JOURNAL OF THE SENATE

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SEVENTEENTH DAY

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STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 4, 1998

     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 Brandon Stengel.

     Roll Call: All members present except Sen. Rebecca Dunn who was excused.

MADAM PRESIDENT:

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

    Also, that the Secretary of the Senate has reconsidered the Senate Journal of the fourteenth day and finds that the following correction be made in the report of the Committee on Taxation:

    On page 259, line 3, delete "98".

     All other 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.

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     The President introduced the 1996-97 Outstanding School Administrators of South Dakota: Darwin Peterson, Alexandria, School Superintendents Association; Marvin Sharkey, Brandon, Elementary School Principals Association; Tom Riedel, Spearfish, Secondary School Principals Association; Josephine Hartmann, Sturgis, Supervision and Curriculum Development Association; and Randall Morris, Black Hills Special Services Cooperative-Sturgis, South Dakota Council of Administrators of Special Education.

January 26, 1998

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

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Daniel C. Cronin, Potter County, Gettysburg, South Dakota, to the State Board of Regents.

    This appointment is effective March 31, 1998, and shall continue until March 31, 2004.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

January 29, 1998

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

Dear Madam President and Members of the Senate:

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    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed D. J. Mertens, Jones County, Murdo, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 18, 2000.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

January 27, 1998

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

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Section 20-13-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Debra D. Watson, Pennington County, Rapid City, South Dakota, to the Commission on Human Rights.

    This appointment is effective immediately, and shall continue until June 30, 2001.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

January 29, 1998

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

Dear Madam President and Members of the Senate:

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    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Warren Lotsberg, Beadle County, Huron, South Dakota, to the South Dakota Railroad Authority.

    This appointment is effective immediately, and shall continue until January 21, 2002.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 158 which was tabled.

Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 212 and 232 which were deferred to the 36th legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 200 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 Education respectfully reports that it has had under consideration SB 111 and returns the same with the recommendation that said bill be amended as follows:

f-111

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

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"      Section  1.  A political subdivision may loan all or any portion of a fund, not otherwise obligated, to another fund of that political subdivision for a term not to exceed five years. If money is loaned from one fund to another fund, the repayment to the original fund may not include any payment of interest, fees, or other charges. "

f-111t

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " permit a political subdivision to loan all or any portion of a fund to another fund under certain conditions. "

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

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

c-149a

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

"      Section 1. That chapter 13-5 be amended by adding thereto a NEW SECTION to read as follows:

     No school district may be formed after July 1, 1998, unless it operates both an elementary and a secondary school within the boundaries of the district.

     Section 2. That chapter 13-15 be amended by adding thereto a NEW SECTION to read as follows:

     No school district may enter into contractual agreements pursuant to § §  13-15-1.3 or 13-15- 11 after July 1, 1998.

     Section 3. That chapter 13-15 be amended by adding thereto a NEW SECTION to read as follows:

     Any school district that has entered into contractual agreements pursuant to § §  13-15-1.3 or 13-15-11 on or before July 1, 1997, is not subject to the provisions of Section 2 of this Act. "

c-149b

     On the previous amendment, after Section 3, insert:

"      Section 4. That § 13-15-14.2 be repealed.

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     13-15-14.2.   Any school district that enters into contractual agreements pursuant to §   13-15-1.3 or 13-15-11 for the first time after July 1, 1989, shall within four years of commencement of the contractual agreement, operate an elementary school and a secondary school within the boundary of the school district, reorganize the school district pursuant to chapter 13-6 or adjust its taxation pursuant to §   §   13-11-9 to 13-11-11, inclusive. Any school district that entered into a contractual agreement pursuant to §   13-15-1.3 before July 1, 1989, shall within three years of July 1, 1990, operate an elementary school and a secondary school within the boundary of the school district, reorganize the school district pursuant to chapter 13-6 or adjust its taxation pursuant to §   §   13-11-9 to 13-11-11, inclusive. "

     Section 5. That chapter 13-15 be amended by adding thereto a NEW SECTION to read as follows:

     Any school district that enters into contractual agreements pursuant to §  13-15-11 and sends over fifty percent of its resident students enrolled in grades for which it contracts to an adjoining school district or districts located in South Dakota shall reorganize the school district pursuant to chapter 13-6 within two years of the end of the school year. For the purposes of this section, the number of students attending adjoining districts shall be based on general enrollment average daily membership pursuant to §  13-13-10.1(1).

     Section 6. That § 13-11-9 be amended to read as follows:

     13-11-9.   For any school district that is sending its students to an adjoining school district pursuant to §  13-15-1.3, the county auditor shall spread a levy over the taxable property of the sending school district sufficient to raise the sending school district's tax levy per one thousand dollars of taxable valuation up to the weighted average tax levy per one thousand dollars of taxable valuation of the receiving school districts. The weighted average tax levy shall be calculated pursuant to §  13-11-10. This section does not apply to a school district that operates a secondary school or enters into contractual agreements pursuant to §  13-15-11 .

c-149t

     On page 1 , line 1 of the printed bill , delete " contracting school " and insert " the formation of school districts and contractual agreements among school districts. "

     On page 2 , delete line 2 .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 121 and 190 which were deferred to the 36th legislative day.

Respectfully submitted,
Barbara Everist, Chair

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Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 214 and returns the same with the recommendation that said bill be amended as follows:

r-214

     On page 1 , line 6 of the printed bill , delete " filed " .

     On page 1 , line 7 , delete " or recorded or submitted for filing or recording " and insert " recorded " .

     On page 1 , line 8 , delete " filing, recording, or submission for filing or " .

     On page 1 , line 9 , after " recording " insert " of the document or instrument " .

     On page 2 , line 1 , delete " filed or submitted for filing and recording " and insert " recorded " .

     On page 2 , line 2 , delete " complete and file with the clerk of courts a motion on a form " and insert " file an action in circuit court pursuant to §  22-11-30 or 22-11-33 to have the purported lien removed. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to fees, costs, or expenses allowed by those sections. "

     On page 2 , delete line 3 .

     On page 2 , line 6 , after " filed " delete " or " .

     On page 2 , line 7 , delete " recorded or submitted for filing or recording " .

     On page 2 , line 8 , delete " recording, or submission for filing or recording " and insert " of the document or instrument " .

     On page 2 , line 14 , delete " or recorded " .

     On page 2 , line 14 , delete " complete " .

     On page 2 , delete line 15 , and insert " file an action in circuit court pursuant to §  22-11-33 to have the purported judgment vacated. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to any fees, costs, or expenses allowed by that section. "

     And that as so amended said bill do pass.

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Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 220 and returns the same with the recommendation that said bill be amended as follows:

r-220

     On page 1 , line 9 of the printed bill , delete " court " and insert " Unified Judicial System " .

R-220a

     On page 1 , line 7 of the printed bill , delete " or after having consumed " .

     On page 1 , delete line 8 , and insert " or with physical evidence of alcohol present in the " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 222 and returns the same with the recommendation that said bill be amended as follows:

r-222

     On page 2 , line 5 of the printed bill , delete " Such lien is " .

     On page 2 , delete lines 6 to 8 , inclusive .

R-222a

     On page 1 , delete lines 4 to 7 of the printed bill , inclusive .

R-222b

     On page 1 , line 11 of the printed bill , after " training " insert " charges " .

     On page 2 , line 5 , after " training " insert " charges, " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 236 and returns the same with the recommendation that said bill be amended as follows:

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r-236a

     On page 4 , line 19 of the printed bill , after " principal. " insert " The Department of Social Services shall be served with process in any matter where an interested party may owe a debt to the department pursuant to §  28-6-23. "

R-236b

     On page 2 , line 14 of the printed bill , after " rights " insert " or interests " .

     On page 2 , line 15 , after " impaired " insert " or adversely affected " .

     On page 3 , line 24 , delete " 2 " and insert " 1 " .

     On page 7 , line 17 , delete " Part or all of the " and insert " The " .

     On page 7 , line 17 , delete " occurs in this state, including " and insert " , for example, " .

     On page 7 , line 20 , after " trust " insert " , occurs wholly or partly in this state " .

     On page 7 , between lines 20 and 21 , insert:

    "Nothing in this section may be construed to be the exclusive means of providing a valid effective and conclusive state jurisdiction provision."

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 197 and returns the same with the recommendation that said bill be amended as follows:

r-197

     On page 1 , line 6 of the printed bill , after " place " insert " venue " .

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

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 100 and 229 which were tabled.

Respectfully submitted,
Fred Whiting, Chair

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Also MADAM PRESIDENT:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1087 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Health and Human Services respectfully reports that it has had under consideration SB 213 and 228 which were deferred to the 36th legislative day.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Local Government respectfully reports that it has had under consideration SB 164 which was deferred to the 36th legislative day.

Respectfully submitted,
Alan Aker, Chair

MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1037, 1107, 1178, and 1252 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

     Sen. Olson moved that the Committee on State Affairs be instructed to deliver SB 83 to the floor of the Senate, pursuant to Joint Rule 7-7.

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     Which motion was supported and the committee was so instructed.

     Sen. Flowers moved that the Committee on Commerce be instructed to deliver SB 209 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     SCR 3:   A CONCURRENT RESOLUTION,   Endorsing federal legislation to designate the Ronald Reagan Washington National Airport.

     Sen. Aker moved that SCR 3 as found on page 297 of the Senate Journal be adopted.

     The question being on Sen. Aker's motion that SCR 3 be adopted.

     And the roll being called:

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

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

     Nays were:
Dennert; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Symens; Valandra

     Excused were:
Dunn (Rebecca)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 3 was adopted.

     Yesterday, Sen. Staggers announced his intention to reconsider the vote by which the motion to strike the "not" on the report of the Committee on State Affairs on SJR 1 failed.

    Sen. Staggers moved to reconsider the vote by which the motion on SJR 1 failed.

     The question being on Sen. Staggers' motion to reconsider the vote by which the motion to strike the "not" on the report of the Committee on State Affairs on SJR 1 failed.

     And the roll being called:

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     Yeas 14, Nays 20, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Dennert; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Staggers; Symens; Valandra

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

     Excused were:
Dunn (Rebecca)

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

     SCR 4   Introduced by:  Senators Kloucek, Flowers, Frederick, Hunhoff, Hutmacher, Lange, Reedy, and Symens and Representatives Weber, Chicoine, Collier, Davis, Duxbury, Fischer- Clemens, Jaspers, Kazmerzak, Lee, Lockner, Putnam, Schrempp, and Van Gerpen

A CONCURRENT RESOLUTION,  Requesting the United States Congress and certain federal     agencies to require reflectors on interstate railroad cars.

     WHEREAS,  numerous accidents causing fatalities or serious injuries in South Dakota and throughout the nation have resulted from the inability of motor vehicle drivers to see moving or stationary railroad engines and cars at unlighted, rural railroad crossings; and

     WHEREAS,  the use of reflective devices or materials on the sides of stationary or moving railroad engines and cars would greatly increase their nighttime visibility to motor vehicle drivers; and

     WHEREAS,  the State of South Dakota is powerless to require such reflectors since these railroad engines and cars are involved in interstate commerce and are not subject to regulation by state law; and

     WHEREAS,  this problem has existed for a number of years and has not been resolved despite previous requests of the Legislature to the United States Congress and the appropriate federal agencies to require reflectors on railroad engines and cars; and

     WHEREAS,  this problem needs immediate attention to save lives and prevent serious injuries:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature request that the United States Congress, the United States Department of Transportation, and the Surface Transportation Board take immediate action to require that

reflective devices or materials be used on all railroad engines and cars involved in interstate commerce.

     Was read the first time and the President waived the committee referral.

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

     Commerce on SB 223 as found on page 293 of the Senate Journal; also

     Commerce on HB 1041 as found on page 295 of the Senate Journal; also

     Commerce on HB 1042 as found on page 292 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

     SB 171:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the design of motor vehicle license plates.

     Was read the second time.

     The question being "Shall SB 171 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 1030:   FOR AN ACT ENTITLED, An Act   to revise and remove certain segments of the state trunk highway system.

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     Was read the second time.

     The question being "Shall HB 1030 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 1038:   FOR AN ACT ENTITLED, An Act   to repeal certain requirements regarding school bus stop arm signals.

     Was read the second time.

     The question being "Shall HB 1038 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 1039:   FOR AN ACT ENTITLED, An Act   to repeal the prohibition against operating a motor vehicle with parking lights.

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     Was read the second time.

     The question being "Shall HB 1039 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 1044:   FOR AN ACT ENTITLED, An Act   to define certain bank dividends.

     Was read the second time.

     The question being "Shall HB 1044 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 1048:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the Board of Counselor Examiners and the regulation of counseling.

     Was read the second time.

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     The question being "Shall HB 1048 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 1075:   FOR AN ACT ENTITLED, An Act   to authorize the towing of certain vehicles in combination by farm implement dealers under certain conditions.

     Was read the second time.

     The question being "Shall HB 1075 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 1081:   FOR AN ACT ENTITLED, An Act   to allow certain older motor vehicles with out-of-state titles to be sold at public auctions under certain conditions.

     Was read the second time.

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     The question being "Shall HB 1081 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 1156:   FOR AN ACT ENTITLED, An Act   to repeal the recording of certain licenses at the register of deeds office and to require the licenses and renewal certificates to be displayed.

     Was read the second time.

     The question being "Shall HB 1156 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 filing of financing statements and continuation statements.

     Was read the second time.

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     The question being "Shall HB 1172 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Brown (Arnold); Dunn (Rebecca)

     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 178:   FOR AN ACT ENTITLED, An Act   to revise certain provisions related to involuntary commitment for alcohol or drug treatment.

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

     The question being "Shall SB 178 pass?"

     And the roll being called:

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

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

     Excused were:
Dunn (Rebecca)

     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.

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     SB 206:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the disposition of seized controlled weapons and firearms.

     Was read the second time.

     The question being "Shall SB 206 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Dunn (Rebecca)

     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 225:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to workers' compensation during a period of rehabilitation.

     Was read the second time.

    Sen. Brown moved the previous question.

    Which motion prevailed.

     The question being "Shall SB 225 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 13, Excused 2, Absent and Not Voting 0

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

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     Nays were:
Dennert; Flowers; Hainje; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Valandra

     Excused were:
Aker; Dunn (Rebecca)

     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 227:   FOR AN ACT ENTITLED, An Act   to require training in parenting skills for certain persons.

     Was read the second time.

     The question being "Shall SB 227 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Kloucek

     Excused were:
Dunn (Rebecca)

     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 1037:   FOR AN ACT ENTITLED, An Act   to grant and modify the inspection powers of the Board of Nursing and the Board of Medical and Osteopathic Examiners.

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

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     HB 1107:   FOR AN ACT ENTITLED, An Act   to change the location for the Department of Transportation to file the resolution concerning the acquisition of right-of-way.

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

     HB 1178:   FOR AN ACT ENTITLED, An Act   to allow the use of absentee voting in certain township elections and to allow registered voters to file a petition requiring township candidates to file a nominating petition.

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

     HB 1252:   FOR AN ACT ENTITLED, An Act   to provide for the insertion of certain language in marriage license applications.

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

     HB 1007:   FOR AN ACT ENTITLED, An Act   to revise the requirements concerning a candidate's support of congressional term limits and to provide the board of elections with rule- making authority for implementing the voter's instructions on term limits and to declare an emergency.

     Was read the second time.

     Sen. Vitter moved that HB 1007 be deferred until Thursday, February 5, the 18th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1047:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the licensing of marriage and family therapists.

     Was read the second time.

     The question being "Shall HB 1047 pass as amended?"

     And the roll being called:

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     Yeas 30, Nays 4, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Dunn (Jim); Kloucek; Morford; Staggers

     Excused were:
Dunn (Rebecca)

     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.

     SC 7   Introduced by:  Senators Kloucek, Daugaard, Dennert, Dunn (Rebecca), Everist, Flowers, Hainje, Hunhoff, Hutmacher, Morford, Olson, Reedy, Rounds, and Valandra and Representatives Putnam, Chicoine, Crisp, Duxbury, Koetzle, Kooistra, Moore, Munson (Donald), Van Gerpen, and Windhorst

A LEGISLATIVE COMMEMORATION,  Honoring the 1997 Freeman Flyer High School     football team and the students and staff involved in the football program.

     WHEREAS,  the 1997 Freeman Flyer High School football team won the South Dakota 9A High School Football Championship with a second perfect 13-0 record by virtue of excellent academic achievement and dedication on and off the athletic field; and

     WHEREAS,  the Freeman Flyer football team received superior wisdom and superb leadership guidance from coaches Jim Aisenbrey, Jim Kaufman, and Al West; and

     WHEREAS,  Jeff Schultz, Josh Hofer, Nathan Walter, and Alex Haar were awarded Class 9A First-team All-State Awards for their exceptional performances and perseverance during the 1997 season:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-third Legislature of the State of South Dakota, that the Freeman Flyer High School football team be recognized for their excellence in athletics and academics for the 1997-1998 school year.

     Sen. Staggers moved that the Senate do now adjourn, which motion prevailed, and at 3:50 p.m. the Senate adjourned.