Senate Journal 02/18/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 18, 1998

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

     The prayer was offered by the Chaplain, Monsignor Carlton Herman, followed by the Pledge of Allegiance led by Senate page Brent Kruse.

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

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-sixth 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.

COMMUNICATIONS AND PETITIONS

February 18, 1998

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 45, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

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 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Dennis E. Wagner, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission.

This appointment is effective immediately, and shall continue until January 1, 2001.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

February 12, 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 33-1-10.1 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Dennis D. Krsnak, Pennington County, Rapid City, South Dakota, Assistant Adjutant General, Army.

This appointment is effective April 1, 1998, and shall continue until March 31, 1999.

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 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Joe Lien, Brown County, Aberdeen, South Dakota, to the South Dakota Building Authority.

This appointment is effective immediately, and shall continue until January 19, 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 Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Nancy K. Gunner, Bennett County, Martin, South Dakota, to the South Dakota Lottery Commission.

This appointment is effective immediately, and shall continue until January 1, 2001.

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 Appropriations respectfully reports that it has had under consideration HB 1186 and 1328 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1025, 1244, and 1299 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 Health and Human Services respectfully reports that it has had under consideration HB 1161 and returns the same with the recommendation that said bill be amended as follows:

j-1161g

On page 1 , line 6 of the House engrossed bill , delete " deposited or " .

On page 1 , line 6 , delete " in this state only at the place and " .

On page 1 , line 9 , before " laboratory " insert " any " .

On page 1 , line 10 , delete " provide " and insert " arrange " .

On page 2 , line 8 , after " discuss " insert " or disclose " .

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

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1314 which was deferred to the 36th legislative day.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1006 and returns the same with the recommendation that said resolution do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1305 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 HB 1179 which was deferred to the 36th legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1091 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 1051 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 Taxation respectfully reports that it has had under consideration HB 1245 and returns the same with the recommendation that said bill be amended as follows:

f-1245

On page 2 , line 6 of the House Taxation committee engrossed bill , after " property " insert " , mobile home, or manufactured home " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1237 which was deferred to the 36th legislative day.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1115 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 HB 1133 and returns the same with the recommendation that said bill be amended as follows:

j-1133

On page 1 , after line 14 of the House Education committee engrossed bill , insert:

" Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

c-1133ta

On page 1 , line 1 of the House Education committee engrossed bill , after " contracts " insert " and to declare an emergency " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

c-1134b

On page 5 , delete lines 8 to 13 of the House engrossed bill , inclusive .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1263 which was deferred to the 36th legislative day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1253 and 1279 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1188 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 Judiciary respectfully reports that it has had under consideration HB 1037 and returns the same with the recommendation that said bill be amended as follows:

r-1037a

On page 1 , line 7 of the House Judiciary committee engrossed bill , after " place " insert " , excluding personal residences not used for commercial nursing purposes, " .

On page 1 , line 9 , after " place " insert " , excluding personal residences not used for commercial nursing purposes, " .

r-1037b

On page 2 , line 5 of the House Judiciary committee engrossed bill , before " where " insert " , excluding personal residences not used for commercial medical or nursing purposes, " .

On page 2 , line 5 , after " any place " insert " , excluding personal residences not used for commercial medical or nursing purposes, " .

r-1037c

On page 1 , line 8 of the House Judiciary committee engrossed bill , after " anesthetist " insert " who holds an active, inactive, lapsed, or disciplined license " .

On page 2 , line 5 , after " midwife " insert " who holds an active, inactive, lapsed, or disciplined license " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1071 and returns the same with the recommendation that said bill be amended as follows:

r-1071

On page 2 , delete lines 15 to 19 , inclusive , and insert:

" request of the person affected, erroneous application thereof. To assure the availability of circuit judges in all areas of the state, the presiding judge shall arrange so that in each county of his circuit there shall be available a circuit judge to hold court in the county seat of each such county on at least two days each month.

To assure the availability of circuit judges in all areas of the state, the presiding judge shall arrange, so that in each county of that circuit, there shall be available a circuit judge to hold court in the county seat of each such county on at least two days each month if there are matters that warrant the presence of a judge. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1097 and returns the same with the recommendation that said bill be amended as follows:

r-1097c

On page 1 , line 6 of the House Judiciary committee engrossed bill , after " and " insert " shall, at the request of the petitioner, hear, without assessment of costs, any contested case which arises under " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HCR 1014 and returns the same with the recommendation that said resolution be concurred in and be placed on the Consent Calendar.

Respectfully submitted,
Fred Whiting, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 2, 24, 31, 32, 38, 88, 104, 132, 133, 149, 150, 157, and 238 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to return herewith SCR 4 in which the House has concurred.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 26, 37, 60, 62, 72, 84, 111, and 197 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Aker moved that the Senate do concur in the House amendments to SB 112.

Sen. Ham moved as a substitute motion that the Senate do not concur in House amendments to SB 112 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Sen. Rounds requested a roll call vote.

    Which request was supported.

     The question being on Sen. Ham's substitute motion that the Senate do not concur in House amendments to SB 112 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two Houses.

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0

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

Nays were:
Aker; Daugaard; Dennert; Hainje; Olson; Shoener; Vitter

Excused were:
Kleven

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the President appointed as such committee Sens. Aker, Ham, and Reedy.

     Sen. Shoener moved that the Senate do concur in the House amendments to SB 64.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 64.

     And the roll being called:

Yeas 33, Nays 0, Excused 2, 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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Benson; Kleven

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

HCR 1002: A CONCURRENT RESOLUTION, Expressing legislative intent with reference to the issuance of special three-day nonresident waterfowl licenses.

    Was read the second time.

     Sen. Rounds moved that HCR 1002 as found on page 484 and amended on page 362 of the House Journal be concurred in.

     The question being on Sen. Rounds' motion that HCR 1002 be concurred in.

     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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Kleven

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1002 was concurred in.

Sen. Staggers moved that the Committee on State Affairs be instructed to deliver HB 1200 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

REPORTS OF STANDING COMMITTEES

ADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 13, 29, 55, 59, 61, 63, 65, 69, 71, 101, 123, and 200 were delivered to his Excellency, the Governor, for his approval at 8:25 a.m., February 18, 1998.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 3, 6, 8, 9, 10, 15, 17, 18, 25, 27, 42, 57, 76, 130, and 198 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., February 18, 1998.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 2, 24, 31, 32, 38, 88, 104, 132, 133, 149, 150, 157, and 238 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1028: FOR AN ACT ENTITLED, An Act to provide that any person who has lost hunting, fishing, or trapping privileges in another jurisdiction may not exercise that same privilege in South Dakota while under revocation.

Was read the second time.

     The question being "Shall HB 1028 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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Kleven

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 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 second time.

     The question being "Shall HB 1107 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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Kleven

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 1251: FOR AN ACT ENTITLED, An Act to provide a process for a manufacturer to place a lien on or dispose of a die, mold, form, or pattern.

Was read the second time.

     The question being "Shall HB 1251 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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Kleven

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 1270: FOR AN ACT ENTITLED, An Act to revise the items subject to an annual accounting of a conservator under the Uniform Probate Code.

Was read the second time.

     The question being "Shall HB 1270 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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Kleven

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.

HCR 1013: A CONCURRENT RESOLUTION, Supporting the use of soybean-based diesel fuel in state vehicles.

    Was read the second time.

     The question being "Shall HCR 1013 as found on page 559 of the House Journal be concurred in?"

     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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Kleven

So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1013 was concurred in.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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.

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

t-1029n

Sen. Hunhoff moved that HB 1029 be further amended as follows:

On page 15 , after line 22 of the Senate Agriculture & Natural Resources committee engrossed bill , insert:

" Section 23. Any nonprofit organization may establish a special one-day pheasant hunt in which disabled veterans of the United States armed forces may participate. The special one-day pheasant hunt may be held before or during the regular pheasant season. No fee may be charged to participants in any such special one-day pheasant hunt, by either the state or the sponsoring organization. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to administer the special one-day pheasant hunts authorized in this section. "

Sen. Kloucek requested a roll call vote.

Which request was supported.

     The question being on Sen. Hunhoff's motion that HB 1029 be further amended.

     And the roll being called:

     Yeas 21, Nays 11, Excused 3, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Rebecca); Flowers; Frederick; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford; Olson; Reedy; Staggers; Symens; Valandra

Nays were:
Brosz; Brown (Arnold); Dunn (Jim); Hainje; Ham; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting

Excused were:
Everist; Halverson; Kleven

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and HB 1029 was so amended.

    The question now being "Shall HB 1029 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent and Not Voting 0

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

Nays were:
Drake; Hainje; Morford

Excused were:
Everist; Halverson; Kleven

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 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.

r-1067a

Sen. Hutmacher moved that HB 1067 be further amended as follows:

On page 2 , line 2 of the House engrossed bill, after " jeopardy " insert " or that it is otherwise in the best interest of the child " .

Which motion prevailed and HB 1067 was so amended.

     The question being "Shall HB 1067 pass as amended?"

     And the roll being called:

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

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

Nays were:
Albers; Drake; Frederick; Johnson (William)

Excused were:
Everist; Halverson; Kleven

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

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

Sen. Rounds moved that HB 1286 be deferred until Thursday, February 19, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1010: FOR AN ACT ENTITLED, An Act to provide for certain limited term nonresident waterfowl licenses.

Was read the second time.

r-1010b

Sen. Olson moved that HB 1010 be amended as follows:

On page 3 , line 5 of the House Agriculture and Natural Resources committee engrossed bill, delete everything after " through " and insert " the department's land acquisition and development fund or through other means. "

On page 3 , delete line 6 .

Which motion prevailed and HB 1010 was so amended.

     The question being "Shall HB 1010 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent and Not Voting 0

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

Nays were:
Lawler; Morford

Excused were:
Halverson; Kleven

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 1099: FOR AN ACT ENTITLED, An Act to prohibit a minor from purchasing, possessing, receiving, or consuming tobacco products or from attempting to purchase or receive tobacco products.

Was read the second time.

     The question being "Shall HB 1099 pass as amended?"

     And the roll being called:

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

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

Nays were:
Valandra

Excused were:
Dunn (Jim); Kleven

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

HB 1206: FOR AN ACT ENTITLED, An Act to provide for legislative review of zoning ordinances if there is a protest filed.

Was read the second time.

     The question being "Shall HB 1206 pass as amended?"

     And the roll being called:

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

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

Nays were:
Flowers; Frederick; Kloucek; Morford; Olson

Excused were:
Dunn (Jim); Kleven

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 SB 179 was lost on second reading and final passage.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1110, 1165, and 1324.

Respectfully,
KAREN GERDES, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

HB 1214: FOR AN ACT ENTITLED, An Act to require continuation and conversion of health care coverage when an employer ceases operations.

Was read the second time.

     The question being "Shall HB 1214 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 (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Dunn (Jim); Kleven

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

Was read the second time.

     The question being "Shall HB 1252 pass as amended?"

     And the roll being called:

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

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

Nays were:
Albers; Everist; Frederick; Halverson; Paisley; Rounds; Shoener; Staggers

Excused were:
Dunn (Jim); Kleven

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 1271: FOR AN ACT ENTITLED, An Act to revise the procedure for petitioning the board of county commissioners.

Was read the second time.

     Sen. Olson moved that HB 1271 be laid on the table.

     The question being on Sen. Olson's motion that HB 1271 be laid on the table.

     And the roll being called:

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

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

Nays were:
Aker; Drake; Dunn (Rebecca); Hunhoff; Hutmacher; Kloucek; Morford; Munson (David); Rounds; Staggers; Vitter

Excused were:
Kleven

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1271 was laid on the table.

HB 1273: FOR AN ACT ENTITLED, An Act to regulate guided hunting activity on certain public lands.

Was read the second time.

Sen. Vitter moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1273 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 4, 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; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Morford; Munson (David); Olson; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Nays were:
Aker; Lawler; Reedy; Symens

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

Was read the second time.

     The question being "Shall HB 1281 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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Kleven; 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 1330: FOR AN ACT ENTITLED, An Act to make an appropriation for adult basic education.

Was read the second time.

     The question being "Shall HB 1330 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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Kleven

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.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 64 finds the same correctly enrolled.

Respectfully submitted,
Harold W. Halverson, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1200 and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Harold Halverson, Chair

COMMEMORATIONS

SC 12 Introduced by: Senator Johnson (William) and Representatives Wetz and Schrempp

A LEGISLATIVE COMMEMORATION, Honoring the McLaughlin Midgets for their 1997 Yellowstone Conference Championship in football.

WHEREAS, the McLaughlin High School football team showed their tenacity ending the season with a nine to one record; and

WHEREAS, Ryan Walker, Christopher Kramer, John Zeman, Jeff Jochim, Jackson Lofgren, Jordan Sandquist, James Hach, Nigel White, Jon Edwards, Justin Schott, Neal Olson, John Ullman, Jeff Holzer, T.J. Knudson, Brent Weber, Vince Holzer, Jeff Schmeichel, Coby Schmeichel, Tyrell White Buffalo, Steve Guel, Shawn Hinsz, and every player on the McLaughlin team deserves to be recognized for their hard work and dedication; and

WHEREAS, the McLaughlin Midgets could not have achieved their championship title without the guidance and support from their coaches, Brian Fox and Grant Vandervorst:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that the McLaughlin Midgets football team be recognized for its excellence in student athletics.

Sen. Benson moved that the Senate do now adjourn, which motion prevailed, and at 4:05 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary