JOURNAL OF THE SENATE

SEVENTY-FOURTH  SESSION




SIXTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 19, 1999

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

     The prayer was offered by the Chaplain, Pastor Phil Lint, followed by the Pledge of Allegiance led by Senate page Cara Weiler.

     Roll Call: All members present except Sen. Paisley 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 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.
HONORED GUESTS


     The President   introduced this year's Tabor Czech Days' Royalty: Queen Jennifer Kortan, Tabor; Prince Nick Pavel, Scotland; and Princess Becky Koupal, Tabor, who were escorted to the rostrum by Sens. Kloucek and Moore.

     The President also introduced Outstanding School Board Member Terry Nelson, Black Hawk, who was escorted to the rostrum by Sen. Kleven.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has under consideration the nomination of Ray W. Christensen of Minnehaha County, Sioux Falls, South Dakota, as the Secretary of the Department of Education and Cultural Affairs and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has under consideration the nomination of Dean P. Sorenson of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


Respectfully Submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration SB 7 and returns the same with the recommendation that said bill do pass.



Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration SB 51 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
David Munson, Chair
Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration SB 47 and returns the same with the recommendation that said bill do pass.


Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration SB 46 which was deferred to the 41st legislative day.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 39 and returns the same with the recommendation that said bill do pass.


Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 36 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 Agriculture & Natural Resources respectfully reports that it has had under consideration SCR 2 and returns the same with the recommendation that said resolution be adopted.



Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SCR 1 and returns the same with the recommendation that said resolution be amended as follows:

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     On page 13 , line 30 of the Senate Journal , after " WHEREAS, " insert " of the approximately five billion people in the world, " .


     And that as so amended said resolution be adopted.

Respectfully submitted,
Jim Dunn, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1035 which has passed the House and your favorable consideration is respectfully requested.


Respectfully,
KAREN GERDES, Chief Clerk


CONSIDERATION OF REPORTS OF COMMITTEES



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

     Local Government on SB 32 as found on page 58 of the Senate Journal; also

     Local Government on SB 33 as found on page 58 of the Senate Journal; also

     Local Government on SB 34 as found on page 58 of the Senate Journal; also

     Local Government on SB 35 as found on page 59 of the Senate Journal; also

     Judiciary on SB 20 as found on page 59 of the Senate Journal; also

     Judiciary on SB 21 as found on page 60 of the Senate Journal; also

     Health and Human Services on SB 22 as found on page 61 of the Senate Journal; also

     Health and Human Services on SB 56 as found on page 61 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.



HONORED GUESTS


     The President introduced Teacher of the Year Kristine Malloy, Parkston. Sen. Kloucek escorted Ms. Malloy to the rostrum.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 71   Introduced by:  Senators Kleven, Albers, Benson, Bogue, Madden, Reedy, and Staggers and Representatives Pummel, Broderick, Hennies, McNenny, and Napoli

       FOR AN ACT ENTITLED, An Act to   require notice to landowners before entry on private lands for certain planning commission functions.

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

     SB 72   Introduced by:  Senators Lawler, Dennert, Dunn (Rebecca), Flowers, Lange, Madden, and Reedy and Representatives Cutler, Diedtrich (Elmer), and Waltman

       FOR AN ACT ENTITLED, An Act to   allow local governments to request a criminal record check of certain persons considered for employment and to allow local law enforcement officials to a conduct criminal record check under certain circumstances.

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

     SB 73   Introduced by:  Senators Olson, Benson, and Staggers and Representatives Brown (Jarvis) and Apa

       FOR AN ACT ENTITLED, An Act to   repeal certain countersignature requirements for insurance agents.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 57:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the definition of an accredited prevention or treatment facility for alcohol and drug abuse.

     Was read the second time.


     The question being “Shall SB 57 pass?”

     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; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

     Excused were:
Paisley; Whiting

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 17:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the notification of victims of crime.

     Was read the second time.

     The question being “Shall SB 17 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; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Paisley

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

     SB 14:   FOR AN ACT ENTITLED, An Act to   provide for a penalty for failure to obtain a license before operating an alcoholic beverage business.



     Was read the second time.

     The question being “Shall SB 14 pass?”

     And the roll being called:

     Yeas 33, Nays 1, 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; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Staggers

     Excused were:
Paisley

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

     SB 9:   FOR AN ACT ENTITLED, An Act to   revise certain remittance procedures for county registers of deeds and sheriffs.

     Was read the second time.

     The question being “Shall SB 9 pass?”

     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; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Paisley

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



     SB 52:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the costs and expenses incurred in the apprehension, transportation, evaluation, and commitment of out- of-state residents alleged to be mentally ill and in need of emergency intervention.

     Was read the second time.

     The question being “Shall SB 52 pass?”

     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; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Flowers; Kloucek

     Excused were:
Paisley

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

     SB 53:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the apprehension and transportation of a person believed to require emergency intervention.

     Was read the second time.

     The question being “Shall SB 53 pass?”

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

     Nays were:
Dunn (Rebecca); Hutmacher; Kloucek; Lawler; Olson


     Excused were:
Paisley

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

     SB 54:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the review of necessity of treatment for court-ordered administration of psychotropic medication.

     Was read the second time.

     The question being “Shall SB 54 pass?”

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Dennert; Drake; Dunn (Jim); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Madden; Moore; Munson (David); Rounds; Shoener; Valandra; Vitter

     Nays were:
Bogue; Daugaard; Dunn (Rebecca); Flowers; Hutmacher; Kleven; Kloucek; Lange; Lawler; Olson; Reedy; Staggers; Symens

     Excused were:
Paisley; Whiting

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

     SB 58:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding holiday compensation and vacation and sick leave of sheltered workshop employees of the Division of Service to the Blind and Visually Impaired.

     Was read the second time.

     The question being “Shall SB 58 pass?”

     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; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Paisley

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1035:   FOR AN ACT ENTITLED, An Act to   permit the State of South Dakota to waive performance and payment bonds for public improvements under certain circumstances.

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

     Sen. Moore moved that the Senate do now adjourn, which motion prevailed, and at 3:15 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary