Senate Journal 02/11/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 11, 1998

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

     The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of Allegiance led by Senate page Quentin Riggins.

     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-first 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.

HONORED GUESTS

Sen. Drake introduced and escorted to the rostrum Mikaela Claymore, Gettysburg, 1998 South Dakota Snow Queen.

Sen. Rounds introduced and escorted to the rostrum Jessica Melvin, Pierre, 1998 National Little Britches Rodeo Queen.

COMMUNICATIONS AND PETITIONS

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 13-47 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Charles E. Clay, Fall River County, Hot Springs, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

This appointment is effective July 1, 1998, and shall continue until July 1, 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:

Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed John Rothstein, Walworth County, Mobridge, South Dakota, to the Housing Development Authority.

This appointment is effective immediately, and shall continue until June 30, 2002.

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 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 Jerry Prostrollo, Lake County, Madison, South Dakota, to the South Dakota Railroad Authority.

This appointment is effective immediately, and shall continue until January 17, 2000.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

February 2, 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 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Dennis Yeaton, Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority.

This appointment is effective immediately, and shall continue until January 17, 2000.

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 Office of Engrossing and Enrolling has carefully compared SB 44, 45, 46, 47, 48, 49, 50, and 51 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 181 was delivered to his Excellency, the Governor, for his approval at 2:05 p.m., February 11, 1998.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 147 and HB 1120 and 1155 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 HB 1083 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 State Affairs respectfully reports that it has had under consideration HJR 1002 and returns the same with the recommendation that said joint resolution be amended as follows:

o-j1002a

On the House engrossed resolution delete all House amendments, thus returning the resolution to its original printed form.

And that as so amended said joint resolution do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 159 and HB 1169 and 1226 which were tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1200 which was deferred to the 36th legislative day.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 224 and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 124 and 241 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 SB 188, 189 and 208 which were deferred to the 36th legislative day.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1050 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1074, 1131, 1158, and 1242 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1228 which was tabled.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 196 which was deferred to the 36th legislative day.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1232 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 HB 1127, 1177, 1178, and 1235 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 203 which was tabled.

Respectfully submitted,
Alan Aker, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 215 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1098 and 1102 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1101 and returns the same with the recommendation that said bill be amended as follows:

r-1101b

On page 1 , line 6 of the House engrossed bill , after " check, " insert " described in § 22-41- 1, " .

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 HB 1112 and returns the same with the recommendation that said bill be amended as follows:

j-1112

On page 1 , line 8 of the House engrossed bill , delete everything after " negligence. " .

On page 1 , delete line 9 .

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 176 and 230 and HB 1071 which were deferred to the 36th legislative day.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 204 and HB 1067 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1024 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 94 and returns the same with the recommendation that said bill be amended as follows:

v-94

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

" Section 1. That section 17 of chapter 98 of the 1997 Session Laws be repealed.

Section 2. That section 18 of chapter 98 of the 1997 Session Laws be repealed.

Section 3. That section 22 of chapter 98 of the 1997 Session Laws be repealed.

Section 4. That § 13-28-23 be amended to read as follows:

13-28-23. If a student has been assigned by the school board of the district where the student has a school residence or has been assigned as provided by statute, that school board shall pay the student's tuition. The school boards shall take action on any request regarding the establishment of the tuition rate or the payment of tuition within forty-five days after receiving the request. The school board may negotiate the rate of tuition with a school board or any other payer. A school board's decision with respect to the student assignment may be appealed to the circuit court in the time and manner specified by § 13-46-1 or to the secretary of the Department of Education and Cultural Affairs within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice

~~to the secretary of the Department of Education and Cultural Affairs~~ . The board shall take into consideration when negotiating the rate of tuition the average cost of educating a student in the district including transportation if required.

Section 5. That § 13-28-38 be amended to read as follows:

13-28-38. Tuition required pursuant to § 13-28-22 may be waived if agreed to by the school boards involved. Notwithstanding § § 13-6-85, 13-28-9, 13-28-10, 13-28-20, and 13-28-21, the decision of a school board to waive or not to waive tuition is final except as specifically provided in this section. If a school board agrees to waive tuition, the district receiving the student may count the student for state funding formula purposes and is entitled to reimbursement for that student through the state funding formula. Any request for a waiver of tuition shall be made to the affected school boards by the parent or guardian of the affected student. The school boards shall take action on the request within forty-five days after receiving the request. A school board's decision pursuant to this section may be appealed to the circuit court in the time and manner specified by § 13-46-1 or to the secretary of the Department of Education and Cultural Affairs within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education and Cultural Affairs . The granting of any waiver is not a legal precedent for any future request for waiver."

v-94t

On page 1 , line 1 of the printed bill , delete everything after "Act" and insert " to provide for the payment of tuition for students who have been assigned to another school district. "

On page 2 , overstrike 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 194 which was deferred to the 36th legislative day.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the appointment of Margaret J. Dahl, Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the appointment of Glenna N. Fouberg, Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the appointment of Dean Sorenson, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Barbara Everist, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 44, 45, 46, 47, 48, 49, 50, and 51 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1025, 1104, 1173, 1229, 1244, 1272, 1279, 1281, and 1299 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1005 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1005: 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.

Sen. Hutmacher moved that the Committee on Appropriations be instructed to deliver SB 189 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Appropriations on SB 21 as found on page 406 of the Senate Journal; also

     Appropriations on SB 23 as found on page 409 of the Senate Journal; also

     Agriculture and Natural Resources on SB 166 as found on page 410 of the Senate Journal; also

     State Affairs on SB 185 as found on page 409 of the Senate Journal; also

     Agriculture and Natural Resources on SB 219 as found on page 411 of the Senate Journal; also

     Appropriations on SCR 2 as found on page 404 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1059: FOR AN ACT ENTITLED, An Act to revise certain statutes regarding residence and voting qualifications of magistrate judges.

Was read the second time.

The question being "Shall HB 1059 pass as amended?"

And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); 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

     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 193: FOR AN ACT ENTITLED, An Act to prohibit the taxation of United States postage.

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

Sen. Staggers moved that SB 193 be deferred until Thursday, February 12, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

SJR 4: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and legislative term limits.

Was read the second time.

Sen. Brown (Arnold) moved that SJR 4 be placed to follow SB 120 on today's calendar.

Which motion prevailed.

SB 170: FOR AN ACT ENTITLED, An Act to implement the program for advanced payment of university tuition costs.

Was read the second time.

c-170a

Sen. Everist moved that SB 170 be amended as follows:

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

" Section 1. There is hereby created the Higher Education Advance Payment Program Task Force to implement a program allowing for the advance payment of tuition as set forth in chapter 13-55E. The task force shall consist of the executive director of the Board of Regents, the state treasurer and two members of each house of the Legislature appointed by the Executive Board of the Legislative Research Council.

Section 2. That § 13-55E-13 be amended to read as follows:

13-55E-13. Rules necessary to administer this chapter shall be promulgated ~~jointly by the~~ ~~executive director and the state treasurer~~ by the Higher Education Advance Payment Program Task Force pursuant to chapter 1-26. Rules adopted pursuant to this section shall include policies and procedures governing the:

(1) Receipt of payments from purchasers on behalf of beneficiaries;

(2) Accounting and reporting to purchasers of payments deposited and invested in accordance with this chapter;

(3) Period of time during which the beneficiary may receive benefits under the contract;

(4) Terms and conditions under which contracts may be terminated or modified, refunds may be granted and direct payment of benefits may be made pursuant to § 13-55E-11;

(5) Provisions of contract benefits at institutions of higher education;

(6) Payment to institutions of higher education on behalf of beneficiaries;

(7) Imposition of fees to cover costs incurred for the administration of this chapter not to exceed the limitation imposed under § 13-55E-9; and

(8) Other terms, conditions, and provisions determined necessary for advanced payment contracts and benefits provided under contracts.

Section 3. The task force shall complete its work and report to the Legislature by January 1, 1999.

Section 4. The changes to § 13-55E-13 in section 2 of this Act are repealed on January 1, 1999. "

Sen. Everist moved that SB 170 with pending motion to amend be placed to follow SB 80 on today's calendar.

Which motion prevailed.

SB 22: FOR AN ACT ENTITLED, An Act to provide for the deposit of certain moneys, held by the Board of Regents, into the school and public lands endowment to provide partial funding for the maintenance and repair needs of the South Dakota School for the Deaf and the South Dakota School for the Visually Handicapped.

Was read the second time.

Sen. Hainje moved that SB 22 be deferred until Thursday, February 12, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

SB 74: FOR AN ACT ENTITLED, An Act to limit Board of Regents tuition and fees increases to the rate of inflation.

Was read the second time.

z-74

Sen. Dennert moved that SB 74 be amended as follows:

On page 1 , after line 9 of the printed bill , insert:

" Section 2. The Legislature may not increase appropriations for operation of state government by any percentage which exceeds the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics, United States Department of Labor, for the most recent twelve-month period. "

     Sen. Lawler moved that SB 74 and Sen. Dennert's pending motion to amend be laid on the table.

     The question being on Sen. Lawler's motion that SB 74 and the pending motion to amend be laid on the table.

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Halverson; Ham; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Aker; Benson; Brosz; Drake; Frederick; Hainje; Johnson (William); Kleven; Rounds

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 74 and the pending motion to amend were laid on the table.

SB 80: FOR AN ACT ENTITLED, An Act to permit school districts to enter an agreement with a nonprofit organization to provide for construction, operation, and maintenance of facilities.

Was read the second time.

     The question being "Shall SB 80 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); 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

     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 170: FOR AN ACT ENTITLED, An Act to implement the program for advanced payment of university tuition costs.

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

The question being on Sen. Everist's pending motion to amend SB 170.

Which motion prevailed.

The question now being "Shall SB 170 pass as amended?"

And the roll being called:

The question being on the title.

Sen. Everist moved that the title to SB 170 be amended as follows:

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " create the Higher Education Advance Payment Plan Task Force. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 120: FOR AN ACT ENTITLED, An Act to revise the funding of special education.

Was read the second time.

v-120a

Sen. Everist moved that SB 120 be amended as follows:

On page 7 , after line 11 of the Senate Education committee engrossed bill , insert:

" Section 15. The Department of Education and Cultural Affairs shall collect from all public school districts and educational cooperatives detailed financial reports containing special education expenditures for the school years ending in 1997 and 1998 on forms prescribed by the secretary of education and cultural affairs. The reports shall state special education expenditures by disability category as defined in ARSD 24:05:24:01, including staffing levels, specific contracted services, transportation costs, indirect costs, and any other data deemed pertinent by the secretary of education and cultural affairs.

Each school district shall file the report containing special education expenditures for the school year ending in June 1997 by July 10, 1998, or sixty days after the Department of Education and Cultural Affairs makes the forms available to the school district, whichever is later. If complete and accurate reports are not filed by this date and an extension has not been granted by the secretary of education and cultural affairs, the school district shall forfeit from

its foundation aid entitlement one hundred dollars for each day that the data is past due for seven days and two hundred dollars for each day past due thereafter starting with the eighth day.

Each school district shall file the report containing special education expenditures for the school year ending in June 1998 by October 16, 1998, or sixty days after the Department of Education and Cultural Affairs makes the forms available to the school district, whichever is later. If complete and accurate reports are not filed by this date and an extension has not been granted by the secretary of education and cultural affairs, the school district shall forfeit from its foundation aid entitlement one hundred dollars for each day that the data is past due for seven days and two hundred dollars for each day past due thereafter starting with the eighth day.

The secretary of education and cultural affairs shall report the findings of both reports to the Governor and the Legislature by January 15, 1999. "

x-120

Sen. Frederick moved that Sen. Everist's motion to amend SB 120 be amended as follows:

In paragraph one, after "ARSD 24:05:24:01" insert "which was in effect on July 1, 1997".

Which motion prevailed and Sen. Everist's motion to amend SB 120 was so amended.

The question being on Sen. Everist's motion, as amended, to amend SB 120.

Which motion prevailed.

     The question now being "Shall SB 120 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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
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.

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 189, which was reconsidered, and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Randy Frederick, Chair

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

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1204.

Respectfully,
KAREN GERDES, Chief Clerk

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

r-j4a

Sen. Whiting moved that SJR 4 be amended as follows:

On page 2 , line 2 of the printed resolution, remove the overstrikes from " ~~or a total of eight consecutive~~ " .

On page 2 , line 2 , overstrike " eight " and insert " twelve " .

On page 2 , delete line 3 , and insert " years in the senate , whichever is longer, and more than ~~four~~ three consecutive terms or a total of ~~eight~~ twelve consecutive " .

On page 2 , line 4 , remove the overstrikes from " ~~years~~ " .

On page 2 , line 4 , after " representatives " insert " , whichever is longer " .

Which motion prevailed and SJR 4 was so amended.

r-j4

Sen. Brown (Arnold) moved that SJR 4 be further amended as follows:

On page 2 , line 7 of the printed resolution , after " terms. " insert " Any person who has served eight consecutive years in either house immediately prior to the primary and general elections in the year 2000 is ineligible to stand for election to the same house in the year 2000. "

Which motion prevailed and SJR 4 was so amended.

Sen. Frederick moved the previous question.

Which motion prevailed.

     The question being "Shall SJR 4 pass as amended?"

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Brosz; Brown (Arnold); Dennert; Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Lange; Lawler; Rounds; Shoener; Vitter; Whiting

Nays were:
Albers; Benson; Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kleven; Kloucek; Morford; Munson (David); Olson; Paisley; Reedy; Staggers; Symens; Valandra

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

Sen. Brown (Arnold) announced his intention to reconsider the vote by which SJR 4 was lost.

SB 136: FOR AN ACT ENTITLED, An Act to authorize planning for a coordinated statewide 911 emergency reporting system and to make an appropriation therefor.

Was read the second time.

     The question being "Shall SB 136 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); 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

     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 163: FOR AN ACT ENTITLED, An Act to delay the adoption and implementation of course guidelines for language arts and mathematics.

Was read the second time.

     The question being "Shall SB 163 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); 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

     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 165: FOR AN ACT ENTITLED, An Act to provide an exemption from the Uniform Unclaimed Property Act for certain unredeemed gift certificates.

Was read the second time.

x-165

Sen. Rounds moved that SB 165 be further amended as follows:

On page 1 , line 13 of the Senate State Affairs committee engrossed bill , after " chapter " insert " if the gift certificate is issued prior to the effective date of this Act " .

Sen. Olson moved the previous question on SB 165 and Sen. Rounds' motion that SB 165 be further amended.

Which motion prevailed.

The question being on Sen. Rounds' motion that SB 165 be further amended.

Which motion lost.

     The question now being "Shall SB 165 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, 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); Rounds; Shoener; Staggers; Vitter; Whiting

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Paisley; Reedy; 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.

SB 173: FOR AN ACT ENTITLED, An Act to revise the average daily membership for consolidated school districts.

Was read the second time.

The question being "Shall SB 173 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Whiting

Nays were:
Brosz; Vitter

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding confidentiality of child abuse or neglect information.

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

HB 1104: FOR AN ACT ENTITLED, An Act to exempt certain contracting school districts from certain taxation requirements.

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

HB 1173: FOR AN ACT ENTITLED, An Act to revise the procedures to confirm a change of designated telecommunications companies.

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

HB 1229: FOR AN ACT ENTITLED, An Act to decrease the petroleum release compensation and tank inspection fee and to revise the distribution of revenue from the petroleum release compensation and tank inspection fee and from the capital construction fund.

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

HB 1244: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of pharmacy.

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

HB 1272: FOR AN ACT ENTITLED, An Act to require certain children in passenger vehicles to be in a child passenger restraint system.

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

HB 1279: FOR AN ACT ENTITLED, An Act to prohibit the possession of a firearm by persons convicted of certain felony drug offenses.

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

HB 1281: FOR AN ACT ENTITLED, An Act to authorize certain uses of money in a school district's special education fund.

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

HB 1299: FOR AN ACT ENTITLED, An Act to provide for a temporary permit to practice as an athletic trainer.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1020: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a softball complex at the University of South Dakota and to make an appropriation therefor.

Was read the second time.

     The question being "Shall HB 1020 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, 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; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Brosz; Johnson (William); Staggers

Excused were:
Halverson

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 1021: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase a tract of land in Vermillion, Clay County, and to make an appropriation.

Was read the second time.

     The question being "Shall HB 1021 pass?"

     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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Johnson (William)

Excused were:
Paisley

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 1070: FOR AN ACT ENTITLED, An Act to permit the sale of certain alcoholic beverages on Memorial Day.

Was read the second time.

Sen. Vitter moved that HB 1070 be deferred until Thursday, February 12, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

HB 1135: FOR AN ACT ENTITLED, An Act to authorize production incentive payments for ethanol derived from biomass.

Was read the second time.

     The question being "Shall HB 1135 pass?"

     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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Staggers

Excused were:
Paisley

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 1136: FOR AN ACT ENTITLED, An Act to revise certain requirements for the denaturing of ethanol alcohol.

Was read the second time.

     The question being "Shall HB 1136 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); 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

     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.

SIGNING OF BILLS

     The President publicly read the title to

     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.

     And signed the same in the presence of the Senate.

Sen. Vitter moved that the Senate do now adjourn, which motion prevailed, and at 5:23 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary