JOURNAL OF THE SENATE

SEVENTY-THIRD  SESSION



TWENTY-SIXTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 17, 1998

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Katie Doblar.

     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-fifth day and finds that the following correction be made:

    On page 532, line 1, delete "27" and insert "28"; delete "7" and insert "6".

    On page 532, line 5, after "Symens" insert "Vitter"; on line 7, delete "Vitter".

     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.
    The oath of office was administered by the President to the following named persons:

    Assistant Sergeant-at Arms -- Don Rounds

    Pages -- Spencer Arne, Alison Benning, Katie Doblar, Brent Kruse, Jessica McManus, Malene Randall, Michael Reddy, Lindsey Roesch, Kati Seymour, and Libby Stengel.

    Which were subscribed to and placed on file in the office of the Secretary of State.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


    Sen. Halverson moved that the consideration of the executive appointments on today's calendar be taken on one vote as on a consent calendar.

    Which motion prevailed.

     The Senate proceeded to the consideration of the executive appointment of Charles E. Clay of Fall River County, Hot Springs, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

    The question being "Does the Senate advise and consent to the executive appointment of Charles E. Clay pursuant to the executive message as found on page 440 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 1, 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Jerry Prostrollo of Lake County, Madison, South Dakota, to the South Dakota Railroad Authority.

    The question being "Does the Senate advise and consent to the executive appointment of Jerry Prostrollo pursuant to the executive message as found on page 441 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 1, 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Dennis Yeaton of Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority.

    The question being "Does the Senate advise and consent to the executive appointment of Dennis Yeaton pursuant to the executive message as found on page 441 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 1, 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of John Rothstein of Walworth County, Mobridge, South Dakota, to the South Dakota Housing Development Authority.

    The question being "Does the Senate advise and consent to the executive appointment of John Rothstein pursuant to the executive message as found on page 441 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 1, 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

COMMUNICATIONS AND PETITIONS


February 17, 1998

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 44, 46, 47, 48, 49, 50, 51 and 58, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1330 and returns the same with the recommendation that said bill do pass.


Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1010 and 1273 and returns the same with the recommendation that said bills do pass.


Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1028 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 Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1002 and returns the same with the recommendation that said resolution be concurred in.


Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1099 and 1214 and returns the same with the recommendation that said bills do pass.



Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1251 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
Jerry Shoener, Chair


Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1107 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 HCR 1013 and returns the same with the recommendation that said resolution be concurred in and be placed on the Consent Calendar.


Respectfully submitted,
Kermit Staggers, Chair
MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 3, 6, 8, 9, 10, 15, 17, 18, 25, 27, 42, 57, 76, 130, and 198 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 64 and 112 which have been amended by the House and your concurrence in the amendments 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 second time.

     Sen. Hunhoff moved that the Senate do concur in HCR 1005 as found on page 143 of the House Journal.

     The question being on Sen. Hunhoff's motion that the Senate do concur in HCR 1005.

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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

     Excused were:
Benson

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1005 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Judiciary on HB 1206 as found on page 529 of the Senate Journal; also

     Judiciary on HB 1252 as found on page 529 of the Senate Journal; also

     Judiciary on HB 1270 as found on page 529 of the Senate Journal; also

     Local Government on HB 1271 as found on page 527 of the Senate Journal; also

     Education on HB 1281 as found on page 528 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1086:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding court- ordered temporary custody of a child.

     Was read the second time.

     The question being "Shall HB 1086 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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

     Excused were:
Benson

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

     Was read the second time.

     The question being "Shall HB 1104 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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

     Excused were:
Benson

     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 1121:   FOR AN ACT ENTITLED, An Act   to provide for the contracting of legal services for indigent defense and to create a lien in support thereof.

     Was read the second time.

     The question being "Shall HB 1121 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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

     Excused were:
Benson

     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 1157:   FOR AN ACT ENTITLED, An Act   to allow aldermanic municipalities to set the term of office by ordinance.

     Was read the second time.

     The question being "Shall HB 1157 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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

     Excused were:
Benson

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

     Was read the second time.

     The question being "Shall HB 1173 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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

     Excused were:
Benson

     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 1193:   FOR AN ACT ENTITLED, An Act   to require that certain information be disclosed on the sex offender registry.

     Was read the second time.

     The question being "Shall HB 1193 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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

     Excused were:
Benson

     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 1210:   FOR AN ACT ENTITLED, An Act   to provide for the forfeiture of security for failure to comply with the provisions of § 23A-43-4.2.

     Was read the second time.

     The question being "Shall HB 1210 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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

     Excused were:
Benson

     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 1211:   FOR AN ACT ENTITLED, An Act   to allow for the revocation or suspension of law enforcement certification for conduct unbecoming an officer.

     Was read the second time.

     The question being "Shall HB 1211 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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

     Excused were:
Benson

     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 1067:   FOR AN ACT ENTITLED, An Act   to clarify that certain communications between school psychologists and students are privileged.

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

     Sen. Hutmacher moved that HB 1067 be deferred until Wednesday, February 18, the 27th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1248:   FOR AN ACT ENTITLED, An Act   to authorize off-sale alcoholic beverage licensees to provide free samples of malt beverages and distilled spirits.

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

     The question being "Shall HB 1248 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Drake; Dunn (Jim); Everist; Flowers; Frederick; Hunhoff; Johnson (William); Lange; Munson (David); Rounds; Shoener; Staggers; Symens; Valandra; Vitter

     Nays were:
Brosz; Daugaard; Dennert; Dunn (Rebecca); Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lawler; Morford; Olson; Paisley; Reedy; Whiting

     Excused were:
Benson

     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 1029:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to the types, procedures and qualifications for issuance, eligibility, privileges, and fees of certain hunting and fishing licenses issued by the Department of Game, Fish and Parks.

     Was read the second time.

     Sen. Dunn (Jim) moved that HB 1029 be deferred until Wednesday, February 18, the 27th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1212:   FOR AN ACT ENTITLED, An Act   to increase the salary of legislators.

     Was read the second time.

j-1212

     Sen. Paisley moved that HB 1212 be further amended as follows:

     On page 2 , line 7 of the House State Affairs committee engrossed bill , delete " 1999 " and insert " 2001 " .


     Sen. Frederick moved that Sen. Paisley's motion that HB 1212 be further amended be laid on the table.

    Sen. Aker requested a roll call vote.


    Which request was supported.


     The question being on Sen. Frederick's motion that Sen. Paisley's motion that HB 1212 be further amended be laid on the table.

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Frederick; Halverson; Ham; Hutmacher; Johnson (William); Lange; Lawler; Morford; Olson; Reedy; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Daugaard; Dunn (Jim); Hainje; Hunhoff; Kleven; Kloucek; Munson (David); Paisley; Rounds

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

     The question now being "Shall HB 1212 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0

     Yeas were:
Benson; Brosz; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Johnson (William); Lange; Lawler; Morford; Olson; Paisley; Reedy; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Aker; Albers; Daugaard; Dunn (Jim); Hunhoff; Hutmacher; Kleven; Kloucek; Munson (David); Rounds; Staggers

     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 1285:   FOR AN ACT ENTITLED, An Act   to restrict parental choice of certain nonmedical remedial health services for children.

     Was read the second time.

     Sen. Hutmacher moved that HB 1285 be laid on the table.

     The question being on Sen. Hutmacher's motion that HB 1285 be laid on the table.

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Nays were:
Brown (Arnold); Daugaard; Everist; Hainje; Munson (David); Olson; Paisley; Symens; Valandra

     Excused were:
Frederick

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1285 was laid on the table.

     HB 1286:   FOR AN ACT ENTITLED, An Act   to provide the court with discretion, under limited circumstances, when ordering restitution to victims of certain crimes.

     Was read the second time.

     Sen. Rounds moved that HB 1286 be deferred until Wednesday, February 18, the 27th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1069:   FOR AN ACT ENTITLED, An Act   to revise the procedure for the valuation of agricultural land and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1069 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     HB 1267:   FOR AN ACT ENTITLED, An Act   to provide for scholarships for certain persons receiving workers' compensation benefits.

     Was read the second time.

     Sen. Kloucek moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1267 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent and Not Voting 0

     Yeas were:
Benson; Brown (Arnold); Dennert; 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; Symens; Valandra; Vitter; Whiting

     Nays were:
Aker; Albers; Brosz; Daugaard; Drake; Shoener; Staggers

     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 1013:   FOR AN ACT ENTITLED, An Act   to provide for the issuance of a landowner license to hunt certain big game animals.

     Was read the second time.

     The question being "Shall HB 1013 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, 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; Symens; Valandra; Vitter; Whiting

     Nays were:
Dunn (Rebecca); Staggers

     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 1027:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the collection of child support.

     Was read the second time.

f-1027

     Sen. Lange moved that HB 1027 be further amended as follows:

     On page 17 , after line 22 of the Senate Judiciary committee engrossed bill , insert:

"      Section 17. That chapter 28-7A be amended by adding thereto a NEW SECTION to read as follows:

     The Department of Social Services shall implement a workforce development initiative program, whereby family subsistence grants shall be made to individuals in postsecondary educational programs on the same basis as Temporary Assistance for Needy Families payments. The purpose of the workforce development initiative is to raise the skill and education level of South Dakota's workforce by assisting families while a parent receives education or training necessary to qualify for family-sustaining work. The department shall utilize maintenance of effort funds to support this program. Participation in the workforce development initiative shall be considered as fulfilling any work participation requirement for the purposes of child care subsidies. "

     Sen. Rounds moved that Sen. Lange's motion that HB 1027 be further amended be laid on the table.

    Sen. Hunhoff requested a roll call vote.

    Which request was supported.


     The question being on Sen. Rounds' motion that Sen. Lange's motion that HB 1027 be further amended be laid on the table.

     And the roll being called:

     Yeas 21, Nays 12, Excused 2, 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; Whiting

     Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Symens; Valandra

     Excused were:
Hutmacher; Vitter

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

     The question now being "Shall HB 1027 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; Valandra; Whiting

     Excused were:
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.

     HB 1082:   FOR AN ACT ENTITLED, An Act   to revise the permissible number of county commissioners.

     Was read the second time.

     The question being "Shall HB 1082 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 7, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Flowers; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Albers; Dunn (Jim); Everist; Frederick; Paisley; Rounds; Shoener

     Excused were:
Dunn (Rebecca); Halverson

     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 1195:   FOR AN ACT ENTITLED, An Act   to revise certain organizational and administrative procedures for consumers power districts.

     Was read the second time.

t-1195

     Sen. Lange moved that HB 1195 be further amended as follows:

     On page 5 , delete lines 18 to 22 of the House Local Government committee engrossed bill , inclusive , and insert:

"      Section 7. That § 49-35-13 be repealed.

     49-35-13.   The circuit judge obtaining jurisdiction of a petition for the organization of a consumers power district in rural areas shall make such investigation as to him shall seem advisable in determining the decision to make thereon, and within ten days after hearing on the said petition shall make his decision either approving or rejecting the formation of the district, and such decision shall thereupon be filed in the office of the clerk of courts of the county in which the principal place of business of the district is to be located and shall be attached to the original petition on file therein and certified copies of the same shall thereupon be filed in the office of the clerk of courts in each of the counties in which any part of the district extends and shall be attached to the certified copy of the petition on file in said county. "


     Which motion prevailed and HB 1195 was so amended.

     The question being "Shall HB 1195 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Aker; Halverson

     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 1197:   FOR AN ACT ENTITLED, An Act   to increase the penalties for drug distribution and storage and for possession of drugs and drug paraphernalia.

     Was read the second time.

     The question being "Shall HB 1197 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Flowers; Valandra

     Excused were:
Lawler

     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.

     President Pro tempore Halverson now presiding.

     HB 1221:   FOR AN ACT ENTITLED, An Act   to define and regulate a qualified education loan insurer, to provide for the investment of certain funds, to allow surety student loan insurance, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1221 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; 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

     Nays were:
Albers

     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 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 second time.

     The question being "Shall HB 1229 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; 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; Vitter; Whiting

     Excused were:
Dunn (Rebecca); 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 1234:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to confidentiality of certain medical committees.

     Was read the second time.

     The question being "Shall HB 1234 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Whiting

     Nays were:
Albers; Benson; Drake; Hainje; Halverson; Kloucek; Staggers; Vitter

     Excused were:
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 1268:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to water development districts.

     Was read the second time.

     The question being "Shall HB 1268 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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting

     Nays were:
Staggers

     Excused were:
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.

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 1101 and 1112.

Respectfully,
KAREN GERDES, Chief Clerk

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 3, 6, 8, 9, 10, 15, 17, 18, 25, 27, 42, 57, 76, 130, and 198 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

SIGNING OF BILLS


     The President publicly read the title to

     SB 3: FOR AN ACT ENTITLED, An Act  to clarify the employment status of certain election workers.

     SB 6: FOR AN ACT ENTITLED, An Act  to specifically exempt lake sediment from certain state mineral lease provisions.

     SB 8: FOR AN ACT ENTITLED, An Act  to revise the procedure for the renewal of certain school and public lands leases.

     SB 9: FOR AN ACT ENTITLED, An Act  to repeal certain restrictions on agricultural leases of school and public lands.

     SB 10: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the annual sale of state school and endowment lands.

     SB 15: FOR AN ACT ENTITLED, An Act  to revise the restrictions on donation of leave by state employees.

     SB 17: FOR AN ACT ENTITLED, An Act  to provide for a procedure for transferring certain funds from the pooled income account of the investment council to the permanent school fund.

     SB 18: FOR AN ACT ENTITLED, An Act  to provide that any child placed in the Human Services Center is in the guardianship of the secretary of the Department of Human Services.

     SB 25: FOR AN ACT ENTITLED, An Act  to codify the legislation passed in 1997.

     SB 27: FOR AN ACT ENTITLED, An Act  to repeal certain provisions regarding medication aides.

     SB 42: FOR AN ACT ENTITLED, An Act  to clarify the disposition of certain funds collected from inmates.

     SB 57: FOR AN ACT ENTITLED, An Act  to revise certain restrictions of activities of real estate licensees.

     SB 76: FOR AN ACT ENTITLED, An Act  to establish the last Friday in April as Arbor Day.

     SB 130: FOR AN ACT ENTITLED, An Act  to provide for the regulation of certain motor carriers.

     SB 198: FOR AN ACT ENTITLED, An Act  to provide for the establishment of certain rights and privileges with regard to mediation proceedings.

     HB 1050: FOR AN ACT ENTITLED, An Act  to revise certain provisions pertaining to the taxation of telecommunications property.

     HB 1088: FOR AN ACT ENTITLED, An Act  to increase the checkoff on sunflowers, safflowers, and canola.

     HB 1102: FOR AN ACT ENTITLED, An Act  to allow any person who is not the head of a family to claim an exemption in certain bankruptcy proceedings.

     HB 1108: FOR AN ACT ENTITLED, An Act  to revise the supervision requirements of certified registered nurse anesthetists by physicians.

     HB 1120: FOR AN ACT ENTITLED, An Act  to provide for a graduated licensing system.

     HB 1126: FOR AN ACT ENTITLED, An Act  to exempt employer plans with one employee from small business group health insurance regulations.
     HB 1131: FOR AN ACT ENTITLED, An Act  to exempt locksmiths and locksmith shops from the contractor's excise tax and to make them subject to sales and use tax.

     HB 1155: FOR AN ACT ENTITLED, An Act  to exempt certain purchases and leases of communications and computer technologies and equipment from bidding requirements.

     HB 1166: FOR AN ACT ENTITLED, An Act  to revise the prohibition against certain alcoholic beverage manufacturers engaging in retail business.

     HB 1232: FOR AN ACT ENTITLED, An Act  to provide for confidentiality for trade secrets or commercial or financial information provided to municipalities.

     HB 1235: FOR AN ACT ENTITLED, An Act  to clarify when rural electric cooperative members may vote by mail.

     HB 1249: FOR AN ACT ENTITLED, An Act  revise certain provisions regarding credit life and credit health insurance.

     HB 1277: FOR AN ACT ENTITLED, An Act  to mandate control of weeds and pests on property owned or managed by state government agencies.

     And signed the same in the presence of the Senate.

     Sen. Paisley moved that the Senate do now adjourn, which motion prevailed, and at 4:30 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary