Joint Journal 01/29/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 29, 1999

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

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by Senate page Amy Benning.

     Roll Call: All members present except Sens. Valandra and Shoener who were 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 thirteenth 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 HALVERSON, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 132 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1035 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , after " bond " insert " , before the bid letting, " .

On page 1 , line 6 of the printed bill , delete " may " and insert " shall " .

On page 1 , line 8 , delete " one hundred " and insert " fifty " .

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 1036 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the printed bill , delete " may " and insert " shall " .

On page 1 , line 8 , delete " one hundred " and insert " fifty " .

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 SJR 1 and SB 118, 121, 135, and 160 which were deferred to the 41st legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 49 and returns the same with the recommendation that said bill be amended as follows:

On page 6 of the printed bill , after line 22 , insert:

" Section 12. That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:

An employer is civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim. The burden of proof is on the employee to prove the dismissal was in retaliation for filing a workers' compensation claim.

Section 13. That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:

If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury, the current employer shall pay all medical and hospital expenses and compensation provided by this title. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 75 and returns the same with the recommendation that said bill be amended as follows:

On page 5 , line 14 of the printed bill , delete " general " and insert " insurance fraud prevention unit " .

On page 8 , delete lines 14 to 19 , inclusive .

On page 8 , after line 13 of the printed bill , insert:

" Section 17. Each authorized insurer shall, three years after the effective date of this Act, reevaluate its rates based upon the impact that fraud prevention has had upon its rates, considering the impact of this Act and the impact of any fraud prevention units of the insurer or other fraud prevention organization and appropriate accumulated data and, if justified by the insurer's actuary, reduce its rates. "

And that as so amended said bill do pass.

Respectfully submitted,
Dennis Daugaard, Vice-Chair

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 10, 11, and 12 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Kenneth Albers, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1060 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 SB 2 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 5 of the Senate Taxation committee engrossed bill , after " award " insert " reasonable " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 122 which was deferred to the 41st legislative day.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1061 and 1064 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 1062 and 1063 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 9 of the printed bill , remove the overstrikes from " ~~Class 2~~ " .

On page 1 , line 9 , delete " Class 1 " .

On page 1 , line 10 , after " misdemeanor. " insert " However, a violation of this section is a Class 1 misdemeanor if the emergency vehicle referred to in this section is an ambulance, fire department vehicle, or a rescue vehicle which is at the scene of an accident or a fire and the failure to stop results in an injury to an emergency worker or damage to any such authorized emergency vehicle. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 107 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the printed bill , delete " July first " and insert " December thirty-first " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 79 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 5 of the Senate Judiciary committee engrossed bill , remove the overstrikes from " of " .

On page 1 , line 5 , delete " for each sales transaction under " .

On page 1 , line 6 , overstrike " § 34-46-2 " and insert " subdivision 34-46-2(4) " .

On page 1 , after line 9 of the Senate Judiciary committee engrossed bill , insert:

" Section 2. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

No person may be charged with more than one violation in any twenty-four hour period which results from sales to persons purchasing during unannounced random inspections. "

And that as so amended said bill do pass.

Respectfully submitted,
Fred Whiting, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 8, 42, and 51 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1014, 1042, 1045, 1051, 1058, 1076, 1084, 1090, 1092, 1093, 1094, 1095, 1098, 1102, and 1103 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Lawler moved that SB 191 be referred from the Committee on Commerce to the Committee on State Affairs.

Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Transportation on SB 81 as found on page 228 of the Senate Journal; also

     Education on SB 127 as found on page 227 of the Senate Journal; also

     Agriculture and Natural Resources on SB 5 as found on page 228 of the Senate Journal; also

     Agriculture and Natural Resources on SB 95 as found on page 230 of the Senate Journal; also

     Agriculture and Natural Resources on SB 115 as found on page 230 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 205 Introduced by: Senators Duxbury and Drake and Representatives Lockner, Brown (Jarvis), Burg, and Duenwald

     FOR AN ACT ENTITLED, An Act to revise the procedure for establishing the tax levy for a school district sending students to an adjoining school district.

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

     SB 206 Introduced by: Senator Paisley and Representative Cutler

     FOR AN ACT ENTITLED, An Act to provide a legislative finding concerning the video lottery and to revise the payback from the video lottery machines.

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

SB 207 Introduced by: Senators Everist, Munson (David), Paisley, and Shoener and Representatives Peterson, Brooks, Brown (Richard), Diedrich (Larry), Duniphan, Earley, Roe, and Wilson

FOR AN ACT ENTITLED, An Act to authorize additional off-sale retail liquor licenses in certain first class municipalities.

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

     SB 208 Introduced by: Senators Reedy, Dennert, Dunn (Rebecca), Duxbury, Flowers, Hutmacher, Kloucek, Lange, Lawler, Moore, Olson, and Symens and Representatives Lucas, Burg, Cerny, Chicoine, Davis, Fischer-Clemens, Hagen, Haley, Hanson, Kazmerzak, Koetzle, Lockner, McIntyre, Nachtigal, Patterson, Sutton (Daniel), Volesky, Waltman, and Wilson

     FOR AN ACT ENTITLED, An Act to create the Higher Education Advance Payment Plan Task Force.

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

     SB 209 Introduced by: The Committee on State Affairs at the request of the Governor

     FOR AN ACT ENTITLED, An Act to provide certain incentives for school consolidation.

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

     SB 210 Introduced by: The Committee on State Affairs at the request of the Governor

     FOR AN ACT ENTITLED, An Act to provide mandatory prison sentences for certain violations regarding controlled substances and marijuana.

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

     SB 211 Introduced by: The Committee on State Affairs at the request of the Governor

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to workers' compensation.

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

     SB 212 Introduced by: Senators Vitter, Albers, Madden, Symens, Valandra, and Whiting and Representatives McNenny, Chicoine, Duniphan, Jaspers, Kazmerzak, Koehn, Koskan, Lintz, McCoy, Peterson, and Wetz

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the grant of a permit to construct a railroad.

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

     SB 213 Introduced by: Senators Symens, Flowers, and Hutmacher and Representatives Hanson, Haley, and Jaspers

     FOR AN ACT ENTITLED, An Act to allow any county to adjust the amount of revenue from taxes payable on real property based on the amount of the cash carryover expended in 1995.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Staggers requested that HB 1024 be removed from the Consent Calendar.

SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance coverage for appurtenant property.

Was read the second time.

     The question being "Shall SB 137 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Moore

Excused were:
Shoener; Valandra

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

HB 1041: FOR AN ACT ENTITLED, An Act to remove the annual renewal requirements for a resident small game or resident fishing license for certain qualified persons.

Was read the second time.

     The question being "Shall HB 1041 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Moore

Excused were:
Shoener; Valandra

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

HB 1044: FOR AN ACT ENTITLED, An Act to revise the date for the submission of certain continuing education reports by insurance agents.

Was read the second time.

     The question being "Shall HB 1044 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Moore

Excused were:
Shoener; Valandra

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

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding installment transactions involving a motor vehicle.

Was read the second time.

     The question being "Shall HB 1046 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Moore

Excused were:
Shoener; Valandra

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

HB 1047: FOR AN ACT ENTITLED, An Act to grant state-chartered banks powers allowed federally chartered banks under certain conditions.

Was read the second time.

     The question being "Shall HB 1047 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Moore

Excused were:
Shoener; Valandra

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

HB 1049: FOR AN ACT ENTITLED, An Act to require certain specifications and tolerances for weights and measures established by administrative rule to be in conformance with updated national standards.

Was read the second time.

     The question being "Shall HB 1049 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Moore

Excused were:
Shoener; Valandra

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

HB 1050: FOR AN ACT ENTITLED, An Act to revise the term, creditable coverage, with regard to health insurance policies and to clarify coverage for guarantee issue.

Was read the second time.

The question being "Shall HB 1050 pass as amended?"

And the roll being called:

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

Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Moore

Excused were:
Shoener; Valandra

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

HB 1055: FOR AN ACT ENTITLED, An Act to revise and remove certain segments of the state trunk highway system.

Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Moore

Excused were:
Shoener; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 110: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the electronic filing of tax returns and tax payments.

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

Sen. Paisley moved that SB 110 be amended as follows:

On page 1 , line 12 of the printed bill , remove the overstrikes from " ~~last day~~ " .

On page 1 , line 12 , before " last " insert " second to the " .

On page 1 , line 12 , delete " second working day after the filing day " .

On page 1 , remove the overstrikes from lines 15 to 17 , inclusive .

On page 1 , line 16 , after the first and second "day" insert " and the second to the last day " .

On page 1 , line 16 , overstrike " is " and insert " are " .

On page 2 , line 15 , remove the overstrikes from " ~~last day~~ " .

On page 2 , line 15 , before " last " insert " second to the " .

On page 2 , line 15 , delete " second working day after the filing day " .

On page 3 , line 10 , remove the overstrikes from " ~~last day~~ " .

On page 3 , line 10 , before " last " insert " second to the " .

On page 3 , line 10 , delete " second working day after the filing day " .

On page 4 , line 4 , remove the overstrikes from " ~~last day~~ " .

On page 4 , line 4 , before " last " insert " second to the " .

On page 4 , line 4 , delete " second working day after the filing day " .

Which motion prevailed and SB 110 was so amended.

Sen. Flowers moved that SB 110 be deferred until Monday, February 1, the 15th legislative day.

Which motion prevailed and the bill was so deferred.

SB 27: FOR AN ACT ENTITLED, An Act to require the conduct of criminal background checks for certain persons employed by the Board of Regents.

Was read the second time.

Sen. Everist moved that SB 27 be deferred until Monday, February 1, the 15th legislative day.

Which motion prevailed and the bill was so deferred.

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the costs of care and treatment and calculation thereof for persons receiving treatment from the Human Services Center.

Was read the second time.

     The question being "Shall SB 55 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Munson (David); Paisley; Reedy; Rounds; Staggers; Vitter; Whiting

Nays were:
Dunn (Rebecca); Kloucek; Moore; Olson; Symens

Excused were:
Shoener; Valandra

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

SB 64: FOR AN ACT ENTITLED, An Act to revise, repeal, and reenact certain provisions pertaining to persons with developmental disabilities.

Was read the second time.

     The question being "Shall SB 64 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Symens; Vitter; Whiting

Nays were:
Kloucek; Staggers

Excused were:
Shoener; 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.

SB 92: FOR AN ACT ENTITLED, An Act to authorize the formation of library districts and to authorize the levy of a tax to fund their operations.

Was read the second time.

     The question being "Shall SB 92 pass as amended?"

     And the roll being called:

     Yeas 13, Nays 20, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Brosz; Dunn (Rebecca); Everist; Ham; Hutmacher; Kleven; Lawler; Madden; Paisley; Reedy; Vitter; Whiting

Nays were:
Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury; Flowers; Frederick; Hainje; Halverson; Kloucek; Lange; Moore; Munson (David); Olson; Rounds; Staggers; Symens

Excused were:
Shoener; Valandra

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

SB 111: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the taxation of the gross receipts of a professional employer organization.

Was read the second time.

     The question being "Shall SB 111 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Bogue

Excused were:
Shoener; Valandra

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

SB 126: FOR AN ACT ENTITLED, An Act to provide for the confidentiality of certain ambulance patient information.

Was read the second time.

     The question being "Shall SB 126 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Dennert; Flowers; Kleven; Kloucek; Moore

Excused were:
Shoener; Valandra

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

SB 128: FOR AN ACT ENTITLED, An Act to criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

Was read the second time.

     The question being "Shall SB 128 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Excused were:
Shoener; 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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the regulation, inspection, and transportation of livestock.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1042: FOR AN ACT ENTITLED, An Act to authorize the secretary of commerce and regulation to issue restricted driver licenses to persons whose driving privileges have been withdrawn and to promulgate certain administrative rules.

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

HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the confidentiality of bank examinations.

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

HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the fuel excise tax.

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

HB 1058: FOR AN ACT ENTITLED, An Act to revise the Board of Accountancy's authority regarding certificate holders not in public practice and to revise certain educational, continuing education, and examination requirements for licensees and certificate holders.

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

HB 1076: FOR AN ACT ENTITLED, An Act to appropriate federal funds for the continuation of the Visitation Enforcement Program Implementation Task Force.

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

HB 1084: FOR AN ACT ENTITLED, An Act to establish deadlines for action by school districts on certain reorganization petitions and plans.

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

HB 1090: FOR AN ACT ENTITLED, An Act to revise administrative procedures regarding the filing of a notice of appeal, an application for a stay pending appeal, and the time for serving briefs.

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

HB 1092: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of a special administrator for probate.

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

HB 1093: FOR AN ACT ENTITLED, An Act to exempt limited liability companies from the filing fee for the first annual report under certain circumstances.

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

HB 1094: FOR AN ACT ENTITLED, An Act to revise certain guardianship and conservatorship provisions regarding appointment hearings, financial statements, and successors.

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

HB 1095: FOR AN ACT ENTITLED, An Act to revise certain administrative rules relating to telecommunications services.

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

HB 1098: FOR AN ACT ENTITLED, An Act to revise the procedure for authorizing a bond issue involving two or more political subdivisions.

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

HB 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclaimer of a property interest a person is entitled to by will or intestate succession.

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

HB 1103: FOR AN ACT ENTITLED, An Act to increase the per diem paid to jurors.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the inspection of certain residential care facilities.

Was read the second time.

The question being "Shall HB 1028 pass?"

And the roll being called:

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

Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Symens; Vitter; Whiting

Nays were:
Staggers

Excused were:
Lawler; Shoener; 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.

SIGNING OF BILLS

     The President publicly read the title to

     HB 1030: FOR AN ACT ENTITLED, An Act to require state health inspections of school food services programs.

     HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state aid to education.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 6 Introduced by: The Members of the Seventy-fourth Legislature

A LEGISLATIVE COMMEMORATION, Honoring the late Thomas Mathew Hettich, who tragically lost his life on December 24, 1998, for his contributions to his community and to the State of South Dakota.

WHEREAS, Thomas Mathew Hettich of Selby, SD, was active in high school sports, received several scholarships, wrote a weekly newspaper column, served as a senate page in January, 1998, and attended South Dakota State University; and

WHEREAS, Mr. Hettich exemplified those qualities we most admire in our youth as he brightened the lives of others through high school, business, and beyond; and

WHEREAS, Mr. Hettich was a friend to all, and is rightfully missed by all those whose lives he touched:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that Mr. Hettich be honored for his achievements and contributions to his community and South Dakota.

Sen. Bogue moved that the Senate do now adjourn, which motion prevailed, and at 2:45 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary