Joint Journal 02/12/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 12, 1999

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

     The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by Senate page Kathleen Coughlin.

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

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

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

COMMUNICATIONS AND PETITIONS

January 11, 1999

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

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and subject to your consent, I have the honor to inform you that I have appointed Craig W. Johnson, Hughes County, Pierre, South Dakota, Secretary of the Department of Labor.

This appointment is effective January 9, 1999, and shall continue at the pleasure of the Governor.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

January 11, 1999

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

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and Chapter 1-32 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Gary R. Viken, Hughes County, Pierre, South Dakota, Secretary of the Department of Revenue.

This appointment is effective January 9, 1999, and shall continue at the pleasure of the Governor.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

January 8, 1999

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

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and Chapters 1-32 and 1-36A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed John N. Jones, Hughes County, Pierre, South Dakota, Secretary of the Department of Human Services.

This appointment is effective January 9, 1999, and shall continue at the pleasure of the Governor.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

January 7, 1999

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

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and Chapter 1-32 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Ronald W. Wheeler, Hughes County, Pierre, South Dakota, Secretary of Transportation.

This appointment is effective January 9, 1999, and shall continue at the pleasure of the Governor.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 216 and 26 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 13 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 38 and returns the same with the recommendation that said bill be amended as follows:

b-38

On page 1 , after line 13 of the printed bill , insert:

" Section 3. That § 34A-12-4 be amended to read as follows:

34A-12-4. When necessary in the performance of ~~his~~ the secretary's duties under § § 23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 38-20A-9, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 and Title 34A relative to discharges, the secretary may expend funds from the response fund to provide for the costs of investigations, emergency remedial efforts, corrective actions , and managerial or administrative activities associated with such activities. The secretary's use of the response fund shall be based upon the following:

(1) In the case of an investigation, when the secretary determines that a discharge ~~has probably~~ requiring an emergency remedial effort may have occurred and that the general operating budget of the department for such purposes is not adequate to cover the costs of the necessary investigatory activities;

(2) In the case of an emergency remedial effort, when the secretary determines that a discharge has occurred and that corrective actions shall be immediately undertaken to protect an imminent threat to the public health or safety or to contain a discharge which, if not immediately contained, shall in time pose a significantly greater threat

to public health or safety or to the environment of this state than if such action is not immediately taken;

(3) In the case of a discharge not of an emergency nature when the secretary determines that a discharge has occurred, that a responsible party or liability fund capable of performing the corrective actions either cannot be identified or refuses to undertake corrective actions, and that corrective actions shall be undertaken to protect the public health, safety, welfare, or environment of the state. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 140, 147, and 240 which were deferred to the 41st legislative day.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 238 and returns the same with the recommendation that said bill be amended as follows:

o-238

On page 1 , line 8 of the printed bill , delete " customer " and insert " subscriber " .

On page 1 , line 10 , delete " Public Utilities Commission " and insert " commission. The commission may promulgate rules pursuant to chapter 1-26 to implement this section " .

On page 2 , line 18 , delete " a nonauthorized " and insert " an unauthorized " .

On page 2 , after line 25 , insert:

" Section 5. That § 37-30A-9 be repealed.

37-30A-9. Notwithstanding the provisions of § 37-30A-8, no person may change the designated telecommunications company as defined in § 49-31-1(9) which is providing service to a consumer without the written confirmation in the form of a letter of agency from that consumer or confirmation by a third-party verification company. The third-party verification company shall meet each of the following criteria:

~~(1) Be independent of the telecommunications company that seeks to provide the consumer's new service;~~

~~(2) Not be directly managed, controlled, or directed, or owned wholly or in part, by the telecommunications company that seeks to provide the consumer's new service;~~

~~(3) Operate from facilities physically separate from those of the telecommunications company that seeks to provide the consumer's new service; and~~

~~(4) Not derive commissions or compensation based upon the number of sales confirmed.~~

The telecommunications company that seeks to provide the consumer's new service shall connect the consumer by telephone to the third-party verification company or shall arrange for the third-party verification company to call the consumer to confirm the change. The third-party verification company shall obtain the consumer's oral confirmation regarding the change and shall record that confirmation. The record shall include the information requested by the third-party verification company and the consumer's responses. The third-party verification company shall retain that record for twelve months. The record shall be available to the Public Utilities Commission and to the consumer at no cost. No information obtained from the consumer may be used for marketing purposes. If the telecommunications company or a third-party verification company acting on its behalf fails to comply with these third-party verification provisions, the Public Utilities Commission may revoke the telecommunication company's certificate of authority and may impose a civil fine of not less than two hundred dollars nor more than one thousand dollars for each offense. It is a violation of § § 37-30A-1 to 37-30A-17 for any person to make such an unauthorized change. "

j-238a

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

"
Section 1. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

The telecommunications company of any subscriber may not be changed without the telecommunications service subscriber's authorization. The telecommunications service subscriber's authorization shall be evidenced either by a written authorization signed by the subscriber or by the use of an independent third-party verification company which complies with the provisions of sections 2 and 3 of this Act, or by any other means authorized by the commission. Products or services may not be listed on a subscriber's bill unless authorized by the subscriber. The commission may promulgate rules pursuant to chapter 1-26 concerning procedures, requirements, and standards for changing a subscriber's telecommunications company and for listing products and services on a subscriber's bill.

Section 2. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

If an independent third-party verification company obtains a subscriber's oral confirmation regarding a change of a designated telecommunications company for interexchange or local exchange telecommunications service, the third-party verification shall include:

(1) A statement that the purpose of the call is to verify the subscriber's intent to change to the newly requested telecommunications company. The newly requested interexchange or local telecommunications company shall be clearly identified to the subscriber. Reference to use of another telecommunications company's network or

facilities, if stated, shall be secondary in nature to the prominent identification of the telecommunications company which will be providing service and setting the rates for the subscriber's service;

(2) Confirmation that the person whose authorization for a telecommunications company change is being verified is the subscriber on the account or a person authorized by the subscriber to make decisions regarding the telecommunications account on behalf of the subscriber, whether that subscriber is an individual person or a business;

(3) Verification data unique to the subscriber such as the subscriber's date of birth; and

(4) The name and toll-free telephone number of the newly requested telecommunications company.

The third-party verification company shall electronically record the telephone call that confirms the subscriber's change of a designated telecommunications company. The electronic recording shall include the complete statement of the service being changed and the subscriber's complete response. The electronic recording shall be retained by the third-party verification company for two years.

Section 3. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

The third-party verification company shall meet each of the following criteria:

(1) Be independent of the telecommunications company that seeks to provide the subscriber's new service;

(2) Not be managed, controlled, or directed or owned wholly or in part, by the telecommunications company that seeks to provide the subscriber's new service;

(3) Operate from facilities physically separate from those of the telecommunications company that seeks to provide the subscriber's new service; and

(4) Not derive commissions or compensation based upon the number of sales confirmed.

Section 4. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

A telecommunications company selling more than one type of telecommunications service must obtain separate authorization to change a telecommunications company from the subscriber for each service sold, although the authorizations may be made within the same solicitation. Each authorization must be verified separately from any other authorizations obtained in the same solicitation.

Section 5. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

A subscriber is not liable for any charges imposed by a telecommunications company that initiates a telecommunications carrier change without authorization from the subscriber or for the billing of unauthorized products or services. In addition, the telecommunications company that initiates the unauthorized change or the billing of unauthorized products or services shall pay to the subscriber one thousand dollars.

Section 6. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

Any person who violates this Act or any rules promulgated pursuant to this Act is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The commission may impose a civil fine of not more than twenty thousand dollars for each offense. In determining the amount of the penalty upon finding a violation, or the amount of the compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this section shall be deposited in the state treasury. In addition to assessing a civil penalty for a violation of this Act, the commission may revoke or suspend a telecommunications company's certificate of authority for repeated offenses.

Section 7. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

If the commission receives more than two complaints within thirty days regarding violations of section 1 of this Act, the commission may require the telecommunications company responsible for the violations to provide the commission with a complete list of its current subscribers, including the subscribers' billing addresses. The commission may contact each subscriber to determine whether any subscriber has been subject to an unauthorized change in a telecommunications company or billed for unauthorized products or services. If the commission finds, after notice and opportunity for hearing, that a telecommunications company has committed two separate violations of section 1 of this Act within one year, the commission may assess the costs of contacting subscribers to the telecommunications company.

Section 8. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

If an alleged violation of this Act results in a contested case proceeding or if allowed by section 7 of this Act, the commission may assess the actual costs of the contested case proceeding or contacting subscribers to the telecommunications company. The assessment shall be limited to actual amounts expended by the commission for commission employee time, expert witnesses, court reporter fees, document and exhibit preparation, and other necessary and related expenses incurred by the commission. The telecommunications company may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the telecommunications company. The order may be appealed pursuant to chapter 1-26.

Section 9. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

For the purpose of this Act, the term, subscriber, means any person who contracts with a telecommunications company for telecommunications services.

Section 10.That § 37-30A-9 be repealed.

~~(1) Be independent of the telecommunications company that seeks to provide the consumer's new service;~~

~~(2) Not be directly managed, controlled, or directed, or owned wholly or in part, by the telecommunications company that seeks to provide the consumer's new service;~~

~~(3) Operate from facilities physically separate from those of the telecommunications company that seeks to provide the consumer's new service; and~~

~~(4) Not derive commissions or compensation based upon the number of sales confirmed.~~

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 SB 135, which was removed from the table, and returns the same with the recommendation that said bill do not pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 117, which was removed from the table, and returns the same without recommendation.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SCR 4 and returns the same with the recommendation that said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 144, 154, and 223 which were tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 104, 180, and 183 which were deferred to the 41st legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1027 and 1217 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 1192 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 203 and returns the same with the recommendation that said bill be amended as follows:

t-203

On page 3 of the printed bill , between lines 18 and 19 , insert:

" If the trustee obtains the written approval of a majority of the known beneficiaries or is directed by the court, the trustee is not liable for the acts of the person to whom the authority is delegated except in the cases of gross misconduct or gross negligence by the delegating trustee in the selection, establishing the scope and terms of the delegation or reviewing the agent's actions. "

On page 4 , after line 14 , insert:

" Section 14. That § 55-5-6 be repealed.

55-5-6. The trustee shall invest and manage trust assets as a prudent investor would considering the purposes, terms, distribution requirements, and other circumstances of the trust. This standard requires the exercise of reasonable care, skill, and caution and shall be applied to investments not in isolation, but in the context of the trust portfolio as a whole and as a part of an overall investment strategy that should incorporate risk and return objectives reasonably suitable to the trust.

Section 15. That § § 55-5-7 to 55-5-16, inclusive, be repealed. "

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

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1103 and returns the same with the recommendation that said bill be amended as follows:

r-1103

On page 1 , line 5 of the House engrossed bill , delete " a minimum of " .

On page 1 , line 5 , overstrike " forty " 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 Judiciary respectfully reports that it has had under consideration SB 82 which was tabled.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SJR 5 which was tabled.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 189 and 213 which were deferred to the 41st legislative day.

Respectfully submitted,
Keith Paisley, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 50 and 93 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1082, 1156, 1184, 1251, 1271, and 1299 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Bogue moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with referral to committee, and placing on today's calendar a bill relating to a special fireworks sale period at the turn of the millennium.

     The question being on Sen. Bogue's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with referral to committee, and placing on today's calendar a bill relating to a special fireworks sale period at the turn of the millennium.

     And the roll being called:

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

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

Nays were:
Hainje; Madden

Excused were:
Valandra

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 bill was so placed.

     SB 249 Introduced by: Senators Bogue, Albers, Drake, Dunn (Jim), Duxbury, Everist, Halverson, Hutmacher, and Rounds and Representatives Klaudt, Koehn, and Lintz

     FOR AN ACT ENTITLED, An Act to allow a special fireworks sale period at the turn of the millennium.

     Was read the first time and the President waived the committee referral.

Sen. Bogue moved that SB 249 be placed to precede SJR 4 on today's calendar.

Which motion prevailed and SB 249 was so placed.

SCR 7: A CONCURRENT RESOLUTION, Supporting National Forest and Grasslands Land and Resource Management Plans in South Dakota.

    Was read the second time.

     Sen. Vitter moved that SCR 7 as found on page 353 of the Senate Journal be adopted.

     The question being on Sen. Vitter's motion that SCR 7 be adopted.

     And the roll being called:

Yeas 34, Nays 0, Excused 1, 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; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 7 was adopted.

SCR 8: A CONCURRENT RESOLUTION, Expressing opposition to the proposed merger between Cargill, Incorporated and Continental Grain Corporation.

    Was read the second time.

     Sen. Dennert moved that SCR 8 as found on page 354 of the Senate Journal be adopted.

     The question being on Sen. Dennert's motion that SCR 8 be adopted.

     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 (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Olson; Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting

Nays were:
Staggers

Excused were:
Dunn (Jim); Munson (David); Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 8 was adopted.

HCR 1004: A CONCURRENT RESOLUTION, Urging the establishment of an annual youth pheasant hunting season.

Was read the second time.

     Sen. Benson moved that the Senate do concur in HCR 1004 as found on page 208 of the House Journal.

     The question being on Sen. Benson's motion that the Senate do concur in HCR 1004.

     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 (Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Frederick

Excused were:
Dunn (Jim); Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

     Yesterday, Sen. Daugaard announced his intention to reconsider the vote by which SB 161 was lost.

     Sen. Daugaard moved to reconsider the vote by which SB 161 was lost.

     The question being on Sen. Daugaard's motion to reconsider the vote by which SB 161 was lost.

     And the roll being called:

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

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

Nays were:
Dennert; Dunn (Rebecca); Duxbury; Moore; Olson; Reedy; Symens

Excused were:
Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 161 was up for reconsideration and final passage.

SB 161: FOR AN ACT ENTITLED, An Act to establish a procedure for bringing taxes current and issuing certain permits, and to establish certain penalties.

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

f-161b

Sen. Daugaard moved that SB 161 be amended as follows:

On page 1 , delete lines 5 to 15 of the Senate Commerce committee engrossed bill , inclusive .

Delete page 2 .

On page 3 , delete lines 1 to 11 , inclusive .

Which motion prevailed and SB 161 was so amended.

     The question being "Shall SB 161 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, 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; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

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

Excused were:
Valandra

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

The question being on the title.

Sen. Daugaard moved that the title to SB 161 be amended as follows:

On page 1 , line 1 of the Senate Commerce committee engrossed bill , delete everything after " to " .

On page 1 , line 2 , delete " property tax purposes, to " .

Which motion prevailed and the title was so amended.

Yesterday, Sen. Dennert announced his intention to reconsider the vote by which SB 74 was lost.

No member moved to reconsider the vote by which SB 74 was lost.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Transportation on SB 243 as found on page 445 of the Senate Journal; also

     State Affairs on SB 211 as found on page 443 of the Senate Journal; also

     Transportation on SB 60 as found on page 445 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Staggers requested that HB 1056 be removed from the Consent Calendar.

HB 1087: FOR AN ACT ENTITLED, An Act to place certain restrictions on loans obtained by insurance agents from their clients.

Was read the second time.

The question being "Shall HB 1087 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Moore; 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 1091: FOR AN ACT ENTITLED, An Act to provide that stipulations regarding the value of an estate being probated and decrees regarding the inheritance tax due be sealed.

Was read the second time.

     The question being "Shall HB 1091 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

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

Was read the second time.

The question being "Shall HB 1094 pass as amended?"

And the roll being called:

Excused were:
Moore; 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 1099: FOR AN ACT ENTITLED, An Act to revise the exemptions to the practice of cosmetology.

Was read the second time.

     The question being "Shall HB 1099 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Moore; 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 249: FOR AN ACT ENTITLED, An Act to allow a special fireworks sale period at the turn of the millennium.

Was read the second time.

The question being "Shall SB 249 pass?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent and Not Voting 0

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

Nays were:
Hainje; Madden; Olson; Symens

Excused were:
Valandra

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

SJR 4: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and legislative term limits.

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

t-j4

Sen. Dennert moved that SJR 4 be amended as follows:

On page 2 , line 2 of the printed resolution , delete " three " and insert " two " .

On page 2 , line 2 , remove the overstrikes from " ~~eight~~ " .

On page 2 , line 2 , delete " twelve " .

On page 2 , line 3 , delete " three " and insert " two " .

On page 2 , line 4 , remove the overstrikes from " ~~eight~~ " .

On page 2 , line 4 , delete " twelve " .

Sen. Everist moved the previous question.

Which motion prevailed.

The question being "Shall SJR 4 be amended?"

Which motion lost.

Sen. Halverson moved the previous question.

Which motion prevailed.

     The question being "Shall SJR 4 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Brosz; Brown (Arnold); Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Lawler; Madden; Munson (David); Shoener; Vitter

Nays were:
Benson; Bogue; Daugaard; Dennert; Drake; Dunn (Rebecca); Hutmacher; Kleven; Kloucek; Lange; Moore; Olson; Paisley; Reedy; Rounds; Staggers; Symens; Whiting

Excused were:
Valandra

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

Sen. Arnold Brown announced his intention to reconsider the vote by which SJR 4 was lost.

Sen. Rounds moved that SB 194, 177, 205, and 233 and HB 1042 and 1070 be deferred until Tuesday, February 16, the 25th legislative day.

Which motion prevailed and the bills were so deferred.

SB 191: FOR AN ACT ENTITLED, An Act to designate kuchen as the official state dessert.

Was read the second time.

Sen. Kloucek moved that SB 191 be laid on the table.

The question being on Sen. Kloucek's motion that SB 191 be laid on the table.

     And the roll being called:

     Yeas 8, Nays 24, Excused 3, Absent and Not Voting 0

     Yeas were:
Dunn (Rebecca); Flowers; Frederick; Halverson; Hutmacher; Kloucek; Moore; Olson

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Everist; Hainje; Ham; Kleven; Lange; Lawler; Madden; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Dunn (Jim); Duxbury; Valandra

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

Sen. Olson moved the previous question.

Which motion prevailed.

     The question now being "Shall SB 191 pass?"

     And the roll being called:

     Yeas 23, Nays 10, Excused 2, Absent and Not Voting 0

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

Nays were:
Dunn (Rebecca); Flowers; Frederick; Hainje; Halverson; Hutmacher; Kloucek; Moore; Olson; Symens

Excused were:
Duxbury; 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. Kloucek announced his intention to reconsider the vote by which SB 191 was passed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1082: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the impoundment of animals and the regulation of certain kennels.

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

HB 1156: FOR AN ACT ENTITLED, An Act to require certain insurance policies to reimburse the services of licensed professional counselors -- mental health and marriage and family therapists.

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

HB 1184: FOR AN ACT ENTITLED, An Act to allow for the transfer of money from a school district's special education fund to its general fund under certain circumstances.

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

HB 1251: FOR AN ACT ENTITLED, An Act to establish the A+ Schools Program and the A+ Schools Partnership Fund.

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

HB 1271: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of counselor applicants.

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

HB 1299: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the practices of physician assistants, certified registered nurse anesthetists, nurse practitioners, and nurse midwives.

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

SIGNING OF BILLS

The President publicly read the title to

     HB 1009: FOR AN ACT ENTITLED, An Act to require a managed care plan to have a medical director or director.

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

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

     HB 1089: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of insurance agents.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 12 Introduced by: The Members of the Seventy-fourth Legislature

A LEGISLATIVE COMMEMORATION, Recognizing Tiffany Jo Larson, Amanda Beth Washburn, Jessica C. Hughes, and Kestelle Joy Wiersma as Girl Scout Gold Award recipients.

WHEREAS, Tiffany Jo Larson, Amanda Beth Washburn, Jessica C. Hughes, and Kestelle Joy Wiersma have served as members of the Minn-Ia-Kota Girl Scout Council of Sioux Falls, South Dakota for a minimum of ten years and have completed a three-year community service project; and

WHEREAS, they have earned the Gold Award, which is the highest award in Girl Scouting. This award is an expression of a commitment to self, the community, the world, and the future; and

WHEREAS, their extraordinary and generous commitment to serving the community with their energy has strengthened their community and the Minn-Ia-Kota Girl Scout Council. Their experience and hard work will provide them with guidance in the future as they change the world in their own unique ways. The success of South Dakota depends on the dedication of young people such as Tiffany, Amanda, Jessica, and Kestelle:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, Tiffany Jo Larson, Amanda Beth Washburn, Jessica C. Hughes, and Kestelle Joy Wiersma be hereby honored and congratulated as recipients of the Minn-Ia-Kota Girl Scout Council Gold Award.

Sen. Madden moved that the Senate do now adjourn, which motion prevailed, and at 2:19 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary