Joint Journal 03/01/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
March 1, 1999

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

     The prayer was offered by the Chaplain, Pastor David Mack, followed by the Pledge of Allegiance led by Senate page Mark Papousek.

     Roll Call: All members present except Sens. Symens and Valandra 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 thirty-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.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

     The Senate proceeded to the consideration of the executive appointment of Scott A. Abdallah of Minnehaha County, Sioux Falls, South Dakota, to the Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive appointment of Scott A. Abdallah pursuant to the executive message as found on page 442 of the Senate Journal?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

Excused were:
Kloucek; Moore; Symens; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

COMMUNICATIONS AND PETITIONS

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 36, 131, 175, and 214, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 49, 65, 128, 249 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 1, 5, 6, 10, 11, 12, 13, 14, 15, 26, 27, 34, 38, 39, 47, 52, 53, 55, 57, 58, 71, 75, 79, 80, 87, 91, 95, 97, 99, 103, 109, 110, 115, 126, 127, 132, 134, 176, 177, 179, 190, 202, 204, 216, 235, 236, 239, and 246 were delivered to his Excellency, the Governor, for his approval at 10:38 a.m., March 1, 1999.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1292, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the House State Affairs committee engrossed bill , delete " and immediate " .

On page 1 , line 14 , after " telecommunications " insert " integration " .

On page 2 , line 4 , delete " a " and insert " an integration " .

On page 2 , line 14 , after " Regulation. " insert " The integration of functions and facilities shall include the transfer of State Radio Communications, including its budget and FTE allocation, from the Office of the Attorney General to the Bureau of Information and Telecommunications. " .

On page 2 , line 20 , delete " county government " and insert " county commissioners " .

On page 2 , line 22 , delete " review " and insert " develop " .

On page 2 , line 23 , after " appropriate. " insert " The task force shall conduct public hearings to develop and recommend standards for operation and utilization of public safety answering points. The Bureau of Information and Telecommunications shall promulgate rules pursuant to

chapter 1-26 to establish standards for the operation and utilization of public safety answering points and shall consider the task force's recommendations in the rulemaking process. "

On page 3 , between lines 11 and 12 , insert:

" Section 6. Beginning on the effective date of this Act, no new public safety answering points may be established. State Radio Communications may enter into a contract or agreement with any public safety answering point to serve the state where appropriate. State Radio Communications may provide 911 services in unserved areas of the state through a joint powers agreement if invited. "

On page 1 , line 5 of the House State Affairs committee engrossed bill , delete " 34-45 " and insert " 1-13 " .

On page 1 , delete lines 7 to 16 , inclusive , and insert:

" State Radio Communications, including its budget and FTE allocation, is hereby transferred from the Office of the Attorney General to the Bureau of Information and Technology. "

On page 2 , line 19 , delete everything after " : " and insert " the South Dakota Chapter of the Association of Public Safety Communication Officials, the South Dakota Chapter of National Emergency Numbers Association, the South Dakota Emergency Management Association, the South Dakota Emergency Medical Technicians Association, the South Dakota Firefighters Association, the South Dakota Association of County Commissioners, the South Dakota Municipal League, the South Dakota Police Chiefs Association, the South Dakota Sheriffs Association, and at least one member from an operating public safety answering point system. "

On page 2 , delete line 20 .

On page 2 , line 21 , delete everything before " The " .

On page 2 , delete lines 24 and 25 .

On page 3 , delete lines 1 to 4 , inclusive , and insert:

" Section 4. That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

The task force shall develop a set of minimum technical, operational, and procedural standards. "

On page 3 , line 8 , delete " Bureau of Information and " .

On page 3 , line 9 , delete " Telecommunications " and insert " task force " .

On page 3 , line 9 , delete " comprehensive telecommunications plan " and insert " standards " .

On page 3 , line 10 , delete " bureau " and insert " task force " .

On page 3 , delete lines 12 to 25 , inclusive , and insert:

" Section 6. That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

Beginning on the effective date of this Act, no new public safety answering points may be established, unless they include two or more local government entities. Nothing in this section prohibits an unserved area from contracting or joining with an existing public safety answering point.

Section 7. That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

The state may contract with any existing public safety answering point to provide emergency services pursuant to the joint powers provisions of chapter 1-24. "

On page 4 , delete lines 1 to 3 , inclusive .

And that as so amended said bill do pass.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 249 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 138 and 149 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 HCR 1016 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Rebecca Dunn moved that the Senate do concur in House amendments to SB 171.

     The question being on Sen. Rebecca Dunn's motion that the Senate do concur in House amendments to SB 171.

     And the roll being called:

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

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

Nays were:
Everist; Moore

Excused were:
Kloucek; Symens; Valandra

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. David Munson moved that consideration of SB 60 be placed to follow HCR 1017 on today's calendar.

Which motion prevailed and consideration of SB 60 was so placed.

     Sen. Vitter moved that the Senate do concur in House amendments to SB 228.

     The question being on Sen. Vitter's motion that the Senate do concur in House amendments to SB 228.

     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; Shoener; Staggers; Vitter; Whiting

Excused were:
Symens; Valandra

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

     Sen. Everist moved that the Senate do concur in House amendments to SB 162.

     The question being on Sen. Everist's motion that the Senate do concur in House amendments to SB 162.

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent and Not Voting 0

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

Nays were:
Bogue; Brosz; Drake; Frederick; Moore; Staggers

Excused were:
Symens; Valandra

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

Sen. Vitter moved that the Senate do not concur in House amendments to SB 172 and that a committee of three on the part of the Senate be appointed to meet with a like committee of three on the part of the House to adjust the differences between the two houses.

     Sen. Olson moved as a substitute motion that the Senate do concur in House amendments to SB 172.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 172.

     And the roll being called:

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

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

Nays were:
Bogue; Dunn (Jim); Halverson; Paisley; Rounds; Shoener; Vitter

Excused were:
Symens; Valandra

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

HCR 1010: A CONCURRENT RESOLUTION, Urging Congress to inform the public of the costs of long-term care and to promote coverage of individuals under long-term care insurance.

    Was read the second time.

     Sen. Olson moved that the Senate do concur in HCR 1010 as found on page 543 and amended on page 696 of the House Journal.

     The question being on Sen. Olson's motion that the Senate do concur in HCR 1010 as amended.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Whiting

Excused were:
Dunn (Jim); Symens; Valandra; Vitter

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1010 was concurred in.

HCR 1017: A CONCURRENT RESOLUTION, Supporting country-of-origin labeling of meat products.

    Was read the second time.

     Sen. Bogue moved that the Senate do concur in HCR 1017 as found on page 739 of the House Journal.

     The question being on Sen. Bogue's motion that the Senate do concur in HCR 1017.

     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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Vitter; Whiting

Nays were:
Staggers

Excused were:
Dunn (Jim); Symens; Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1017 was concurred in.

     Sen. David Munson moved that the Senate do concur in House amendments to SB 60.

     The question being on Sen. David Munson's motion that the Senate do concur in House amendments to SB 60.

     And the roll being called:

     Yeas 26, Nays 6, Excused 3, Absent and Not Voting 0

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

Nays were:
Drake; Frederick; Hainje; Kloucek; Olson; Vitter

Excused were:
Dunn (Jim); Symens; Valandra

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

HCR 1016: A CONCURRENT RESOLUTION, Encouraging the Board of Regents to fix a special tuition rate for nonresident students of exceptional talent and ability whose parents were graduated by state universities.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Appropriations on HB 1298 as found on page 694 of the Senate Journal; also

     State Affairs on HB 1178 as found on page 703 of the Senate Journal; also

     State Affairs on HB 1293 as found on page 709 of the Senate Journal; also

     State Affairs on HB 1218 as found on page 706 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 1302 be removed from the Consent Calendar.

Sen. Frederick requested that HCR 1008 be removed from the Consent Calendar.

HCR 1009: A CONCURRENT RESOLUTION, Declaring June 1999 as Obesity Awareness Month.

    Was read the second time.

     The question being "Shall HCR 1009 as found on page 542 of the House Journal be concurred in?'

     And the roll being called:

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

Yeas were:
Dennert; Duxbury; Flowers; Hutmacher; Kloucek; Lawler; Moore; Reedy

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Lange; Madden; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

Excused were:
Symens; Valandra

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1038: FOR AN ACT ENTITLED, An Act to revise the system of issuing and selling certain licenses, permits, and stamps by agents of the Department of Game, Fish and Parks, to repeal the reimbursement to counties for services rendered in such sales, and to provide additional funds to the state animal damage control fund.

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

     The question being "Shall HB 1038 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; Shoener; Staggers; Vitter; Whiting

Excused were:
Symens; 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 1164: FOR AN ACT ENTITLED, An Act to provide certain injunctive relief against unwarranted emergency zoning ordinances, zoning maps, and other official controls.

Was read the second time.

     The question being "Shall HB 1164 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 15, Excused 2, Absent and Not Voting 0

     Yeas were:
Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Madden; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

Nays were:
Albers; Bogue; Dennert; Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Reedy

Excused were:
Symens; 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 HB 1164 was passed.

HB 1163: FOR AN ACT ENTITLED, An Act to increase the maximum amount allowable for the brand renewal fee.

Was read the second time.

     The question being "Shall HB 1163 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; 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; Vitter; Whiting

Nays were:
Dennert; Moore; Staggers

Excused were:
Symens; 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.

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 second time.

Sen. Rounds moved that HB 1184 be deferred until Tuesday, March 2, the 35th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1282: FOR AN ACT ENTITLED, An Act to revise the confidentiality related to certain patient records.

Was read the second time.

     The question being "Shall HB 1282 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; Shoener; Staggers; Vitter; Whiting

Excused were:
Symens; 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 1283: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the licensing and regulation of the practices of architecture, engineering, land surveying, landscape architecture, petroleum release assessment, and petroleum release remediation and to the certification of environmental technical services.

Was read the second time.

     The question being "Shall HB 1283 pass as amended?"

     And the roll being called:

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

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

Nays were:
Staggers

Excused were:
Duxbury; Frederick; Symens; 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.

HB 1287: FOR AN ACT ENTITLED, An Act to increase the maximum amount allowable for the livestock ownership inspection fee.

Was read the second time.

     The question being "Shall HB 1287 pass?"

     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; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Shoener; Vitter; Whiting

Nays were:
Dennert; Kleven; Moore; Rounds; Staggers

Excused were:
Symens; 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.

HB 1004: FOR AN ACT ENTITLED, An Act to increase and revise license fees for certain noncommercial vehicles, to revise the distribution of license fees, and to increase the excise tax on certain motor fuels.

Was read the second time.

Sen. Rounds moved that HB 1004 be deferred until Tuesday, March 2, the 35th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1147: FOR AN ACT ENTITLED, An Act to authorize the construction of a new roof on the Dakota Dome at the University of South Dakota.

Was read the second time.

     The question being "Shall HB 1147 pass as amended?"

     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; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Whiting

Nays were:
Kloucek

Excused were:
Symens; Valandra; Vitter

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

HB 1229: FOR AN ACT ENTITLED, An Act to require the reporting of certain weapons violations on school premises to local law enforcement authorities.

Was read the second time.

     The question being "Shall HB 1229 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 3, 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; Munson (David); Olson; Paisley; Reedy; Shoener; Staggers; Vitter; Whiting

Nays were:
Kloucek; Moore; Rounds

Excused were:
Symens; 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 1260: FOR AN ACT ENTITLED, An Act to make an appropriation to provide for certain tax refunds for elderly and disabled persons.

Was read the second time.

     The question being "Shall HB 1260 pass?"

     And the roll being called:

     Yeas 32, Nays 0, 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; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

Excused were:
Frederick; Symens; 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.

HJR 1003: 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 legislative term limits.

Was read the second time.

Sen. Halverson moved that HJR 1003 be deferred until Wednesday, March 3, the 36th legislative day.

Which motion prevailed and the resolution was so deferred.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Tuesday, March 2, the 35th legislative day.

Which motion prevailed.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Hennies, Donald Munson, and Wilson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 130.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1075 and has appointed Reps. Eccarius, Richard Brown, and Cerny as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1221.

Respectfully,
KAREN GERDES, Chief Clerk

SIGNING OF BILLS

     The President publicly read the title to

     SB 49: FOR AN ACT ENTITLED, An Act to repeal the subsequent injury fund.

     SB 65: FOR AN ACT ENTITLED, An Act to codify the legislation passed in 1998.

     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.

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

     HB 1138: FOR AN ACT ENTITLED, An Act to account for how taxes are paid by certain manufactured homes for certain school purposes, to establish how the Department of Revenue shall adjust the computation for local effort, and to classify certain manufactured homes as real property for property tax purposes.

     HB 1189: FOR AN ACT ENTITLED, An Act to repeal the requirement that certain proposals for the regulation of professions and occupations be reviewed prior to session.

     HB 1198: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the expenses of state officers and employees which are reimbursable.

     HB 1213: FOR AN ACT ENTITLED, An Act to protect the normal operation and use of sport shooting ranges.

     HB 1225: FOR AN ACT ENTITLED, An Act to exempt school districts from certain transportation requirements.

     HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions related to local government officer conflicts of interest.

     HB 1296: FOR AN ACT ENTITLED, An Act to restrict certain criminal liability for alcoholic beverage licensees and to provide for administrative sanctions.

     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.

     HB 1301: FOR AN ACT ENTITLED, An Act to limit the liability resulting from the manufacture, distribution, and sale of firearms.

     And signed the same in the presence of the Senate.

Sen. Benson moved that the Senate do now adjourn, which motion prevailed, and at 2:58 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary