Senate Journal 02/23/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

THIRTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 23, 1998

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

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate page Malene Randall.

     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-ninth 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.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

Sen. Halverson moved that consideration of 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 Joe Lien of Brown County, Aberdeen, South Dakota, to the South Dakota Building Authority.

    The question being "Does the Senate advise and consent to the executive appointment of Joe Lien pursuant to the executive message as found on page 571 of the Senate Journal?"

     And the roll being called:

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

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

Nays were:
Kloucek

Excused were:
Benson; Daugaard; Everist

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 Nancy K. Gunner of Bennett County, Martin, South Dakota, to the South Dakota Lottery Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Nancy K. Gunner pursuant to the executive message as found on page 572 of the Senate Journal?"

     And the roll being called:

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

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

Nays were:
Kloucek

Excused were:
Benson; Daugaard; Everist

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 K. Krsnak of Pennington County, Rapid City, South Dakota, as Assistant Adjutant General, Army.

    The question being "Does the Senate advise and consent to the executive appointment of Dennis K. Krsnak pursuant to the executive message as found on page 571 of the Senate Journal?"

     And the roll being called:

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

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

Nays were:
Kloucek

Excused were:
Benson; Daugaard; Everist

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 E. Wagner of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Dennis E. Wagner pursuant to the executive message as found on page 570 of the Senate Journal?"

     And the roll being called:

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

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

Nays were:
Kloucek

Excused were:
Benson; Daugaard; Everist

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 23, 1998

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 3, 6, 8, 9, 10, 13, 15, 17, 18, 25, 27, 29, 42, 55, 57, 59, 61, 63, 65, 69, 71, 76, 101, 123, 130, 198, and 200, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

January 26, 1998

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

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Tom Graham, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

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

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

     Sen. Halverson moved that the rules be suspended for the sole purpose of dispensing with the referral of the executive appointment of Tom Graham to a committee.

     The question being on Sen. Halverson's motion that the rules be suspended for the sole purpose of dispensing with the referral of the executive appointment of Tom Graham to a committee.

     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); 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:
Everist

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and the committee referral was waived.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 7, 30, 52, 54, 73, 96, 116, 154, and 171 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill be amended as follows:

o-1142e

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

" Section 5. Nothing in this Act exempts any telecommunications company from any state or federal antitrust laws. "

o-1142f

On page 1 , line 10 of the House engrossed bill , delete " except section 3 of this Act, " .

On page 2 , line 12 , after " company. " insert " If the telecommunications company reduces its rates pursuant to this section, it may not subsequently increase its rates to the prior level. "

o-1142g

In the last sentence of the previously adopted amendment for the House engrossed bill, delete " its " and insert " such " , and delete "to the prior level".

Also, in the last sentence of the previously adopted amendment, delete " section " and insert " Act " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1160 and returns the same with the recommendation that said bill be amended as follows:

o-1160b

On page 6 , line 16 of the House State Affairs committee engrossed bill , after " 47 U.S.C. § 214(e) " insert " (1) " .

On page 6 , line 16 , after " 1998 " insert " , within a geographic area as determined by the commission " .

On page 6 , line 17 , after " 47 U.S.C. § 214(e) " insert " (1) " .

On page 6 , line 24 , delete " clear and convincing " and insert " a preponderance of the " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

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

o-1097

On the Senate Judiciary committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 3-12A be amended by adding thereto a NEW SECTION to read as follows:

Any adverse decision under chapter 3-12A shall include a notice to the employee of the appeal rights and procedure for the employee. "

o-1097t

On page 1 , line 1 of the Senate Judiciary committee engrossed bill , delete " the Office of Hearing " and insert " appeal rights for state employees. "

On page 1, delete line 2.

And that as so amended 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 1315 which was removed from the table and returns the same with the recommendation that said bill be amended as follows:

f-1315

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

" Section 1. That § 20-9-2 be amended to read as follows:

20-9-2. In all actions brought to recover damages for injuries to a person or to ~~his~~ that person's property caused by the negligence of another, the fact that the plaintiff may have been guilty of contributory negligence ~~shall~~ does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff's contributory negligence.

Notwithstanding Woods vs. City of Crooks, 559 N.W.2d 558 (SD 1997), the determination of whether the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant shall be made without disclosing any determination of percentage of plaintiff's fault by special interrogatory. "

And that as so amended 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 SCR 5 and 6 and returns the same with the recommendation that said resolutions be adopted and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1168 which was deferred to the 36th legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1322 which was deferred to the 36th legislative day.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1272 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1257 and returns the same with the recommendation that said bill be amended as follows:

j-1257g

On page 2 , line 18 of the House engrossed bill , before " alcohol " insert " abusive use of " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1313 which was tabled.

Respectfully submitted,
Arnold Brown, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SCR 2 in which the House has concurred.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 52 and 171 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 53 and 86 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. Dunn (Jim) moved that the Senate do concur in the House amendments to SB 35.

     The question being on Sen. Dunn's motion that the Senate do concur in the House amendments to SB 35.

     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 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. Whiting moved that the Senate do concur in the House amendments to SB 41.

     The question being on Sen. Whiting's motion that the Senate do concur in the House amendments to SB 41.

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

Nays were:
Staggers

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 82.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 82.

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

Nays were:
Staggers

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 SB 109.

     The question being on Sen. Halverson's motion that the Senate do concur in the House amendments to SB 109.

     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; Valandra; Vitter; Whiting

Excused were:
Symens

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.

     The question being on Sen. Halverson's motion that the Senate do concur in the House amendments to SJR 2.

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent and Not Voting 0

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

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.

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

     Sen. Staggers moved to reconsider the vote by which HB 1140 was passed.

     The question being on Sen. Staggers' motion to reconsider the vote by which HB 1140 was passed.

     And the roll being called:

     Yeas 12, Nays 20, Excused 3, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Drake; Dunn (Rebecca); Hainje; Ham; Hunhoff; Kleven; Kloucek; Lange; Staggers; Whiting

Nays were:
Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Flowers; Hutmacher; Johnson (William); Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter

Excused were:
Everist; Frederick; Halverson

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Appropriations on HB 1019 as found on page 615 of the Senate Journal; also

     Appropriations on HB 1022 as found on page 616 of the Senate Journal; also

     Appropriations on HB 1023 as found on page 617 of the Senate Journal; also

     Education on HB 1146 as found on page 617 of the Senate Journal; also

     Taxation on HB 1238 as found on page 618 of the Senate Journal; also

Health and Human Services on HB 1302 as found on page 619 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

     Sen. Benson moved that HB 1175, which was returned without recommendation from the Committee on Commerce, be placed on today's calendar.

     The question being on Sen. Benson's motion that HB 1175 be placed on today's calendar.

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, 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); Kleven; Kloucek; Lange; Lawler; Morford; Paisley; Reedy; Rounds; Symens; Valandra; Vitter; Whiting

Nays were:
Aker; Brosz; Munson (David); Shoener; Staggers

Excused were:
Olson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1175 was so placed.

Sen. Benson moved that HB 1175 be placed to precede HB 1200 on today's calendar.

Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1175: FOR AN ACT ENTITLED, An Act to provide for the reasonable compensation for warranty services performed by dealers selling certain equipment.

Was read the second time.

Sen. Staggers moved the previous question.

Which motion lost.

f-1175

Sen. Daugaard moved that HB 1175 be further amended as follows:

On page 2 , line 18 of the House engrossed bill , after " manufacturers. " insert " The provisions of this Act do not apply to any oral agreements between a dealer and a manufacturer to provide warranty service. "

Which motion prevailed and HB 1175 was so amended.

     The question being "Shall HB 1175 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0

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

Nays were:
Brosz; Munson (David); Olson; Paisley; 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 1200: FOR AN ACT ENTITLED, An Act to establish a holiday to observe the ratification of the Bill of Rights.

Was read the second time.

     The question being "Shall HB 1200 pass?"

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

Excused were:
Dunn (Jim); Frederick

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 1217: FOR AN ACT ENTITLED, An Act to revise certain aerial hunting provisions.

Was read the second time.

     The question being "Shall HB 1217 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; Symens; Valandra; Vitter; Whiting

Excused were:
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.

President Pro tempore Halverson now presiding.

HB 1151: FOR AN ACT ENTITLED, An Act to provide for notification and hearing when motor vehicle franchise agreements are modified or replaced.

Was read the second time.

The question being "Shall HB 1151 pass as amended?"

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

Nays were:
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 1162: FOR AN ACT ENTITLED, An Act to require the systematic reporting of information concerning abortions, informed consent, and parental notice.

Was read the second time.

j-1162c

Sen. Olson moved that HB 1162 be further amended as follows:

On page 2 of the House engrossed bill , delete lines 14 to 24 , inclusive .

On page 3 , delete lines 1 and 2 .

On page 3 , line 22 , delete " following information: " .

On page 3 , delete lines 23 and 24 .

On page 4 , delete lines 1 to 13 , inclusive .

On page 4 , line 14 , delete " (4) The " .

On page 4 , delete lines 20 to 24 , inclusive .

On page 5 , delete lines 1 and 2 .

On page 5 , delete lines 7 to 10 , inclusive .

On page 5 , line 17 , delete " (1) through (3) " and insert " (2) and (3) " .

On page 6 , delete lines 17 to 20 , inclusive .

Sen. Vitter moved that Sen. Olson's motion that HB 1162 be further amended be laid on the table.

Which motion prevailed and Sen. Olson's motion to further amend HB 1162 was laid on the table.

     The question now being "Shall HB 1162 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0

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

Nays were:
Brown (Arnold); Everist; Morford; Olson; Paisley; 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.

Sen. Shoener now presiding.

HB 1262: FOR AN ACT ENTITLED, An Act to require health insurance coverage for mental illness.

Was read the second time.

o-1262

Sen. Olson moved that HB 1262 be further amended as follows:

On page 4 , line 18 of the House engrossed bill , delete " offer " and insert " provide " .

On page 5 , after line 3 , insert:

" Section 7. The provisions of this Act do not apply to any plan, policy, or contract that provides coverage only for:

(1) Specified disease;

(2) Hospital indemnity;

(3) Fixed indemnity;

(4) Accident-only;

(5) Credit;

(6) Dental;

(7) Vision;

(8) Prescription drug;

(9) Medicare supplement;

(10) Long-term care;

(11) Disability income insurance;

(12) Coverage issued as a supplement to liability insurance;

(13) Workers' compensation or similar insurance;

(14) Automobile medical payment insurance; or

(15) Individual health benefit plans of six-months duration or less that are not renewable. "

Which motion prevailed and HB 1262 was so amended.

     The question now being "Shall HB 1262 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers; 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:
Drake; Dunn (Jim); Frederick; 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 1269: FOR AN ACT ENTITLED, An Act to provide for a method of redemption of landowner's coupons for the harvesting of deer by hunters on certain lands and to provide certain penalties.

Was read the second time.

Sen. Aker moved that HB 1269 be deferred until Tuesday, February 24, the 31st legislative day.

Which motion prevailed and the bill was so deferred.

Sen. Everist now presiding.

HB 1288: FOR AN ACT ENTITLED, An Act to increase the fee for preparing a garnishment disclosure.

Was read the second time.

     The question being "Shall HB 1288 pass as amended?"

     And the roll being called:

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

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

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hutmacher; Kloucek; Lange; 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.

HB 1306: FOR AN ACT ENTITLED, An Act to revise reunification of a parent and child if a child has been removed from a home and to revise termination of parental rights.

Was read the second time.

     The question being "Shall HB 1306 pass as amended?"

     And the roll being called:

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

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

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

HB 1316: FOR AN ACT ENTITLED, An Act to revise certain provisions related to drug free zones around schools and certain other youth-oriented facilities.

Was read the second time.

     The question being "Shall HB 1316 pass as amended?"

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

Excused were:
Benson; 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.

Sen. Whiting now presiding.

HB 1329: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

Was read the second time.

     The question being "Shall HB 1329 pass as amended?"

     And the roll being called:

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

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

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 35, 41, 82, and 109 and SJR 2 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

President Pro tempore Halverson now presiding.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 85 failed to be placed on the House calendar.

Respectfully,
KAREN GERDES, Chief Clerk

COMMEMORATIONS

SC 15 Introduced by: Senators Hunhoff and Kloucek and Representatives Moore and Munson (Donald)

A LEGISLATIVE COMMEMORATION, Honoring Bob Karolevitz of Mission Hill, South Dakota, as the 1998 Citizen of the Year for the community of Yankton.

WHEREAS, Bob Karolevitz was born and raised in the city of Yankton and graduated from South Dakota State University in Brookings, served his nation in the United States Armed Forces, then lived on the West Coast of the United States, and recognizing the error of his ways, moved with his wife, Phyllis, and their two daughters, Jill and Jan, to Cedar Crest Farm near Mission Hill some three decades ago; and

WHEREAS, Mr. Karolevitz has, since that time, made his living primarily with his wit and wisdom and writing talent; is a highly honored scholar of South Dakota's history and heritage and has authored a number of books on such subjects and has brought history to life on the printed page, with the able assistance of Phyllis as researcher; and has also dabbled in such trades as farming, sheep-growing, apple-growing, printing, junk-collecting, newspapering, and public relations; and

WHEREAS, Mr. Karolevitz has been a friend to all folks who enjoy a grin and a laugh at the lighter side of life; has also given generously of his time to public service, especially in the fields of health care and history; has raised daughters who are longstanding South Dakotans who have also served their communities and state in many ways; and has been honored by the Yankton community as its Citizen of the Year:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that Bob Karolevitz be honored as the 1998 Yankton Citizen of the Year.

SC 16 Introduced by: The Members of the 73rd Legislative Session

A LEGISLATIVE COMMEMORATION, Honoring Mavis Schrempp of rural Lantry, as the South Dakota Mother of the Year.

WHEREAS, Mavis Schrempp has been an active South Dakota rancher's wife, mother, and grandmother for many years; and

WHEREAS, Mavis Schrempp and her husband, Dean, have raised five sons and three daughters as well as a nephew, and have helped another generation of Schrempps continue the family tradition of ranching; and

WHEREAS, Mavis Schrempp has captured the beauty of South Dakota and especially the prairie landscapes of northwestern South Dakota in her paintings; and

WHEREAS, Mavis Schrempp has generously volunteered of her time, especially through the Heritage Center and the All Saints Church in Eagle Butte; and

WHEREAS, she and Dean have traveled the world and always anxiously returned to their ranch near the tiny community of Lantry:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that Mavis Schrempp be honored for her selection as South Dakota Mother of the Year for 1998.

SC 17 Introduced by: Senators Kloucek, Hunhoff, and Hutmacher and Representatives Moore and Koetzle

A LEGISLATIVE COMMEMORATION, Honoring Darlene Hauck as the South Dakota Sportswriters' Association Prep Girls Coach of the Year for 1997.

WHEREAS, Darlene Hauck has been the long-time Avon volleyball coach and took the Avon Pirates to the state volleyball tournament for the past six years; and

WHEREAS, coach Darlene Hauck and the Avon Lady Pirates lost all but two returning starters and still overcame many hardships to repeat as State B Volleyball Champions in 1997; and

WHEREAS, Darlene Hauck, with her skill and perseverance, has inspired, motivated, and educated her players and made a positive impact on the Avon school system and community:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that the Legislature congratulates Darlene Hauck of Avon for her being named Coach of the Year as well as her outstanding leadership in shaping young lives in South Dakota.

SIGNING OF BILLS

     The President publicly read the title to

     SB 7: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the sale of small tracts of public land.

     SB 30: FOR AN ACT ENTITLED, An Act to provide for the proper disposal of waste tires and to provide for penalties for any violation thereof.

     SB 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the discharge of certain weapons at game while in or on a motor vehicle.

     SB 41: FOR AN ACT ENTITLED, An Act to allow certain adjudicated children to be placed in a juvenile correctional facility, foster home, group home, group care center, or residential treatment center pursuant to chapter 26-11A.

     SB 52: FOR AN ACT ENTITLED, An Act to revise the powers and duties of the State Investment Council and the state investment officer with respect to the permanent school and other educational funds.

     SB 54: FOR AN ACT ENTITLED, An Act to revise the definition of real estate salesperson.

     SB 73: FOR AN ACT ENTITLED, An Act to provide for the challenging of nonresidents attempting to vote in municipal or school elections.

     SB 82: FOR AN ACT ENTITLED, An Act to prohibit certain deceptive acts and practices with regard to lodging establishments and campgrounds and to require that certain records be kept.

     SB 96: FOR AN ACT ENTITLED, An Act to prohibit assaults by any person held in a county or municipal jail or a juvenile detention facility.

     SB 109: FOR AN ACT ENTITLED, An Act to revise provisions concerning stop loss or excess insurance.

     SB 116: FOR AN ACT ENTITLED, An Act to authorize dealers of manufactured homes and mobile homes to operate certain auxiliary lots.

     SB 154: FOR AN ACT ENTITLED, An Act to adopt and amend certain provisions of the Uniform Commercial Code relating to investment securities, including substantive amendments to Article 9 of the Uniform Commercial Code.

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

     SJR 2: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to permit the investment of the permanent school funds in certain stocks, bonds, mutual funds, and other financial instruments.

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

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

     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.

     HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the taxation of manufactured housing as real property.

     HB 1115: FOR AN ACT ENTITLED, An Act to allow school districts to sell real property by public auction or by using a real estate broker.

     HB 1186: FOR AN ACT ENTITLED, An Act to require the transfer of certain money into the property tax reduction fund.

     HB 1188: FOR AN ACT ENTITLED, An Act to allow certain family members to file one petition for change of name.

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

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

     HB 1253: FOR AN ACT ENTITLED, An Act to require the testimony of any witness before any grand jury be recorded.

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

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

     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.

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

     HB 1305: FOR AN ACT ENTITLED, An Act to provide rule-making authority to the Gaming Commission to establish the number of employees required on a premises with limited card games and slot machines.

     HB 1328: FOR AN ACT ENTITLED, An Act to increase the bonding authority for postsecondary technical institutes and to declare an emergency.

     HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VIII of the Constitution of the State of South Dakota, relating to classification of property for purposes of taxation.

     And signed the same in the presence of the Senate.

Sen. Everist moved that the Senate do now adjourn, which motion prevailed, and at 4:10 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary