was read the second time.

     The question being "Shall HB 1172 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
McCracken; Olson (Ed)

     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 1179:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of vehicle manufactures, franchisors, and dealers.


     Was read the second time.

     The question being "Shall HB 1179 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
McCracken; Olson (Ed)

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1004:   FOR AN ACT ENTITLED, An Act to   require that certain financial information concerning fund balances be reported to the Legislature.

     Was read the first time and referred to the Committee on Government Operations and Audit.

     HB 1005:   FOR AN ACT ENTITLED, An Act to   provide for the deposit and appropriation of certain federal reimbursements.

     Was read the first time and referred to the Committee on Government Operations and Audit.

     HB 1073:   FOR AN ACT ENTITLED, An Act to   decrease the financial incentives for school districts that consolidate after July 1, 2008.

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

     HB 1118:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the interest rate on past due moneys.

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



     HB 1140:   FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to education.

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

     HB 1149:   FOR AN ACT ENTITLED, An Act to   allow for cross-border education contracts.

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

     HB 1170:   FOR AN ACT ENTITLED, An Act to   provide for the endorsement of distance learning instructors and to authorize the Board of Education to promulgate rules relating to distance learning courses.

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

     HB 1180:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning business improvement districts and to exempt general occupational tax receipts from the sales and gross receipts taxes.

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

     HB 1218:   FOR AN ACT ENTITLED, An Act to   provide disclosure of fee schedules between health carriers and participating providers.

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

     HB 1220:   FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to general education and appropriate money therefor.

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

     HB 1226:   FOR AN ACT ENTITLED, An Act to   establish certain notice provisions related to the custody and placement of Indian children.

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

     HB 1241:   FOR AN ACT ENTITLED, An Act to   create the Student Achievement Enhancement Grant Program and to make an appropriation therefor.

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



     HB 1245:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the use of automated external defibrillators.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1169:   FOR AN ACT ENTITLED, An Act to   clarify certain procedures for terminating or nonrenewing a teacher's contract.

     Was read the second time.

     Sen. Bogue moved that HB 1169 be deferred to Tuesday, February 22, the 31st legislative day.

     Which motion prevailed.

     HB 1100:   FOR AN ACT ENTITLED, An Act to   exempt swine and cattle semen from sales and use tax.

     Was read the second time.

     The question being "Shall HB 1100 pass?"

     And the roll being called:

     Yeas 20, Nays 13, Excused 2, Absent 0

     Yeas:
Apa; Bartling; Duenwald; Earley; Gant; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Koskan; Lintz; McNenny; Napoli; Nesselhuf; Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duniphan; Gray; Kelly; Knudson; Kooistra; Moore; Schoenbeck; Smidt

     Excused:
McCracken; Olson (Ed)

     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 1110:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the circumstances under which absentee voting is permitted.

     Was read the second time.

     Sen. Bogue moved that HB 1110 be deferred to Tuesday, February 22, the 31st legislative day.

     Which motion prevailed.

     HB 1190:   FOR AN ACT ENTITLED, An Act to   provide for recognition of certain valid nonresident permits to carry a concealed pistol.

     Was read the second time.

     The question being "Shall HB 1190 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
McCracken; Olson (Ed)

     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 1205:   FOR AN ACT ENTITLED, An Act to   designate fry bread as the official bread of South Dakota.

     Was read the second time.

     The question being "Shall HB 1205 pass?"

     And the roll being called:

     Yeas 25, Nays 7, Excused 3, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Dempster; Duenwald; Duniphan; Gray; Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Broderick; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Kooistra

     Excused:
Apa; McCracken; Olson (Ed)

     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 1209:   FOR AN ACT ENTITLED, An Act to   provide for limited confidentiality of certain firearms information.

     Was read the second time.

     The question being "Shall HB 1209 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
McCracken; Olson (Ed)

     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 1239:   FOR AN ACT ENTITLED, An Act to   revise the method for setting the fees that may be received by a county coroner.

     Was read the second time.

1239tb

     Sen. Kloucek moved that HB 1239 be further amended as follows:

     On the House Local Government Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 7-14-1 be amended to read as follows:

     7-14-1.   The coroner shall receive the following fees and expenses:

             (1)      For a view of each body and examination of the circumstances surrounding the death, an amount to be set by the board of county commissioners of at least fifty-eight dollars;
             (2)      The coroner shall receive the same amount per mile traveled in the course of his duties duty as other county officials. "

     Which motion lost.

     The question being "Shall HB 1239 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

     Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Kloucek

     Excused:
Abdallah; McCracken; Olson (Ed)

     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 1128:   FOR AN ACT ENTITLED, An Act to   revise the definition of agricultural purposes as it relates to sales tax.

     Was read the second time.

     The question being "Shall HB 1128 pass?"

     And the roll being called:

     Yeas 27, Nays 5, Excused 3, Absent 0



     Yeas:
Adelstein; Apa; Bartling; Bogue; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Knudson; Koetzle; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Abdallah; Broderick; Duniphan; Kelly; Kooistra

     Excused:
Kloucek; McCracken; Olson (Ed)

     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 1054:   FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2005.

     Was read the second time.

     The question being "Shall HB 1054 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Koetzle

     Excused:
McCracken; Olson (Ed)

     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 1057:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1057 pass?"



     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; Lintz; McNenny; Napoli; Schoenbeck; Smidt; Sutton (Duane); Two Bulls

     Nays:
Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan)

     Excused:
McCracken; Olson (Ed)

     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 1079:   FOR AN ACT ENTITLED, An Act to   repeal certain executed and superceded mining statutes.

     Was read the second time.

     The question being "Shall HB 1079 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Abdallah; McCracken; Olson (Ed)

     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 1101:   FOR AN ACT ENTITLED, An Act to   except contracts of independent contractors who are captive insurance agents from the prohibition against contracts in restraint of trade.


     Was read the second time.

     Sen. Bogue moved that HB 1101 be deferred to Saturday, February 19, the 30th legislative day.

     Which motion prevailed.

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

REPORTS OF STANDING COMMITTEE


MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1193 and 1258 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

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

1257rb
     On page 1, line 5 of the House Judiciary Committee engrossed bill, delete " ten " and insert " eleven ".

     On page 1 , line 6, delete everything after " attorney " .

     On page 1 , delete lines 7 to 9 , inclusive.

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

     On page 1 , line 10, overstrike " Three " and insert " Four ".

     And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

     There being no objection, the Senate proceeded to Order of Business No. 7.


MESSAGE FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1089.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

     SB 70: FOR AN ACT ENTITLED, An Act to  enact the South Dakota Business Corporation Act, to repeal certain chapters relating to corporations, and to revise certain related provisions.

     SB 77: FOR AN ACT ENTITLED, An Act to  correct various references in the code.

     SB 159: FOR AN ACT ENTITLED, An Act to  authorize the President Pro Tempore to appoint certain members of the Interim Rules Review Committee.

     HB 1090: FOR AN ACT ENTITLED, An Act to  allow debt cancellation contract and debt suspension contract fees to be included in consumer installment sales contracts.

     HB 1094: FOR AN ACT ENTITLED, An Act to  provide for the division of farm mutual insurance companies.

     HB 1111: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the records required to be kept by certain dealers and to require that certain liens be paid by a dealer before a vehicle, snowmobile, mobile or manufactured home, or boat is offered for sale, sold, or exchanged.

     HB 1115: FOR AN ACT ENTITLED, An Act to  require that supplemental coverages be made available with automobile liability policies.

     HB 1201: FOR AN ACT ENTITLED, An Act to  revise the labeling requirements for certain types of motor fuel.

     HB 1242: FOR AN ACT ENTITLED, An Act to  prohibit the manufacture and distribution of counterfeit driver licenses and nondriver identification cards.

     HB 1243: FOR AN ACT ENTITLED, An Act to  provide for the copying and retention of foreign documentation used to apply for certain state licenses, permits, and identification cards.



     And signed the same in the presence of the Senate.

     Sen. Bartling moved that the Senate do now adjourn, which motion prevailed and at 2:34 p.m. the Senate adjourned.

Patricia Adam, Secretary