Senate Journal 02/27/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

THIRTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 27, 1997

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

     The prayer was offered by the Chaplain, Pastor David Mack, followed by the Pledge of Allegiance led by Senate page Christina Barth.

     Roll Call: All members present except Sens. Symens and Valandra who were excused.

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 thirty-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.

Sen. Aker moved that the Committee on Education be instructed to deliver HB 1152 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

COMMUNICATIONS AND PETITIONS

February 21, 1997

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

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed David R. Gienapp, Lake County, Madison, South Dakota, to the State Board of Regents.

This appointment is effective March 31, 1997, and shall continue until March 31, 2003.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 54, 77, 86, 122, 124, 142, 162, 182, 196, 221, and 223 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1224 and returns the same with the recommendation that said bill be amended as follows:

t-1224

On page 2 , line 22 of the House Taxation committee engrossed bill , delete everything after " of " and insert " ~~twenty million~~ one hundred thousand " .

On page 3 , line 8 , delete " four million five " and insert " ~~million~~ one " .

And that as so amended said bill do pass.

Respectfully submitted,
JIM DUNN, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1264 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1138 and returns the same with the recommendation that said bill be amended as follows:

j-1138h

On page 1 , line 11 of the House engrossed bill , overstrike " during the hours of 8 p.m. to 6 a.m. " and insert " if the vehicle is being operated en route between the operator's home and the school in which the operator is enrolled while school is in session or activities are occurring or en route between the operator's home and the operator's place of employment or in the course of employment. The holder of a restricted minor's permit may otherwise operate a motor vehicle only " .

On page 3 , line 5 , overstrike " traffic " .

On page 3 , line 5 , after " violation " insert " of reckless driving or of driving more than twenty miles per hour over the speed limit " .

On page 3 , line 10 , overstrike " or a " .

On page 3 , delete line 11 , and insert " ~~conviction for a violation of this restricted minor's permit committed prior to the~~ " .

On page 3 , line 12 , overstrike " minor's sixteenth birthday " .

On page 3 , line 12 , overstrike " until the " .

On page 3 , delete line 13 , and insert " ~~minor's sixteenth birthday or~~ for a period of ninety days ~~, whichever period is longer~~ . A third or subsequent conviction for a violation of reckless driving or of driving more than twenty miles per hour over the speed limit committed prior to the minor's eighteenth birthday shall result in revocation of the minor's driving privileges for one year. "

o-1138a

On page 3 of the House engrossed bill , delete lines 22 to 24 , inclusive .

On page 4 , delete lines 1 to 8 , inclusive .

On page 5 , line 20 , delete " person " and insert " minor " .

On page 5 , line 21 , delete " and who " .

On page 5 , line 22 , delete " shall have six months from the effective date of this Act in which " and insert " upon the expiration of that permit. "

On page 5 , delete line 23 .

And that as so amended said bill do pass.

Respectfully submitted,
KERMIT STAGGERS, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1081, 1234, and 1253 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1044 which was tabled.

Respectfully submitted,
RANDY FREDERICK, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 48, 51, 73, 117, 158, 183, 244, 262, and 264 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Hunt, de Hueck, and Collier as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 99.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 91, 188, and 263 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 5 : A CONCURRENT RESOLUTION, Urging the annual observation of Arbor Day.

Was read the second time.

Sen. Aker moved that SCR 5 as found on page 673 of the Senate Journal be adopted.

    The question being on Sen. Aker's motion that SCR 5 be adopted.

     And the roll being called:

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

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

Excused were:
Frederick; Halverson; Symens; Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

Sen. Whiting moved that the Senate do not concur in House amendments to SB 43 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. Whiting, Daugaard, and Rebecca Dunn.

     Sen. Jim Dunn moved that the Senate do concur in the House amendments to SB 63.

     The question being on Sen. Jim Dunn's motion that the Senate do concur in the House amendments to SB 63.

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Munson (David); Paisley; Reedy; Rounds; Shoener; Thompson; Vitter; Whiting

Nays were:
Benson; Drake; Dunn (Rebecca); Flowers; Johnson (William); Morford-Burg; Olson; Staggers

Excused were:
Symens; Valandra

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. Lawler moved that the Senate do concur in the House amendments to SB 101.

     The question being on Sen. Lawler's motion that the Senate do concur in the House amendments to SB 101.

     And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Thompson; Vitter; Whiting

Excused were:
Symens; Valandra

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. Hutmacher moved that the Senate do concur in the House amendments to SB 116.

     The question being on Sen. Hutmacher's motion that the Senate do concur in the House amendments to SB 116.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Thompson; Vitter; Whiting

Excused were:
Symens; Valandra

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. Hunhoff moved that the Senate do concur in the House amendments to SB 145.

The question being on Sen. Hunhoff's motion that the Senate do concur in the House amendments to SB 145.

And the roll being called:

Excused were:
Symens; Valandra

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. Aker moved that the Senate do concur in the House amendments to SB 152.

     The question being on Sen. Aker's motion that the Senate do concur in the House amendments to SB 152.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Thompson; Vitter; Whiting

Excused were:
Symens; Valandra

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. Whiting moved that the Senate do not concur in House amendments to SB 156 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. Whiting, Brown, and Reedy.

Sen. Everist moved that the Senate do not concur in House amendments to SB 194 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. Everist, Paisley, and Rebecca Dunn.

Sen. Staggers moved that HB 1273 be referred from the Committee on Transportation to the Committee on Local Government.

Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on HB 1277 as found on page 646 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Staggers requested that HB 1077 be removed from the Consent Calendar.

HB 1245 : FOR AN ACT ENTITLED, An Act to define self-service storage facilities, to provide a lien on all personal property stored at such facilities, and to provide a procedure for the enforcement of such lien.

Was read the second time.

     The question being "Shall HB 1245 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Thompson; Vitter; Whiting

Excused were:
Symens; Valandra

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 allow school districts and other eligible agencies to prepare food for other entities under authority of the National School Lunch Act.

Was read the second time.

     The question being "Shall HB 1179 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Thompson; Vitter; Whiting

Excused were:
Symens; Valandra

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 revise the date by which school district budgets are to be reported.

Was read the second time.

     The question being "Shall HB 1209 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Thompson; Vitter; Whiting

Excused were:
Symens; Valandra

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 1126 : FOR AN ACT ENTITLED, An Act to revise the definition of average daily membership in the state aid to education formula.

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

Sen. Paisley moved that HB 1126 be deferred until Monday, March 3, the 35th legislative day.

Which motion prevailed and the bill was so deferred.

HJR 1009 : A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article IX of the Constitution of the State of South Dakota, relating to the organization of local government.

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

Sen. Rounds moved that HJR 1009 be deferred until Monday, March 3, the 35th legislative day.

Which motion prevailed and the resolution was so deferred.

HB 1204 : FOR AN ACT ENTITLED, An Act to provide that funds held in an irrevocable prearranged funeral trust be paid to a licensed funeral director, funeral establishment, or embalmer selected by the purchaser of the prearranged funeral trust or the next of kin of the purchaser.

Was read the second time.

The question being "Shall HB 1204 pass?"

And the roll being called:

Yeas 28, Nays 3, Excused 4, Absent and Not Voting 0

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

Nays were:
Albers; Dennert; Drake

Excused were:
Aker; Lange; Symens; Valandra

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 1262 : FOR AN ACT ENTITLED, An Act to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and to make an appropriation therefor.

Was read the second time.

     The question being "Shall HB 1262 pass as amended?"

     And the roll being called:

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

     Yeas were:
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; Thompson; Vitter; Whiting

Nays were:
Aker

Excused were:
Symens; Valandra

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 1022 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the one-call notification system.

Was read the second time.

Sen. Staggers moved that HB 1022 be deferred until Monday, March 3, the 35th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1261 : FOR AN ACT ENTITLED, An Act to provide for the promulgation of rules governing inspections of and the enforcement of regulations related to certain concentrated animal feeding operations.

Was read the second time.

     The question being "Shall HB 1261 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0

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

Nays were:
Benson; Drake; Halverson; Johnson (William); Vitter

Excused were:
Symens; Valandra

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 1199 : FOR AN ACT ENTITLED, An Act to prohibit the location of certain livestock feeding operations over shallow aquifers.

Was read the second time.

Sen. Drake moved that HB 1199 be deferred until Friday, February 28, the 34th legislative day.

Sen. Lawler requested a roll call vote.

    Which request was supported.

     The question being on Sen. Drake's motion that HB 1199 be deferred until Friday, February 29, the 34th legislative day.

     And the roll being called:

     Yeas 12, Nays 20, Excused 3, Absent and Not Voting 0

     Yeas were:
Aker; Benson; Drake; Everist; Frederick; Halverson; Johnson (William); Kleven; Rounds; Shoener; Staggers; Vitter

Nays were:
Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Flowers; Hainje; Ham; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Thompson; Whiting

Excused were:
Dunn (Jim); Symens; Valandra

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

Sen. Lawler moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1199 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent and Not Voting 0

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

Nays were:
Aker; Benson; Dunn (Jim); Everist; Frederick; Johnson (William)

Excused were:
Symens; Valandra

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 1180 : FOR AN ACT ENTITLED, An Act to clarify taxing authority for political subdivisions.

Was read the second time.

     The question being "Shall HB 1180 pass?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, 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; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Thompson; Vitter; Whiting

Nays were:
Kloucek

Excused were:
Frederick; Symens; Valandra

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 1088 : FOR AN ACT ENTITLED, An Act to prohibit partial-birth abortions, to provide a criminal penalty therefor, and to establish a civil cause of action.

Was read the second time.

The question being "Shall HB 1088 pass?"

And the roll being called:

Excused were:
Symens; Valandra

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 1206 : FOR AN ACT ENTITLED, An Act to authorize the sale of the state-owned facilities and land in Rapid City, commonly known as the Coal Gasification Plant, and to provide for the deposit of the proceeds.

Was read the second time.

Sen. Flowers moved that HB 1206 be deferred until Friday, February 28, the 34th legislative day.

Which motion lost.

j-1206

Sen. Staggers moved that HB 1206 be amended as follows:

On page 2 , line 9 of the printed bill , delete " state general " and insert " property tax reduction " .

Which motion lost.

Sen. Olson moved that HB 1206 be deferred until Friday, February 28, the 34th legislative day.

Which motion prevailed and the bill was so deferred.

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

Was read the second time.

o-1213f

Sen. Halverson moved that HB 1213 be amended as follows:

On page 1 , line 6 of the House engrossed bill , after " . " insert " Any public employee who goes on strike against the State of South Dakota, any political subdivision of the state, any of its authorities, commissions, or boards, the public school system or any other branch of the public service shall be immediately terminated after a notice and an opportunity to be heard. For purposes of unemployment insurance laws the terminated employee shall be conclusively presumed to have voluntarily quit the employment. No public employee who goes on strike against any of these branches of the public service may be employed in the public service for two years following the date of the employee's termination. "

On page 1 , line 11 , delete everything after " . "

On page 1 , delete lines 12 to 15 , inclusive , and insert:

" Section 2. That § 3-18-16 be amended to read as follows:

3-18-16. Any public employee ~~, upon request, shall be entitled, as hereinafter provided, to~~ may establish at a hearing that he the employee did not violate the provisions of § 3-18-10 or 3-18-11. ~~Such requests~~ The employee's request for a hearing must be filed in writing with the officer or body having the power and authority over ~~such employees~~ the employee , within ten days after any action has been taken against ~~such~~ the employee ~~, whereupon such~~ . The officer, or body, shall ~~within ten days~~ commence a proceeding at which time ~~such person~~ the employee shall be entitled to be heard for the purpose of determining whether the provisions of § 3-18-10 or 3-18-11 have been violated by ~~such~~ the public employee. ~~Such proceedings~~ This proceeding shall be ~~undertaken~~ a contested case hearing conducted pursuant to chapter 1-26 and scheduled without any unnecessary delay. The decision of ~~such proceedings shall be made within ten days~~ this proceeding may be appealed according to chapter 1-26 .

Section 3. That § 3-18-17 be repealed.

3-18-17. In the event that the employee involved is held to have violated § 3-18-10 or 3-18-11 and action is taken against him, he shall have the right of review by a trial de novo in the circuit court. Petition for such trial must be made within twenty days after the decision of the above proceedings is made known to the employee. "

Sen. Olson moved that Sen. Halverson's motion to amend HB 1213 be laid on the table.

Sen. Aker requested a roll call vote.

Which request was supported.

The question being on Sen. Olson's motion that Sen. Halverson's motion to amend HB 1213 be laid on the table.

     And the roll being called:

     Yeas 17, Nays 16, Excused 2, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hainje; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Thompson

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

Excused were:
Symens; Valandra

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Halverson's motion to amend HB 1213 was laid on the table.

     The question now being "Shall HB 1213 pass?"

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0

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

Nays were:
Drake; Halverson; Johnson (William); Staggers; Thompson

Excused were:
Symens; Valandra

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 1233 : FOR AN ACT ENTITLED, An Act to prohibit the expansion of the number of certain licensed hospital beds.

Was read the second time.

f-1233

Sen. Hainje moved that HB 1233 be amended as follows:

On page 2 , line 7 of the House engrossed bill , after " Each " insert " specialized " .

Sen. Olson moved that Sen. Hainje's motion to amend HB 1233 be laid on the table.

Sen. Thompson requested a roll call vote.

    Which request was supported.

     The question being on Sen. Olson's motion that Sen. Hainje's motion to amend HB 1233 be laid on the table.


     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent and Not Voting 0

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

Nays were:
Aker; Hainje; Paisley; Shoener; Staggers; Thompson

Excused were:
Symens; Valandra

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Hainje's motion to amend HB 1233 was laid on the table.

Sen. Frederick moved the previous question.

Which motion prevailed.

The question being "Shall HB 1233 pass?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent and Not Voting 0

Yeas were:
Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist; Flowers; Frederick; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy; Rounds; Vitter; Whiting

Nays were:
Aker; Albers; Dunn (Rebecca); Hainje; Paisley; Shoener; Staggers; Thompson

Excused were:
Symens; Valandra

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 1196 : FOR AN ACT ENTITLED, An Act to revise the mileage requirements for the reimbursement of certain school transportation costs.

Was read the second time.

     The question being "Shall HB 1196 pass?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent and Not Voting 0

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

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

Excused were:
Symens; Valandra

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.

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Education respectfully reports that it has reconsidered HB 1152 which was deferred to the 41st legislative day and returns the same without recommendation.

Respectfully submitted,
BARBARA EVERIST, Chair

There being no objection, the Senate proceeded to Order of Business No. 6.

REPORTS OF SELECT COMMITTEES

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1035 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,    Respectfully submitted,
BILL NAPOLI     JERRY J. SHOENER
DAN MATTHEWS    HAROLD W. HALVERSON
PAT HALEY     CHARLES E. FLOWERS
House Committee    Senate Committee

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

MOTIONS AND RESOLUTIONS

Sen. Rounds moved 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 relative to legislative days.

Which motion prevailed.

The President appointed as such committee Sens. Rounds, Halverson, and Hunhoff.

Sen Halverson moved that the names of the committee members appointed to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1102 be changed.

Which motion prevailed and the President appointed as such committee Sens. Everist, Shoener, and Hutmacher.

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

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 16 and 175 were lost on second reading and final passage.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 89 was tabled.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1222 which has passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1005, 1087, and 1259.

Respectfully,
KAREN GERDES, Chief Clerk

There being no objection, the Senate proceeded to Order of Business No. 13.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1222 : FOR AN ACT ENTITLED, An Act to establish a universal telecommunications service fund.

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

MESSAGES FROM THE HOUSE

(continued)

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Cutler, Gabriel, and Haley as a committee of three on the part of the House to meet with a like committee on the part of the Senate relative to legislative days.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Jarvis Brown, Belatti, and Gleason as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 43.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Hagg, Derby, and Kazmerzak as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 156.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Roe, Cutler, and Haley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 194.

Respectfully,
KAREN GERDES, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 54: FOR AN ACT ENTITLED, An Act to revise the violations which are cause for the revocation of a person's hunting, trapping, or fishing privileges and to extend the duration of the revocation.

     SB 77: FOR AN ACT ENTITLED, An Act to require the licensure of nonresident pharmacies.

     SB 86: FOR AN ACT ENTITLED, An Act to revise the standard of proof concerning whether certain acts of practitioners of the healing arts are within the scope of their practice.

     SB 122: FOR AN ACT ENTITLED, An Act to eliminate the requirement of a transfer hearing in certain proceedings against a delinquent child.

     SB 124: FOR AN ACT ENTITLED, An Act to revise the tourism promotion tax, to appropriate the revenue therefrom, and to declare an emergency.

     SB 142: FOR AN ACT ENTITLED, An Act to authorize the use of the municipal sales tax for certain street rehabilitation and reconstruction.

     SB 162: FOR AN ACT ENTITLED, An Act to require disclosure of certain information involving the sale, transfer, or merger of the assets of a nonprofit corporation.

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

     SB 196: FOR AN ACT ENTITLED, An Act to provide for civil enforcement of statutes against assisted suicide.

     SB 221: FOR AN ACT ENTITLED, An Act to exempt snowmobiles from uninsured and underinsured motorist coverage.

     SB 223: FOR AN ACT ENTITLED, An Act to temporarily authorize school districts to extend school days to make up time lost because of inclement weather and to declare an emergency.

     HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the registration of canceled livestock brands.

     HB 1010: FOR AN ACT ENTITLED, An Act to revise the definitions of real and personal property.

     HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the procedures used to impose an additional or excess tax levy for property tax purposes.

     HB 1049: FOR AN ACT ENTITLED, An Act to establish an insurance examination fund and prescribe certain requirements for insurers subject to examination.

     HB 1068: FOR AN ACT ENTITLED, An Act to provide for six-person juries in small claims actions.

     HB 1078: FOR AN ACT ENTITLED, An Act to allow a school board to request a levy in dollars per thousand dollars of taxable valuation to meet its budget.

     HB 1085: FOR AN ACT ENTITLED, An Act to clarify situations in which high school seniors are excused from school make up days and to declare an emergency.

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

     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.

     HB 1109: FOR AN ACT ENTITLED, An Act to revise the minerals and materials that may be mined under a mining license, to revise certain cement plant reporting requirements, and to revise the requirements for signatures on certain cement plant leases and conveyances.

     HB 1114: FOR AN ACT ENTITLED, An Act to define certain property for property tax purposes.

     HB 1147: FOR AN ACT ENTITLED, An Act to provide for directed trusts.

     HB 1162: FOR AN ACT ENTITLED, An Act to define the term, shall.

     HB 1163: FOR AN ACT ENTITLED, An Act to provide a provision allowing any regional railroad authority to opt out of the taxing authority provided pursuant to chapter 49-17A.

     HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding shoplifting.

     HB 1274: FOR AN ACT ENTITLED, An Act to assess the costs of rescue against vehicle operators who fail to heed a notice of the temporary restriction or closing of a state trunk highway.

     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.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 11 Introduced by: Senator Olson and Representatives Fischer-Clemens and Matthews

A LEGISLATIVE COMMEMORATION, Honoring the 1997 Mitchell High School wrestling program and the students and staff involved in the programs.

WHEREAS, the Mitchell High School wrestling team won an unprecedented third straight Class A wrestling championship by excellent and stellar performances by Justin Reiner, Tyler

Moody, Luke Ryks, Matt Kauffman, Luke Bollock, Ryan Kauffman, Tyler Jones, Matt Evers, Jarod Greenwood, Devon Long, Tim Moon, B.J. Jones, and Lars Christenson; and

WHEREAS, the wrestling team received premium wisdom and superb guidance from coaches Andy Tate, Tom Starr, Travis Carpenter, and Jim Bauder; and

WHEREAS, Tyler Jones, son of Rick and Sue Jones, was crowned Class A 140-pound state champion for his superior performance and dedication as a student athlete:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that the Mitchell High School wrestling team be recognized for its continued excellence in promoting successful student athletic programs.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 28, the 34th legislative day.

Which motion prevailed.

Sen. Daugaard moved that the Senate do now adjourn, which motion prevailed, and at 5:45 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary