JOURNAL OF THE SENATE

SEVENTY-FOURTH  SESSION




THIRTY-SIXTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
March 3, 1999

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

     The prayer was offered by the Chaplain, Vicar Patrick Kuhlman, followed by the Pledge of Allegiance led by Senate page Joy Anna Freed.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-fifth 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 Legislative Procedure respectfully reports that SB 60, 89, 138, 149, 162, 164, 171, 172, 186, 228, and 243 were delivered to his Excellency, the Governor, for his approval at 10:05 a.m., March 3, 1999.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SCR 12 in which the House has concurred.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1106.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 64 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 54, 111, 151, 194, 205, 211, and 238 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk



COMMUNICATIONS AND PETITIONS


March 2, 1999



Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 235 and 236, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

March 3, 1999



Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 32, 204, and 216, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

February 16, 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 Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Christine Hamilton, Brule County, Kimball, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective immediately, and shall continue until January 10, 2002.

Sincerely,
William J. Janklow
GOVERNOR

    The President waived the committee referral.


CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Philip G. Killey of Pennington County, Rapid City, South Dakota, as Adjutant General of South Dakota.

    The question being "Does the Senate advise and consent to the executive appointment of Philip G. Killey pursuant to the executive message as found on page 734 of the Senate Journal?"

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

     Excused were:
Hutmacher

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

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1230 as found on page 825 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1230 be approved?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting


     So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

MOTIONS AND RESOLUTIONS


     Sen. Halverson moved that the Senate do not concur in House amendments to SB 209 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Everist, Halverson, and Olson.

CONSIDERATION OF REPORTS OF COMMITTEES



     Sen. Rounds moved that the report of the Standing Committee on

     Appropriations on HB 1166 as found on page 744 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

     Sen. Olson moved that the word "not" be stricken from the report of the Committee on Appropriations on HB 1166 as found on page 744 of the Senate Journal and that HB 1166 be placed on today's calendar.

     The question being on Sen. Olson's motion that the word "not" be stricken from the report of the Committee on Appropriations on HB 1166 as found on page 744 of the Senate Journal and that HB 1166 be placed on today's calendar.

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent and Not Voting 0

     Yeas were:
Brown (Arnold); Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Symens; Valandra

     Nays were:
Albers; Benson; Bogue; Brosz; Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Rounds; Shoener; Staggers; Vitter; Whiting

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


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     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.

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

     Sen. Arnold Brown moved that HJR 1003 be placed to follow HB 1292 on today's calendar.

     Which motion prevailed and the bill was so placed.

     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.

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

     Sen. Rounds moved that HB 1004 be placed to follow HJR 1003 on today's calendar.

     Which motion prevailed and the bill was so placed.

     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.

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

j-1184

     Sen. Rounds moved that HB 1184 be further amended as follows:

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

"      Section 1. The Governor, pursuant to §  5-24-12, is hereby authorized to accept, on behalf of the State of South Dakota, the transfer of the former Harmony Hill girls school from the Benedictine Sisters. "


     Which motion prevailed and the bill was so amended.

     The question being "Shall HB 1184 pass as amended?"


     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; Valandra; Whiting

     Excused were:
Vitter

     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. Rounds moved that the title to HB 1184 be amended as follows:

     On page 1 , line 1 of the House Education committee engrossed bill , delete everything after " to " and insert " allow for the transfer of Harmony Hill to the State of South Dakota. "

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     President Hillard now presiding.

     HB 1298:   FOR AN ACT ENTITLED, An Act to   require all programs and degrees provided by the Board of Regents be offered or conferred by the existing institutions.

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

z-1298

     Sen. Rounds moved that HB 1298 be further amended as follows:

     On page 744 , line 3 of the Senate Journal , after " negotiations " insert " pursuant to §  3-18- 3 " .

     Which motion prevailed and the bill was so amended.

     The question being "Shall HB 1298 pass as amended?"


     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Paisley; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

     Nays were:
Dunn (Rebecca); Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Reedy; 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. Rounds moved that the title to HB 1298 be amended as follows:

     On page 1 , line 1 of the Senate Appropriations committee engrossed bill , delete everything after " to " and insert " revise certain provisions regarding contract negotiations by certain public employees. "

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     HB 1292:   FOR AN ACT ENTITLED, An Act to   make legislative findings and recommendations for improvement to the 911 emergency notification system and to provide for the development of a statewide comprehensive plan.

     Was read the second time.

o-1292e

     Sen. Hainje moved that HB 1292 be further amended as follows:

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

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


     The functions of State Radio Communications, including its budget funds and FTE allocation, is hereby transferred from the Office of the Attorney General to the Bureau of Information and Telecommunications.

     Section 2. That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

     The State of South Dakota shall by July 1, 2001, integrate telecommunications functions and facilities of those state agencies, which currently operate their own systems, into one cohesive and integrated network. These agencies currently include State Radio Communications; the Bureau of Information and Telecommunications; the Division of Emergency Management in the Department of Military and Veterans Affairs; Public Broadcasting in the Bureau of Information and Telecommunications; the Department of Game, Fish and Parks; the Department of Transportation; the Division of Forestry in the Department of Agriculture; and the Highway Patrol in the Department of Commerce and Regulation. The Bureau of Information and Telecommunications shall be responsible for development of a state agency integration plan by November 1, 1999.

     Section 3. That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

     The South Dakota 911 Coordinated Statewide System Task Force created pursuant to §  34- 45-18 is hereby continued and shall be expanded to include at least one representative from each of the following groups: 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. The task force shall conduct public hearings to develop and recommend standards for operation and utilization of public safety answering points.

     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 for the operation and utilization of a public safety answering point.

     Section 5. That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

     Each public safety answering point shall obtain a full audit report on 911 traffic from its telephone service provider and provide that information to the task force for use in the preparation of the standards. Each public safety answering point shall provide the audit report to the task force no later than August 2, 1999.

     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.

     Section 8. That § 1-13-1 be amended to read as follows:

     1-13-1.   The attorney general is authorized and empowered to Bureau of Information and Telecommunications may purchase the necessary apparatus and equipment to construct or establish a radio broadcasting station at the state capitol at Pierre, South Dakota, which broadcasting station shall be used solely for the transmission of state business and information. The attorney general is further authorized and empowered to bureau may also purchase low wave radio receiving sets in such quantities as may be most economical and to equip with low wave radio receiving sets all state-owned cars used by the agents in his department, such road maintainers as he shall determine advisable, the state penitentiary and such other places as may furnish to facilitate the speedy transmission of messages and state information.

     The attorney general bureau is charged with the operation and maintenance of said radio the broadcasting station.

     Section 9. That § 1-13-2 be amended to read as follows:

     1-13-2.   The attorney general is hereby authorized and empowered to Bureau of Information and Telecommunications may locate, construct, establish, equip and maintain such towers, repeater stations and subheadquarters as may be necessary, and for such purpose may acquire by purchase, lease or condemnation all necessary sites and locations in order to install, establish , and operate a state radio communications system as provided by this chapter.

     Section 10. That § 1-13-3 be amended to read as follows:

     1-13-3.   The attorney general is authorized to Bureau of Information and Telecommunications may employ such radio operators and assistants and such radio equipment as he may deem necessary to carry out the provisions of this chapter. The costs of maintaining and the operation of a state radio communications system and all short wave length radio receiving sets owned or operated by the department of the attorney general bureau shall be paid out of the appropriation for this division of such department bureau .

     Section 11. That § 1-13-5 be amended to read as follows:


     1-13-5.   The attorney general is authorized and empowered to Bureau of Information and Telecommunications may apply for, accept and expend on behalf of the state radio communications system any appropriations, grants, matching funds , or moneys allotted to the state of South Dakota by the federal government pursuant to any act of Congress of the United States. The funds so received by the state of South Dakota shall be administered and expended under the supervision of the attorney general bureau to purchase the necessary apparatus and equipment for new construction and equipment improvements in the state radio communications system. Such funds shall be deposited in the state treasury to be paid out on warrants drawn by the state auditor on vouchers approved by the attorney general commissioner of the bureau .

     Section 12. That § 1-13-6 be amended to read as follows:

     1-13-6.   Each county within the state shall furnish to its sheriff and deputy sheriff a short wave length radio receiving set which shall be maintained at the expense of the county, and which shall be paid for and shall be the property of the county. All automobiles used by police officers of any municipality, whether publicly or privately owned, shall be equipped with short wave length radio receiving sets at the expense of such municipality. The attorney general shall have the authority to Bureau of Information and Telecommunications may sell to any county, municipality short wave length radio receiving sets purchased by his department as hereinbefore provided the bureau , without any profit to the state or to his department the bureau and the funds received from such sale shall be credited by the state treasurer to the department of the attorney general bureau .

     Section 13. That § 1-13-7 be amended to read as follows:

     1-13-7.   Every sheriff, deputy sheriff, police officer, or other person securing a short wave length radio receiving set under the provisions hereof of this chapter , shall make a report to the attorney general Bureau of Information and Telecommunications at such times and containing such information as said attorney general the bureau shall by regulation require require by rules promulgated pursuant to chapter 1-26 .

     Section 14. That § 1-13-8 be amended to read as follows:

     1-13-8.   It shall be the duty of the attorney general to The Bureau of Information and Telecommunications shall broadcast all police dispatches and reports submitted, which in his opinion shall have a reasonable relation to, or connection with, the apprehension of criminals, the prevention of crime, or the maintenance of peace and order in the state. He The bureau shall also broadcast any other statement or report upon request of any constitutional officer, or the head of any state department, providing such message relates to state business. "



     Sen. Paisley moved the previous question.

     Which motion prevailed.

     The question being on Sen. Hainje's motion that HB 1292 be further amended.


     Which motion prevailed and the bill was so amended.

     The question being "Shall HB 1292 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0

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

     Nays were:
Albers; Flowers; Hutmacher; Kloucek; Lange; Moore; Olson; Reedy; 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. Hainje moved that the title to HB 1292 be amended as follows:

     On page 1 , line 1 of the Senate State Affairs committee engrossed bill , delete everything after " to " and insert " integrate state telecommunications, to reconstitute and continue the 911 task force, to regulate the forming of new public safety answering points, and to provide for state contracting of certain emergency communication services. "

     On page 1 , delete lines 2 and 3 .

     Which motion prevailed and the title was so amended.

    Sen. Rounds moved that the Senate proceed to the next order of business on today's calendar.

    Which motion prevailed.
    

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Sen. Whiting moved that the report of the Conference Committee on SB 130 as found on page 736 of the Senate Journal be adopted.


     The question being on Sen. Whiting's motion that the report of the Conference Committee on SB 130 be adopted.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; 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; Symens; Valandra; Vitter; Whiting

     Nays were:
Kloucek

     Excused were:
Benson

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

     Sen. David Munson moved that the report of the Conference Committee on HB 1053 as found on page 745 of the Senate Journal be adopted.

     The question being on Sen. David Munson's motion that the report of the Conference Committee on HB 1053 be adopted.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; 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; Valandra; Vitter; Whiting

     Excused were:
Benson

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

     Sen. Everist moved that the report of the Conference Committee on HB 1207 as found on page 745 of the Senate Journal be adopted.



     The question being on Sen. Everist's motion that the report of the Conference Committee on HB 1207 be adopted.

     And the roll being called:

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

     Yeas were:
Albers; 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; Symens; Vitter; Whiting

     Nays were:
Kloucek; Valandra

     Excused were:
Benson

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

     Sen. Rounds moved that the report of the Conference Committee on HB 1258 as found on page 745 of the Senate Journal be adopted.

     The question being on Sen. Rounds' motion that the report of the Conference Committee on HB 1258 be adopted.

     And the roll being called:

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

     Yeas were:
Albers; 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; Symens; Valandra; Vitter; Whiting

     Nays were:
Kloucek; Staggers

     Excused were:
Benson

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



     Sen. Rounds moved that the Senate do now recess until 4:30 p.m., which motion prevailed and at 3:00 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 4:30 p.m., the President presiding.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 145, 217, 218, 219, and 221 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that SJR 4 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 145, 217, 218, 219, and 221 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Richard Brown, Fiegen, and Volesky 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 209.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1229 and 1282.



Also MADAM PRESIDENT:

    I have the honor to return herewith SB 101 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

     Sen. Olson moved that the Senate do now recess until 5:15 p.m., which motion prevailed and at 4:45 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 5:15 p.m., the President presiding.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Christine Hamilton of Brule County, Kimball, South Dakota, to the Game, Fish and Parks Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Christine Hamilton pursuant to the executive message as found on page 751 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting

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

MOTIONS AND RESOLUTIONS


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

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


     And the roll being called:

     Yeas 34, Nays 1, Excused 0, 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; Symens; Valandra; Vitter; Whiting

     Nays were:
Staggers

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

     Sen. Paisley moved that the Senate do concur in House amendments to SB 111.

     The question being on Sen. Paisley's motion that the Senate do concur in House amendments to SB 111.

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, 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; Symens; Valandra; Vitter; Whiting

     Nays were:
Kloucek; Moore

     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 151.

     The question being on Sen. Everist's motion that the Senate do concur in House amendments to SB 151.

     And the roll being called:


     Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting

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

     Sen. Flowers moved that the Senate do concur in House amendments to SB 194.

     The question being on Sen. Flowers' motion that the Senate do concur in House amendments to SB 194.

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, 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; Symens; Valandra; Whiting

     Nays were:
Staggers; Vitter

     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. Duxbury moved that the Senate do concur in House amendments to SB 205.

     The question being on Sen. Duxbury's motion that the Senate do concur in House amendments to SB 205.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting


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

     Sen. Halverson moved that the Senate do concur in House amendments to SB 211.

     The question being on Sen. Halverson's motion that the Senate do concur in House amendments to SB 211.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting

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

     Sen. Halverson moved that the Senate do concur in House amendments to SB 238.

     The question being on Sen. Halverson's motion that the Senate do concur in House amendments to SB 238.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting

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

     SCR 14   Introduced by:  Senators Drake, Albers, Benson, Bogue, Brosz, Brown (Arnold), Daugaard, Dennert, Dunn (Jim), Dunn (Rebecca), Duxbury, Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hutmacher, Kleven, Kloucek, Lange, Madden, Moore, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Symens, Valandra, Vitter, and Whiting and Representatives Duenwald, Apa, Broderick, Brooks, Brown (Jarvis), Brown (Richard), Burg, Cerny, Chicoine, Clark, Crisp, Cutler, Derby, Diedrich (Larry), Duniphan, Earley, Eccarius,

Engbrecht, Fiegen, Fischer-Clemens, Fryslie, Garnos, Hagen, Haley, Hanson, Hennies, Hunt, Jaspers, Juhnke, Kazmerzak, Klaudt, Koehn, Koetzle, Konold, Kooistra, Koskan, Lintz, Lucas, McCoy, McIntyre, McNenny, Michels, Monroe, Munson (Donald), Napoli, Patterson, Peterson, Pummel, Putnam, Richter, Roe, Sebert, Smidt, Solum, Sutton (Daniel), Sutton (Duane), Volesky, Waltman, Weber, Wetz, Windhorst, Wudel, and Young

A CONCURRENT RESOLUTION,  Declaring March 14, 1999, as James Stoick Day.

     WHEREAS,  James Stoick served as a member of the House of Representatives from 1975 to 1978; and

     WHEREAS,  Mr. Stoick served as a member of the State Senate from 1979 to 1992 and as co-chairman of the Appropriations Committee and the assistant majority leader from 1989 to 1992; and

     WHEREAS,  Mr. Stoick is remembered for his consistent politeness and courteousness during his days at the state capitol; and

     WHEREAS,  Mr. Stoick will also be remembered very affectionately for his culinary expertise and the variety of the cuisine that he prepared in his kitchen in room 409; and

     WHEREAS,  Mr. Stoick is a devoted father to his five children and very active in his community; and

     WHEREAS,  it is fitting that we honor a great South Dakotan who has dedicated his life to public service and the betterment of this great state and whose pride and commitment will not be forgotten:

     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, that the Seventy- fourth Legislature of the State of South Dakota recognizes the contributions made by James Stoick and declares March 14, 1999, James Stoick Day.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

     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.

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

     Sen. Flowers moved that HJR 1003 be laid on the table.


     The question being on Sen. Flowers' motion that HJR 1003 be laid on the table.

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Reedy; Symens; Valandra

     Nays were:
Benson; Bogue; Brosz; Everist; Frederick; Hainje; Halverson; Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Madden

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HJR 1003 was laid on the table.

     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.

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

o-1004h

     Sen. Frederick moved that HB 1004 be further amended as follows:

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

"      Section  1.  That § 4-7-35 be repealed.

     4-7-35.   The Governor, through the bureau of finance and management, shall implement a performance budgeting system that incorporates strategic planning and performance measurements for all programs of state government including the board of regents and elected officials' offices. The Governor may phase in the system over two years with all programs included in the FY 1997 Budget Report presented to the 1996 Legislature.

     Section  2.  That § 4-7-36 be repealed.

     4-7-36.   The commissioner of the bureau of finance and management may promulgate rules pursuant to chapter 1-26 to carry out the provisions of §   4-7-33.


     Section  3.  That § 4-7-37 be repealed.

     4-7-37.   The Legislature, through the executive board of the legislative research council, shall implement a performance budgeting system for all of its programs.

     Section  4.  That § 4-7-38 be repealed.

     4-7-38.   The unified judicial system shall implement a performance budgeting system for all of its programs. "


     Which motion prevailed and HB 1004 was so amended.

     The question being "Shall HB 1004 pass as amended?"

     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; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Kleven; Lange; Madden; Munson (David); Paisley; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Hutmacher; Kloucek; Lawler; Moore; Olson; Reedy; Staggers

     Excused were:
Flowers

     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. Frederick moved that the title to HB 1004 be amended as follows:

     On page 1 , line 1 of the Senate Transportation committee engrossed bill , delete everything after " to " and insert " repeal performance-based budgeting. "

     On page 1 , delete lines 2 and 3 .

     Which motion prevailed and the title was so amended.



SIGNING OF BILLS


     The President publicly read the title to

     SB 145: FOR AN ACT ENTITLED, An Act to  authorize the donation of annual leave by state employees in certain circumstances.

     SB 217: FOR AN ACT ENTITLED, An Act to  authorize certain expenditures out of the water and environment fund, the environment and natural resources fee fund, and the federal hardship grant program, and to declare an emergency.

     SB 218: FOR AN ACT ENTITLED, An Act to  make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

     SB 219: FOR AN ACT ENTITLED, An Act to  make appropriations for a donation to the World War II National Memorial and for commemorative memorials for persons awarded the Congressional Medal of Honor and to declare an emergency.

     SB 221: FOR AN ACT ENTITLED, An Act to  clarify and revise certain provisions relating to the exchange of school lands and to declare an emergency.

     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.

     HB 1106: FOR AN ACT ENTITLED, An Act to  repeal certain tax benefits available to railroads, to revise certain provisions regarding the right of eminent domain for railroads, and to revise the formula for assigning assessed railroad valuation to counties.

     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.

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

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

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

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

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



     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.

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

     And signed the same in the presence of the Senate.

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 9:00 a.m., Thursday, March 4, the 37th legislative day.

     Which motion prevailed.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 161 and 233 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 193 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 237 which has passed the House without change.

Respectfully,
KAREN GERDES, Chief Clerk


     Sen. Kleven moved that the Senate do now adjourn, which motion prevailed, and at 6:00 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary