Senate Journal 02/13/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 13, 1997

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

     The prayer was offered by the Chaplain, Dodie Noordemeer, followed by the Pledge of Allegiance led by Senate page Jewell Rusten.

     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-second 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,

HAROLD W. HALVERSON, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 32, 33, 34, 35, 50, and 71 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1092 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 1084 and returns the same with the recommendation that said bill be amended as follows:

t-1084d

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

" Section 1. Unless otherwise provided pursuant to § 32-25-9.1, the speed limit on any township road is the same as the speed limit on the county roads in the county in which the township is located up to a maximum of fifty-five miles per hour. Driving in excess of the speed limit established in this section is a Class 2 misdemeanor. "

t-1084ta

On page 1 , line 1 of the House engrossed bill , delete everything after " to " and insert " revise certain speed limits on township roads. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 249 which was deferred to the 41st legislative day.

Respectfully submitted,
KERMIT STAGGERS, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 260, 261, 263, and 266 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 259 and returns the same with the recommendation that said bill be amended as follows:

o-259

On page 3 of the printed bill , delete line 24 .

On page 4 , delete lines 1 to 3 , inclusive .

And that as so amended said bill do pass.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 231 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 221 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 Commerce respectfully reports that it has had under consideration SB 149 and returns the same with the recommendation that said bill be amended as follows:

j-149

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

" Section 1. That § 62-1-1.3 be amended to read as follows:

62-1-1.3. If an ~~injury is determined not to be~~ employer denies coverage of a claim on the basis that the injury is not compensable under this title due to the provisions of subsections 62-1-1(7)(a), (b), or (c), such injury is presumed to be nonwork related for other insurance purposes. If a dispute exists as to whether an employee's injury is compensable under this title and the employee is also covered by an insurer for medical or disability claims that are not otherwise compensable under this title, the Department of Labor may, after notice to the parties, issue a temporary order that the employer or insurer pay any medical costs incurred by the employee for the injury up to the limits of the applicable coverage, and shall make any disability payments otherwise payable by the insurer in the absence of or in addition to worker's compensation liability. The temporary order may establish the priority of claims among employers and insurers, subject to a final determination in the appropriate forum. After a final judicial or administrative order is entered establishing the liabilities of the parties, the employer or insurers found to be liable shall be ordered to reimburse the parties that are not liable for all payments made in excess of the amounts specified in the order, including interest at the Category B rate specified in § 54-3-16, regardless of the type or amount of any settlement. If the employer pays more for medical costs than is required by § 62-7-8, the medical provider shall reimburse the employer for the excess. The Department of Labor may promulgate rules pursuant to chapter 1-26 to implement this section. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 208 and returns the same with the recommendation that said bill be amended as follows:

j-208

On page 1 , line 7 of the printed bill , delete " of January 1, 1997 " and insert " adopted by the director pursuant to chapter 1-26 " .

On page 1 , line 15 , delete " of January 1, 1997 " and insert " adopted by the director pursuant to chapter 1-26 " .

On page 3 , line 18 , after " individuals " insert " . In such instances, the director shall assist the affected persons in finding replacement coverage " .

On page 3 , line 22 , delete " a " and insert " one or more " .

On page 3 , line 22 , delete " association " and insert " associations " .

On page 3 , line 23 , after " association " insert " (on the basis of which the coverage is provided) " .

On page 4 , overstrike lines 17 and 18 .

On page 6 , line 4 , delete " Generic " and insert " Genetic " .

On page 6 , line 23 , after " coverage. " insert " In addition to the plan which equals or exceeds the basic coverage, the carrier shall also offer to the eligible person, the standard plan of benefits adopted pursuant to § 58-18B-32. "

On page 7, delete lines 10 to 14, inclusive, and insert:

"(1) ~~The applicant's qualifying previous coverage is from a self-insured employer which does not have plan provisions consistent with § § 58-18-42 to 58-18-51, inclusive;~~ ".

On page 10 , line 5 , overstrike " a health benefit plan " and insert " the basic plan pursuant to chapter 58-18B " .

On page 10 , line 7 , delete " amended " and insert " adopted by the director pursuant to chapter 1-26 " .

On page 10 , line 8 , delete " to January 1, 1997 " .

On page 12 , line 23 , after " contribution " insert " or participation " .

On page 13 , line 15 , delete " a " and insert " one or more " .

On page 13 , line 15 , delete " association " and insert " associations " .

On page 13 , line 16 , after " association " insert " (on the basis of which the coverage is provided) " .

On page 19 , line 14 , after " plan. " insert " Nothing in this section prohibits a group health plan, and a health insurance issuer offering group health insurance coverage, from establishing premium discounts or rebates or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion or disease prevention. "

On page 21 , line 2 , remove the overstrikes from " ~~on an underwritten basis~~ " and insert " unless specifically prohibited by rules adopted by the director pursuant to chapter 1-26 " .

On page 22 , line 4 , overstrike " At least every five years, the Legislature shall study the " .

On page 22 , line 5 , overstrike " necessity for adjusting the lifetime maximum benefit. "

On page 26 , after line 1 , insert:

" Section 24. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of § § 58-18-42 to 58-18-49, inclusive, apply to health benefit plans which provide health coverage on a self-funded basis through nonfederal government employers and church plans. The self-funded nonfederal government employer plans are subject to the provisions of § § 58-18-42 to 58-18-49, inclusive, whether or not it is a single employer plan, a pooled arrangement, a cooperative, through a joint powers agreement, or other similar mechanism for providing health coverage.

Section 25. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

If any federal standards are in place which require additional steps to meet those standards beyond what is required by this chapter, the director may promulgate rules pursuant to chapter 1-26 to require the offering of health insurance plans, the underwriting criteria that may be utilized for such health insurance plans, the type and scope of preexisting waiting periods and creditable coverage, the standards for nonrenewability of coverage, and other requirements related to the availability of health insurance to employers and their employees and dependents in this state in order to minimally meet the federal standards. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 216 and returns the same with the recommendation that said bill be amended as follows:

j-216

On page 8 , line 19 of the printed bill , after " section " insert " , " .

On page 14 , line 7 , delete " marketed " and insert " marked " .

On page 21 , line 11 , delete " interest " and insert " interests " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 270 which was tabled.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 206 which was deferred to the 41st legislative day.

Respectfully submitted,
JERRY SHOENER, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 120 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1004 and 1006 which have been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1089, 1093, 1101, 1150, 1153, 1159, 1179, 1213, 1238, 1241, 1265, and 1280 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Kloucek moved that the Committee on Agriculture & Natural Resources be instructed to deliver SB 173 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Sen. Drake moved that the Committee on Education be instructed to deliver SB 199 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Sen. Jim Dunn moved that the Senate do concur in the House amendments to SB 56.

     The question being on Sen. Jim Dunn's motion that the Senate do concur in the House amendments to SB 56.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Everist

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. Jim Dunn moved that the Senate do concur in the House amendments to SB 67.

     The question being on Sen. Jim Dunn's motion that the Senate do concur in the House amendments to SB 67.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; 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.

HCR 1004 : A CONCURRENT RESOLUTION, Urging the federal government to require that imported meat be labeled to disclose its country of origin.

Was read the first time and referred to the Committee on Agriculture & Natural Resources.

HCR 1006 : A CONCURRENT RESOLUTION, Requesting the Congress of the United States to pass legislation providing election campaign finance reform.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on SB 156 as found on page 406 of the Senate Journal; also

     Health and Human Services on SB 213 as found on page 406 of the Senate Journal; also

     Health and Human Services on SB 196 as found on page 404 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

Sen. Staggers moved that SJR4 be placed on the calendar of Friday, February 14, the 24th legislative day.

Sen. Rounds moved that the vote to place SJR 4 on the calendar be deferred to Friday, February 14, the 24th legislative day.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1116 : FOR AN ACT ENTITLED, An Act to repeal the time limit on compilation of municipal ordinances.

Was read the second time.

     The question being "Shall HB 1116 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; 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 1118 : FOR AN ACT ENTITLED, An Act to revise the municipal bid limits.

Was read the second time.

     The question being "Shall HB 1118 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; 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 1124 : FOR AN ACT ENTITLED, An Act to revise the requirements for publishing and filing an annual financial report.

Was read the second time.

     The question being "Shall HB 1124 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 128 : FOR AN ACT ENTITLED, An Act to increase certain inheritance tax exemptions.

Was read the second time.

t-128

Sen. Paisley moved that SB 128 be amended as follows:

On page 2 of the printed bill , after line 20 , insert:

" Section 2. The effective date of this Act is July 1, 1998. "

Which motion prevailed and SB 128 was so amended.

     The question being "Shall SB 128 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Everist; Frederick; Halverson; Shoener

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

SB 161 : FOR AN ACT ENTITLED, An Act to revise the inheritance tax exemptions.

Was read the second time.

The question being "Shall SB 161 pass?"

And the roll being called:

Yeas 15, Nays 20, Excused 0, Absent and Not Voting 0

Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford- Burg; Olson; Reedy; Staggers; Symens; Thompson; Valandra

Nays were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting

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

SB 98 : FOR AN ACT ENTITLED, An Act to repeal the inheritance tax.

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

     Sen. Paisley moved that SB 98 be laid on the table.

     The question being on Sen. Paisley's motion that SB 98 be laid on the table.

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Symens; Thompson; Vitter; Whiting

Nays were:
Dennert; Dunn (Rebecca); Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Staggers; Valandra

Excused were:
Flowers

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 98 was laid on the table.

SB 57 : FOR AN ACT ENTITLED, An Act to reduce the legal blood alcohol limits for motor vehicle drivers under twenty-one years of age.

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

The question being on Sen. Drake's pending motion to amend SB 57 as found on page 392 of the Senate Journal.

Sen. Lawler moved that Sen. Drake's motion to amend SB 57 be laid on the table.

Which motion prevailed and Sen. Drake's motion to amend SB 57 was laid on the table.

     The question now being "Shall SB 57 pass?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kleven; Lange; Morford-Burg; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Drake; Dunn (Rebecca); Hunhoff; Kloucek; Lawler; Reedy

Excused were:
Flowers

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

SB 184 : FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to motor vehicle titling and registration and to provide penalties for certain violations.

Was read the second time.

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

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Flowers

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

SB 253 : FOR AN ACT ENTITLED, An Act to revise the circumstances in which motor vehicle lamps are required to be in use.

Was read the second time.

The question being "Shall SB 253 pass as amended?"

     And the roll being called:

     Yeas 12, Nays 23, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Dunn (Rebecca); Hunhoff; Lange; Lawler; Munson (David); Paisley; Reedy; Shoener; Vitter

Nays were:
Benson; Daugaard; Dennert; Drake; Dunn (Jim); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kleven; Kloucek; Morford-Burg; Olson; Rounds; Staggers; Symens; Thompson; Valandra; Whiting

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

SB 182 : FOR AN ACT ENTITLED, An Act to modify the procedure for issuing a driver's license or nondriver identification card.

Was read the second time.

     The question being "Shall SB 182 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; 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.

Sen. Rounds moved that SB 219 be immediately considered.

Which motion prevailed and SB 219 was up for immediate consideration..

SB 219 : FOR AN ACT ENTITLED, An Act to revise the number of nonresident waterfowl licenses issued.

Was read the second time.

Sen. Dennert moved that SB 219 be deferred until Tuesday, February 18, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

SB 232 : FOR AN ACT ENTITLED, An Act to impose a fee on certain wireless communications devices to support telecommunications services for the deaf and for persons with other disabilities.

Was read the second time.

     The question being "Shall SB 232 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Frederick; Staggers

Excused were:
Rounds

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

SB 220 : FOR AN ACT ENTITLED, An Act to prohibit a public corporation from submitting a bid if that public corporation is requesting the bid.

Was read the second time.

t-220f

Sen. Aker moved that SB 220 be amended as follows:

On page 1 , line 11 of the printed bill , after " corporation. " insert " This section does not apply to any bid by a public corporation that is required as the result of an initiated ballot measure. "

Which motion prevailed and SB 220 was so amended.

Sen. Aker moved that the vote by which SB 220 was amended be reconsidered.

Which motion prevailed.

t-220e

Sen. Aker moved as a substitute motion that SB 220 be amended as follows:

On page 1 , line 11 of the printed bill , after " corporation. " insert " For purposes of this section, public corporation does not refer to the State of South Dakota. "

     Sen. Reedy moved that Sen. Aker's motion to amend SB 220 and SB 220 be laid on the table.

     The question being on Sen. Reedy's motion that Sen. Aker's motion to amend SB 220 and SB 220 be laid on the table.

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Hunhoff; Kloucek; Lange; Lawler; Morford- Burg; Munson (David); Olson; Paisley; Reedy; Symens; Thompson; Valandra

Nays were:
Aker; Ham; Hutmacher; Johnson (William); Kleven; Shoener; Staggers; Vitter; Whiting

Excused were:
Rounds

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and Sen. Aker's motion to amend SB 220 and SB 220 were laid on the table.

SB 209 : FOR AN ACT ENTITLED, An Act to specify certain circumstances that create a rebuttable presumption that awarding custody or granting visitation rights is not in the best interests of a child.

Was read the second time.

r-209

Sen. Aker moved that SB 209 be amended as follows:

On page 1 , line 5 of the printed bill , delete " evidence " and insert " a conviction " .

On page 1 , line 6 , after " 25-10-1(1) " insert " or a conviction of assault against a person as defined in 25-10-1(2) " .

On page 1 , line 6 , delete " If the court finds by clear and convincing evidence " and insert " The conviction " .

On page 1 , line 7 , delete " that domestic abuse has occurred, this evidence " .

On page 1 , line 10 , after " consider a conviction " insert " , excluding vehicular homicide, " .

Which motion prevailed and SB 209 was so amended.

     The question being "Shall SB 209 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Thompson

Excused were:
Rounds

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

SB 217 : FOR AN ACT ENTITLED, An Act to revise the penalty for the crime of forgery.

Was read the second time.

     The question being "Shall SB 217 pass?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent and Not Voting 0

     Yeas were:
Benson; Daugaard; Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Reedy; Shoener; Staggers; Symens; Thompson; Valandra

Nays were:
Aker; Albers; Brown (Arnold); Dunn (Jim); Frederick; Hainje; Munson (David); Olson; Paisley; Vitter; Whiting

Excused were:
Rounds

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

SB 189 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to certain contracting school districts that do not operate an elementary school and a secondary school.

Was read the second time.

The question being "Shall SB 189 pass?"

And the roll being called:

Yeas 10, Nays 23, Excused 2, Absent and Not Voting 0

Yeas were:
Aker; Daugaard; Dunn (Jim); Everist; Frederick; Hainje; Ham; Munson (David); Paisley; Shoener

Nays were:
Albers; Benson; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Flowers; Halverson; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Staggers; Symens; Thompson; Vitter; Whiting

     Excused were:
Rounds; Valandra

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

    Sen. Paisley announced his intention to reconsider the vote by which SB 189 lost.

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 172, 173, 193, and SJR 3 which were tabled.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 224 which was deferred to the 41st legislative day.

Respectfully submitted,
JIM DUNN, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 40 was lost on second reading and final passage.

Respectfully,
KAREN GERDES, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1089 : FOR AN ACT ENTITLED, An Act to require a temporary permit and fee for motorcycles and trailers to be displayed at certain events.

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

HB 1093 : FOR AN ACT ENTITLED, An Act to clarify school average daily membership if tuition is waived.

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

HB 1101 : FOR AN ACT ENTITLED, An Act to provide the director of insurance rule- making authority to require proper disclosure and prohibit misrepresentation of life insurance policies.

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

HB 1150 : FOR AN ACT ENTITLED, An Act to repeal certain landfill disposal bans.

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

HB 1153 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale of interment space in perpetual care cemeteries.

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

HB 1159 : FOR AN ACT ENTITLED, An Act to authorize the towing of certain anhydrous ammonia fertilizer tanks in combination.

Was read the first time and referred to the Committee on Agriculture & Natural Resources.

HB 1179 : FOR AN ACT ENTITLED, An Act to allow school districts and other eligible agencies to prepare food for other entities under authority of the National School Lunch Act.

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

HB 1213 : FOR AN ACT ENTITLED, An Act to provide a penalty for strikes by public employees.

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

HB 1238 : FOR AN ACT ENTITLED, An Act to allow a video lottery machine operator to be owned by certain publicly traded companies.

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

HB 1241 : FOR AN ACT ENTITLED, An Act to clarify the notice requirement in certain estate matters.

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

HB 1265 : FOR AN ACT ENTITLED, An Act to direct the Bureau of Personnel to analyze the financial feasibility of, and if found to be feasible, design a medical savings account program as an additional health coverage option for enrollees of the public employee group health insurance plan.

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

HB 1280 : FOR AN ACT ENTITLED, An Act to amend House Bill 1043 as previously enacted by adding an emergency clause and to declare an emergency.

Was read the first time and referred to the Committee on Agriculture & Natural Resources.

Sen. Halverson moved that HB 1079, 1113, and 1117 be deferred until Friday, February 14, the 24th legislative day.

Which motion prevailed and the bills were so deferred.

SIGNING OF BILLS

     The President publicly read the title to

     SB 32: FOR AN ACT ENTITLED, An Act to grant credited service to certain members of the South Dakota Retirement System.

     SB 33: FOR AN ACT ENTITLED, An Act to allow class B members of the South Dakota Retirement System to purchase certain public service as class B service.

     SB 34: FOR AN ACT ENTITLED, An Act to increase the retirement allowance for certain credited service under the South Dakota Retirement System.

     SB 35: FOR AN ACT ENTITLED, An Act to remove South Dakota Retirement System additional survivor protection payments as deductions against lump-sum payments.

     SB 50: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept title to the swine test station facilities located on the campus of South Dakota State University.

     SB 71: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

     HB 1065: FOR AN ACT ENTITLED, An Act to increase the minimum wage and to declare an emergency.

     HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to liens.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 8 Introduced by: Senators Thompson, Aker, Albers, Benson, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Everist, Flowers, Hainje, Halverson, Ham, Hunhoff, Hutmacher, Johnson (William), Kleven, Kloucek, Lange, Lawler, Morford-Burg, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Symens, Valandra, Vitter, and Whiting and Representatives Apa, Barker, Belatti, Broderick, Brooks, Brosz, Brown (Jarvis), Brown (Richard), Chicoine, Collier, Crisp, Cutler, Davis, de Hueck, DeMersseman, Derby, Diedrich, Duenwald, Duniphan, Duxbury, Eccarius, Fiegen, Fischer-Clemens, Fitzgerald, Gabriel, Gleason, Hagen, Hagg, Haley, Hassard, Hunt, Jaspers, Johnson (Doug), Jorgensen, Kazmerzak, Koetzle, Konold, Kooistra, Koskan, Kredit, Lee, Lockner, Lucas, Madden, Matthews, McNenny, Monroe, Moore, Munson (Donald), Napoli, Pederson (Gordon), Peterson (Bill), Pummel, Richter, Roe, Rost, Schrempp, Smidt, Sokolow, Sperry, Van Gerpen, Volesky, Waltman, Weber, Wetz, Wick, and Windhorst

A LEGISLATIVE COMMEMORATION, Recognizing and commending the seventy-fifth annual Days of '76 celebration and rodeo.

WHEREAS, the city of Deadwood, where the ghosts of Wild Bill Hickok, Calamity Jane, Seth Bullock, and the many miners, bullwhackers, and outlaws still haunt the dark shadows of Deadwood Gulch, is South Dakota's most tangible link to her wild and woolly western heritage; and

WHEREAS, since its inception in 1923, the annual Days of '76 celebration and rodeo has defended and maintained every South Dakotan's right to "let 'er rip" in the two-fisted tradition of the wide open mining camp; and

WHEREAS, the last weekend of July marks the seventy-fifth occurrence of the Days of '76, including a three-day PRCA rodeo, parades, pageants, reenactments, and other high ole times:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the city of Deadwood be congratulated and commended on the occasion of the seventy-fifth annual Days of '76.

SC 9 Introduced by: Senators Kloucek, Dunn (Rebecca), Hunhoff, Hutmacher, Kleven, Morford-Burg, Olson, and Staggers and Representatives Lockner, Barker, Cerny, Davis, de Hueck, Duxbury, Fischer-Clemens, Fitzgerald, Lee, Matthews, Moore, and Weber

A LEGISLATIVE COMMEMORATION, Honoring Laura Hoefert, 1997 Outstanding Secondary Student, Plankinton, South Dakota.

WHEREAS, Ms. Laura Hoefert has demonstrated superior academic achievement in her four years of high school at the Plankinton School District, Plankinton, South Dakota, and has been listed on the high school Honor Roll from 1993 to 1997; and

WHEREAS, as a student at Plankinton School District, Laura has been involved in student activities and organizations throughout her high school career, including, chorus, girls ensemble, swing choir, oral interpretation, football and basketball cheerleading, track, FHA, 4-H, One Act Play, All School Play, High School Rodeo, church youth group, National Honor Society, and Student Council; and

WHEREAS, Laura has made outstanding contributions to the community through her participation in church and school programs and has received numerous honors and awards, including 1994 One Act Best Actress, 1994 One Act Best Supporting Actress, High School Rodeo State Qualifier, 1995 South Dakota High School Rodeo Queen, Hugh O'Brien Recipient, and National FHA Gold Star Winner:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that Ms. Laura Hoefert be recognized for her outstanding achievements in academic and student activities, community service, and for her award as Outstanding Secondary Student.

Sen. Albers moved that the Senate do now adjourn, which motion prevailed, and at 5:08 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary