JOURNAL OF THE SENATE

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TWENTY-NINTH DAY

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STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 20, 1998

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Ron Burkhalter, followed by the Pledge of Allegiance led by Senate page Libby Stengel.

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

MADAM PRESIDENT:

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

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MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 2, 24, 31, 32, 38, 88, 104, 132, 133, 149, 150, 157, and 238 were delivered to his Excellency, the Governor, for his approval at 11:35 a.m., February 20, 1998.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 34, 64, 115, 118, 131, 140, 143, and 148 were delivered to his Excellency, the Governor, for his approval at 11:38 a.m., February 20, 1998.

Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 14, 26, 36, 37, 56, 60, 62, 72, 80, 84, 134, 156, 161, 163, 168, 173, 183, 197, and 223 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1175 and returns the same without recommendation.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1315 which was tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dennis E. Wagner, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission 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 State Affairs respectfully reports that it has had under consideration the nomination of Dennis D. Krsnak, Pennington County, Rapid City, South Dakota, Assistant Adjutant General, Army, 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 State Affairs respectfully reports that it has had under consideration the nomination of Nancy K. Gunner, Bennett County, Martin, South Dakota, to the South Dakota Lottery Commission 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 State Affairs respectfully reports that it has had under consideration the nomination of Joe Lien, Brown County, Aberdeen, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1329 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill be amended as follows:

p-1019

     On page 1 , line 12 of the House Appropriations committee engrossed bill , delete " lease " and insert " rent " .

     On page 1 , line 13 , after " authorized by the " delete " Legislature " and insert " committee created by §  4-8A-2 " .

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     On page 1 , line 13 , after " that the " delete " Legislature " and insert " committee " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill be amended as follows:

z-1022e

     On page 2 , after line 20 of the House Appropriations committee engrossed bill , insert:

"     Section 6. In addition to the funds in section 1 of this Act, the Board of Regents shall identify funds in the amount of seven hundred fifty thousand dollars ($750,000) for the purpose of maintenance and repair of the facility authorized in section 1 of this Act. These funds shall be identified and accumulated at the rate of one percent of the estimated project cost per year for ten years. These funds may be identified from other funds under the control of the Board of Regents, from gifts and grants to Dakota State University, from restricted gifts and grants to foundations associated with the facility or Dakota State University, or from dedicated funds of the city of Madison. All other funds identified by the Board of Regents pursuant to this section, together with any gifts or grants received by Dakota State University for the purposes of this Act, shall be transferred into the Dakota State University-Madison Community Center Maintenance and Repair Fund, which is hereby created in the state treasury as a participating fund, and the Board of Regents may expend such funds, together with their earnings, as it deems necessary to provide for the maintenance or repair of the center authorized by this Act.

     Section 7. The Dakota State University's share of the annual operating cost for the facility may not exceed ten percent of the total costs. Any operating cost shortfalls shall be split between the Dakota State University and the city of Madison at the rate of forty percent/sixty percent, respectively. "

z-1022f

     On page 2 , delete lines 10 to 14 of the House Appropriations committee engrossed bill , inclusive , and insert:

"     Section 4. Notwithstanding the provisions of §  5-14-3, the administration of the design and construction of these modifications and facilities and oversight of building committees appointed therefor, shall be under the general charge and supervision of the Governor and the executive director of the Board of Regents or their designees. The executive secretary of the Building Authority, the Governor, and the executive director of the Board of Regents, or their designees shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act. "

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     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1023 and returns the same with the recommendation that said bill be amended as follows:

z-1023t

     On page 1 , line 3 of the House Appropriations committee engrossed bill , after " School " delete " for " and insert " of " .

z-1023a

     On page 2 , delete lines 14 to 18 of the House Appropriations committee engrossed bill , inclusive , and insert:

"     Section 5. Notwithstanding the provisions of §  5-14-3, the administration of the design and construction of these modifications and facilities and oversight of building committees appointed therefor, shall be under the general charge and supervision of the Governor and the executive director of the Board of Regents or their designees. The executive secretary of the Building Authority, the Governor, and the executive director of the Board of Regents, or their designees shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act. "

     And that as so amended said bill do pass.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration HB 1146 and returns the same with the recommendation that said bill be amended as follows:

z-1146

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

"      Section 3. The Board of Regents may assess a tuition differential fee on a per credit-hour basis for credit hours earned at state supported technical institutes and transferred pursuant to this Act. "

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c-1146f

     On page 1 , line 14 of the House Education committee engrossed bill , after " credits. " insert " The Board of Education and the Board of Regents shall report by December 1, 1998 to the Executive Board of the Legislative Research Council on the implementation of this Act. "

z-1146c

     On page 1 , line 8 of the House Education committee engrossed bill , after " Education. " insert " General education course credit hours are transferrable between the technical institutes and universities only for credit for general education courses. "General education" is defined as those courses which are not directly related to the student's formal technical, vocational, or professional preparation; part of every student's course of study regardless of area of emphasis; and intended to impart common knowledge, intellectual concepts, and attitudes that every educated person should possess. "

     And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1238 and returns the same with the recommendation that said bill be amended as follows:

f-1238c

     On page 8 , line 18 of the House Taxation committee engrossed bill , after " repealed " insert " , except that the tax imposition and procedural provisions of chapter 10-33 continue to apply to the providers of local exchange telephone service subject to gross receipts taxation through December 31, 1999 " .

f-1238e

     On page 1 , line 11 of the House Taxation committee engrossed bill , after " lessee, " insert " or " .

     On page 1 , line 12 , delete " , or municipality " .

     On page 2 , delete line 24 , and insert:

"     Section 8. Notwithstanding any other provisions of this Act, any revenue received by a municipality from the sale of personal communications services is subject to the tax imposed by section 4 of this Act. "

     On page 8 , line 5 , delete " This section " .

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     On page 8 , delete lines 6 and 7 .

f-1238f

     On page 2 , line 2 of the House Taxation committee engrossed bill , delete everything after " service. "

     On page 2 , delete line 3 .

     And that as so amended said bill do pass.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1162 and 1262 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1302 and returns the same with the recommendation that said bill be amended as follows:

j-1302

     On the House Health and Human Services committee engrossed bill, delete everything after the enacting clause and insert:

"      Section  1.  Terms used in this Act mean:

             (1)    "Child abuse," any violation of §  26-10-1 or chapter 22-22 if the victim of such crime is a child;

             (2)    "Perpetrator of child abuse," any person convicted of any violation of §  26-10-1 or chapter 22-22 if the victim of such crime was a child or whose name has been enrolled in the central registry for abuse and neglect established in §  26-8A-12.

     Section  2.  Any payment of public moneys by or through the Department of Social Services for services directly related to the child abuse is a debt due to the department and owed by the perpetrator of the child abuse.

     Section  3.  If a perpetrator of child abuse owes, but does not pay for services directly related to child abuse, the Department of Social Services has a lien upon all the property, both real and

personal, including joint tenancy interests belonging to the perpetrator, or to be thereafter acquired by the perpetrator, or in which the perpetrator has any interest, but excluding any homestead interest held in joint tenancy, for all public moneys expended by the department for services directly related to the child abuse. In order to preserve such lien, the department shall give notice of the lien by filing with the register of deeds office a sworn statement or certificate showing the amount expended and unpaid for services directly related to the child abuse. The sworn statement or certificate may be filed in any county in which property of the perpetrator is located, and shall contain a description of the property, and shall attach to the property individually owned by the perpetrator and jointly owned property other than a homestead interest. The priority of the lien shall be established by the date of the filing. The register of deeds office is not entitled to any fee for registering or filing any lien under this section.

     Section  4.  The lien for services directly related to the child abuse is a lien by operation of law, with the full force and effect and attributes of a lien of this state, including enforceability, and is entitled, as a lien, to full faith and credit in this state. "

j-1302tb

     On page 1 , line 1 of the House Health and Human Services committee engrossed bill , delete everything after " to " and insert " make perpetrators of child abuse liable for Department of Social Services' payments that are directly related to child abuse and to create a lien. "

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1288, 1306, and 1316 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Fred Whiting, Chair

MADAM PRESIDENT:

    I have the honor to return herewith SB 14, 36, 56, 80, 134, 156, 161, 163, 168, 173, 183, and 223 which have passed the House without change.

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Also MADAM PRESIDENT:

    I have the honor to return herewith SB 35, 41, 82, and 109 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Brooks, Jorgensen, and Davis as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 111.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HJR 1002 and has appointed Reps. Napoli, Weber, and Haley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
KAREN GERDES, Chief Clerk

     SCR 5   Introduced by:  Senator Rounds and Representative Pederson (Gordon)

A CONCURRENT RESOLUTION,  Urging the Congress of the United States to pass legislation     reauthorizing the federal highway program by May 1, 1998.

     WHEREAS,  a safe and efficient highway system is essential to the nation's international competitiveness, key to domestic productivity, and vital to our quality of life; and

     WHEREAS,  South Dakota has critical highway investment needs that cannot be addressed with current financial resources. The South Dakota Department of Transportation rates two thousand four hundred nine miles of South Dakota's most important roads in either poor or fair condition and judges one hundred forty-eight of our bridges to be structurally deficient or functionally obsolete; and

     WHEREAS,  the current level of federal funding for the nation's highway system is inadequate to meet rehabilitation needs, to protect the safety of the traveling public, to begin solving congestion and rural access problems, to conduct adequate transportation research, and to keep the United States competitive in a global economy; and

     WHEREAS,  the federal highway program is financed by dedicated user fees collected from motorists to improve the highway system and deposited in the federal Highway Trust Fund. The

Taxpayer Relief Act of 1998 transferred all federal motor fuel taxes into the Highway Trust Fund but provided no mechanism to ensure the funds are spent; and

     WHEREAS,  the 1998 congressional budget would constrain federal highway spending well below the level of highway tax receipts, allowing the Highway Trust Fund's cash balance to grow from just over twenty-two billion dollars today to more than seventy billion dollars by 2003; and

     WHEREAS,  South Dakota and other states will be prohibited from obligating any federal highway funds after April 30, 1998, unless Congress and the President enact new highway legislation by that date; and

     WHEREAS,  without federal highway funds, many states will be forced to delay life-saving safety improvements, congestion relief projects, and other road and bridge improvements:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-third Legislature of the State of South Dakota, the House of Representatives concurring therein, the South Dakota Legislature urges the United States Congress to enact legislation reauthorizing the federal highway program by May 1, 1998; and

     BE IT FURTHER RESOLVED,  that the reauthorization bill shall fund the federal highway program at the highest level that the user-financed Highway Trust Fund will support.

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

     SCR 6   Introduced by:  Senators Kloucek, Albers, Brosz, Dennert, Drake, Dunn (Rebecca), Flowers, Hunhoff, Hutmacher, Lange, Morford, Olson, Reedy, Symens, and Valandra and Representatives Lucas, Chicoine, Haley, Jaspers, Koetzle, and Kooistra

A CONCURRENT RESOLUTION,  Endorsing the We the People . . . Project Citizen Program.

     WHEREAS,  the American experiment of representative, self-governing democracy can only function effectively with the consent and participation of an enlightened, competent, and responsible citizenry; and

     WHEREAS,  the various levels of governing--local, state, and federal--must be understood by citizens if they are to communicate their views and ideas to representatives to shape and implement public policy; and

     WHEREAS,  overwhelming evidence exists that citizens have low opinions about the work of state legislatures and have relatively little knowledge about what their representatives do; and

     WHEREAS,  civic education is essential for citizens to develop a common language and understanding of politics and governing; and

     WHEREAS,  civic education is an important tool to develop the habits of civic virtue including civility, individual responsibility, self-discipline, open-mindedness, compromise,

tolerance of others, patience, persistence, compassion, generosity, and loyalty to one's nation and community; and

     WHEREAS,  civic education is most effective when the principles that sustain representative democracy are instilled at an early age; and

     WHEREAS,  We the People . . . Project Citizen civic education program for middle school classes is an effective, successful tool for teaching young citizens how to address state and local community public policy issues by:

             (1)    Identifying a public policy problem in their community;

             (2)    Gathering and evaluating information on the problem;

             (3)    Examining and evaluating solutions;

             (4)    Selecting or developing a proposed public policy; and

             (5)    Developing an action plan; and

     WHEREAS,  classes participating in We the People . . . Project Citizen learn that government and public service cannot just be observed, but must be experienced with hands-on action and communication; and

     WHEREAS,  participation in We the People . . . Project Citizen involves numerous segments of the community in teaching students about the legislative process:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-third Legislature of the State of South Dakota, the House of Representatives concurring therein, that it is the sense of the Legislature that We the People . . . Project Citizen is an ideal tool to teach young middle school students about the reality and promise of citizenship in a representative democracy; and

     BE IT FURTHER RESOLVED,  that it is the sense of the Legislature that We the People . . . Project Citizen is an effective civic education program to which we should devote our attention, support, resources, and continued involvement to ensure its implementation, preservation, and sustained development.

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

     Sen. Halverson moved that HB 1097 be referred to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.

     Sen. Halverson moved that the Senate do concur in the House amendments to SB 7.

     The question being on Sen. Halverson's motion that the Senate do concur in the House amendments to SB 7.

     And the roll being called:

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

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

     Excused were:
Brosz; 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.

     Sen. Dunn (Jim) moved that the Senate do concur in the House amendments to SB 30.

     The question being on Sen. Dunn's motion that the Senate do concur in the House amendments to SB 30.

     And the roll being called:

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

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

     Nays were:
Staggers

     Excused were:
Brosz; 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.

     Sen. Shoener moved that the Senate do concur in the House amendments to SB 54.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 54.

     And the roll being called:

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     Yeas 31, Nays 1, Excused 3, Absent and Not Voting 0

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

     Nays were:
Staggers

     Excused were:
Aker; Brosz; 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.

    Sen. Staggers moved that the Senate do concur in House amendments to SB 67.

     Sen. Olson moved as a substitute motion that the Senate do not concur in House amendments to SB 67 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Staggers, Hainje, and Olson.

     Sen. Halverson moved that the Senate do concur in the House amendments to SB 73.

     The question being on Sen. Halverson's motion that the Senate do concur in the House amendments to SB 73.

     And the roll being called:

     Yeas 31, Nays 2, 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; Lawler; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Morford; Olson

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     Excused were:
Aker; 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.

     Sen. Vitter moved that the Senate do concur in the House amendments to SB 96.

     The question being on Sen. Vitter's motion that the Senate do concur in the House amendments to SB 96.

     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; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Aker; 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.

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

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

     And the roll being called:

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

     Yeas were:
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:
Aker; Kleven

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

     Sen. Everist moved that the Senate do concur in the House amendments to SB 154.

     The question being on Sen. Everist's motion that the Senate do concur in the House amendments to SB 154.

     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; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Aker; 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.

     Sen. Halverson moved that the Senate do concur in the House amendments to SJR 2.

     Sen. Halverson moved that consideration of House amendments to SJR 2 be deferred until Monday, February 23, the 30th legislative day.

     Which motion prevailed and the consideration of House amendments was so deferred.

     HCR 1012:   A CONCURRENT RESOLUTION,   Setting forth certain legislative policy recommendations to the Game, Fish and Parks Commission.

    Was read the second time.

     Sen. Dunn (Jim) moved that the Senate do concur in HCR 1012 as found on page 508 of the House Journal.

    The question being on Sen. Dunn's motion that the Senate do concur in HCR 1012.

     And the roll being called:

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

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

     Nays were:
Brosz; Daugaard; Drake; Everist; Frederick; Hainje; Paisley; Staggers

     Excused were:
Aker; Kleven

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1012 was concurred in.

     Sen. Halverson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two Houses on HJR 1002.

    Which motion prevailed and the President appointed as such committee Sens. Aker, Drake, and Symens.

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

     Commerce on HB 1151 as found on page 595 of the Senate Journal; also

     Agriculture and Natural Resources on HB 1269 as found on page 594 of the Senate Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Sen. Staggers moved that the word "not" be stricken from the report of the Committee on State Affairs on HB 1200 as found on page 591 of the Senate Journal and that HB 1200 be placed on today's calendar.

     The question being on Sen. Staggers' motion that the word "not" be stricken from the report of the Committee on State Affairs on HB 1200 as found on page 591 of the Senate Journal and that HB 1200 be placed on today's calendar.

     And the roll being called:

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

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

     Nays were:
Brosz; Brown (Arnold); Dunn (Jim); Frederick; Halverson; Lawler; Rounds

     Excused were:
Aker; Kleven

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the "not" was stricken, and HB 1200 was up for placement on today's calendar.

     Sen. Staggers moved that HB 1200 be deferred until Monday, February 23, the 30th legislative day.

     Which motion prevailed and the bill was so deferred.

     Sen. Rounds requested that HB 1217 be removed from the Consent Calendar.

     HB 1161:   FOR AN ACT ENTITLED, An Act   to provide for the disposition of the remains of human embryos and fetuses.

     Was read the second time.

     The question being "Shall HB 1161 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

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     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.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1010, 1029, 1206, 1252, and 1281.

Respectfully,
KAREN GERDES, Chief Clerk

     HB 1091:   FOR AN ACT ENTITLED, An Act   to eliminate certain assessed valuation appeals by public taxing districts and governmental subdivisions.

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

     Sen. Frederick moved that HB 1091 be laid on the table.

     The question being on Sen. Frederick's motion that HB 1091 be laid on the table.

     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; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kloucek; Lawler; Morford; Munson (David); Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Flowers; Lange; Olson

     Excused were:
Hunhoff; Kleven; Staggers

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     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1091 was laid on the table.

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

     Was read the second time.

     Sen. Hutmacher moved the previous question..

     Which motion prevailed.

     The question being “Shall HB 1244 pass as amended?”

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent and Not Voting 0

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

     Nays were:
Everist; Morford; Paisley

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

     Was read the second time.

     Sen. Lange moved the previous question.

     Which motion prevailed.

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     The question being “Shall HB 1037 pass as amended?”

     And the roll being called:

     Yeas 11, Nays 22, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Brown (Arnold); Daugaard; Everist; Hainje; Ham; Munson (David); Rounds; Valandra; Vitter; Whiting

     Nays were:
Albers; Benson; Brosz; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Halverson; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford; Olson; Paisley; Reedy; Shoener; Staggers

     Excused were:
Kleven; Symens

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

     HB 1071:   FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning the availability of circuit judges in county seats.

     Was read the second time.

     The question being “Shall HB 1071 pass as amended?”

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, 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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Valandra; Whiting

     Nays were:
Dunn (Rebecca)

     Excused were:
Kleven; Paisley; Symens; 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.

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     HB 1133:   FOR AN ACT ENTITLED, An Act   to clarify provisions relating to teacher contracts and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1133 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; 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:
Frederick; 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 1134:   FOR AN ACT ENTITLED, An Act   to maintain the state's share of funding to special education.

     Was read the second time.

     The question being “Shall HB 1134 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; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Aker; 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.

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     HB 1140:   FOR AN ACT ENTITLED, An Act   to provide for the regulation of boat dealers.

     Was read the second time.

     Sen. Staggers moved that HB 1140 be deferred until Monday, February 23, the 30th legislative day.

     Which motion lost.

     Sen. Rounds moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1140 pass as amended?”

     And the roll being called:

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

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

     Nays were:
Aker; Drake; Dunn (Jim); Hainje; Halverson; Johnson (William); Olson; Staggers

     Excused were:
Kleven; 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.

     Sen. Staggers announced his intention to reconsider the vote by which HB 1140 was passed.

     HB 1153:   FOR AN ACT ENTITLED, An Act   to provide for the succession to a vehicle dealership by a legal heir or devisee.

     Was read the second time.

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     The question being “Shall HB 1153 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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Staggers

     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 1245:   FOR AN ACT ENTITLED, An Act   to allow an owner-occupant of a manufactured or mobile home to be eligible for an owner-occupied dwelling classification if the owner-occupant fails to list the home with the director of equalization by the required date or within the specified time frame.

     Was read the second time.

     The question being “Shall HB 1245 pass as amended?”

     And the roll being called:

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

     Yeas were:
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:
Aker; 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.

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     HB 1298:   FOR AN ACT ENTITLED, An Act   to define a sell-it-yourself lot.

     Was read the second time.

     The question being “Shall HB 1298 pass as amended?”

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0

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

     Nays were:
Daugaard; Dunn (Rebecca); Everist; Hainje; Munson (David); Staggers

     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.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 151 was reconsidered and lost on final passage.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 97 failed to be placed on the House calendar.

Respectfully,
KAREN GERDES, Chief Clerk

          SC 14   Introduced by:  Senators Hutmacher, Dunn (Rebecca), Hunhoff, and Kloucek and Representatives Cerny, Davis, Gleason, Kredit, and Lucas

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A LEGISLATIVE COMMEMORATION,  Honoring Mr. Don Giese of Chamberlain for his     years of dedicated teaching and coaching with the Chamberlain School District and the     City of Chamberlain.

     WHEREAS,  Mr. Don Giese, a middle and high school instructor at Chamberlain, has been teaching since his graduation from Dakota Wesleyan University in 1958 until his retirement in the spring of 1998; and

     WHEREAS,  he assisted in the development of several high school athletic events and the fields for them to be played on, organized the Chamberlain High School athletic events as athletic director, and assisted with the school intramural program; and

     WHEREAS,  he assisted within the community as the City Recreational Director for fifteen years, was selected as Teacher of the Year in 1972, and earned several state coaching awards throughout his career:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-third Legislature of the State of South Dakota, that Mr. Don Giese be honored for his years of influencing the young people of South Dakota through his service in academics and athletics.

     The President publicly read the title to

     SB 14: FOR AN ACT ENTITLED, An Act  to restrict when a state employee may be granted leave to participate in certain disaster relief services.

     SB 26: FOR AN ACT ENTITLED, An Act  to revise certain statutes regarding the operation and administration of crematories.

     SB 36: FOR AN ACT ENTITLED, An Act  to revise the crime of indecent exposure.

     SB 37: FOR AN ACT ENTITLED, An Act  to provide a penalty for failing to annually register as a sex offender.

     SB 56: FOR AN ACT ENTITLED, An Act  to revise the requirements for individual and group health insurance availability and portability.

     SB 60: FOR AN ACT ENTITLED, An Act  to revise the administrative rule process to reduce the number of document copies an agency must file when incorporating outside materials into administrative rules.

     SB 62: FOR AN ACT ENTITLED, An Act  to establish the suspension periods for certain violations of traffic laws and for fraudulently using a driver license or nondriver identification card.

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     SB 72: FOR AN ACT ENTITLED, An Act  to establish certain continuing education requirements for veterinary technicians.

     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.

     SB 84: FOR AN ACT ENTITLED, An Act  to authorize sheriffs to collect fees for expenses incurred in executing court orders.

     SB 134: FOR AN ACT ENTITLED, An Act  to permit the Division of Criminal Investigation to process national criminal history checks on applicants for employment with and licensing by the Sisseton-Wahpeton Sioux Tribe.

     SB 156: FOR AN ACT ENTITLED, An Act  to allow an administrator to dispose of certain items without a formal motion of the governing body.

     SB 161: FOR AN ACT ENTITLED, An Act  to appropriate money for the Northern Crops Institute.

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

     SB 168: FOR AN ACT ENTITLED, An Act  to allow organizations subject to the provisions of the insurance laws of this state to incorporate as a nonprofit organization.

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

     SB 183: FOR AN ACT ENTITLED, An Act  to permit the issuance of economic development revenue bonds to finance primary, secondary, and postsecondary schools operated by nonprofit entities.

     SB 197: FOR AN ACT ENTITLED, An Act  to provide for the means of changing the venue in postjudgment divorce, paternity, and separate maintenance actions.

     SB 223: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding insurance coverage for and after delivery of a baby.

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

     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.

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     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.

     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.

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

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

     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.

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

     HB 1330: FOR AN ACT ENTITLED, An Act  to make an appropriation for adult basic education.

     And signed the same in the presence of the Senate.

     Sen. Rounds moved that the Senate do now adjourn, which motion prevailed, and at 3:10 p.m. the Senate adjourned.