Joint Journal 02/08/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 8, 1999

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

     The prayer was offered by the Chaplain, Pastor James Sumner, followed by the Pledge of Allegiance led by Senate page Eric Folsland.

     Roll Call: All members present except Sen. Symens 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 nineteenth 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.

The oath of office was administered by the President to the following named persons:

Pages: Jessica Aguilar, Julie Brandt, Garrett Bruening, Kathleen Coughlin, Eric Folsland, Jennifer Hoebelheinrich, Jessica Majeres, Paul Rasmussen, Chely Schaffer, Nicole Strand, and Kathleen Vidoloff;

Assistant Sergeant-at-Arms: Milo Smith.

Which were subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 5, 1999

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501-5070

Dear Lt. Governor Hillard and Members of the Senate:

I herewith return Senate Bill 21 with the following recommendations as to STYLE and FORM.

Senate Bill 21 is, An Act to specify the responsible party for inmate transportation to court ordered hearings.

Currently, Section 4 of the bill as delivered to my office reads as follows:

Section 4. In the event a county or the Department of Corrections fails to transport an inmate as required in this Act, the county or the department may be billed for the cost of the transport and are responsible for the payment thereof.

This sentence appears to allow a county to bill the Department and the Department to bill the county. I don't believe that is the Legislature's intent. To clarify the Legislature's intent, I ask that the following changes be made to the final enrolled bill. I would delete Section 4 and split it into two sections to read as follows. I believe this states the responsibility for the cost of transporting inmates more succinctly and accurately.

Section 5. That chapter 1-15 be amended by adding thereto a NEW SECTION to read as follows:

In the event a county fails to transport an inmate as required in this Act, the county may be billed for the cost of the transport and is responsible for the payment thereof.

Section 6. That chapter 1-15 be amended by adding thereto a NEW SECTION to read as follows:

In the event the Department of Corrections fails to transport an inmate as required in this Act, the department may be billed for the cost of the transport and is responsible for the payment thereof.

I respectfully request you concur with my recommendations as to style and form.

Respectfully submitted,
William J. Janklow
GOVERNOR

February 5, 1999

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 19, 20, and 30, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 76 which has 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 1004 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1096, 1116, 1130, 1136, 1193, 1225, 1255, 1256, and 1259 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Lawler moved that the Committee on Health and Human Services be instructed to deliver SB 74 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

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

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 209 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 149 and returns the same with the recommendation that said bill be amended as follows:

o-149

On page 1 , line 10 of the printed bill , delete " through local exchange services " .

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

j-186

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

" Section 1. Terms used in this Act mean:

(1) "Computer," any electronic device or group, network, or other combination of devices using silicon chips, embedded chips, or other electronic systems or processes to store, process, or manipulate information whether independently or in connection with other electronic devices or other machinery or any other device included under § 43-43B-2;

(2) "Computer software," any set of instructions, computations, or other data stored or recorded on an electronic or other medium that causes or allows a computer to perform specific functions, calculations, or other activities or any other device included under § 43-43B-2;

(3) "Year 2000 disruption," any malfunction or failure of a computer or computer software due to an inability or failure to properly perform operations, computations, or other functions or to properly store, display, transmit, or otherwise manipulate data as a result of an inability or failure to recognize or process dates using the year 2000 or any subsequent year;

(4) "Year 2000 compliance," consultation, assessment, testing, or contingency planning indicates that any computer or computer software will not suffer a material Year 2000 disruption; or installation of any new computer or computer software or any upgrade to any computer or computer software which is warranted, guaranteed, or otherwise marketed to be free of the potential of any Year 2000 disruption.

Section 2. In any lawsuit based on any Year 2000 disruption, evidence of Year 2000 compliance creates a rebuttable presumption that any injury based on a Year 2000 disruption was not caused by negligence of the defendant or that, in any action based on breach of contract resulting from a Year 2000 disruption, failure to perform under the contract was not the fault of the defendant.

Section 3. Nothing in this Act abrogates or limits rights under § 57A-2-318.

Section 4. No claim based on a Year 2000 disruption may be initiated after January 1, 2003. "

o-186a

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

" Section 1. Terms used in this Act mean:

(2) "Computer software," any set of instructions, computations, or other data stored or recorded on an electronic or other medium that causes or allows a computer to

perform specific functions, calculations, or other activities or any other device included under § 43-43B-2;

(4) "Year 2000 compliance," reasonable consultation, analysis, testing, or contingency planning in conformance with generally accepted computer or computer software standards that indicates that any computer or computer software will not suffer any Year 2000 disruption; or installation of any new computer or computer software or any upgrade to any computer or computer software which is warranted, guaranteed, or otherwise marketed to comply with generally accepted design standards to avoid Year 2000 disruption.

Section 3. Nothing in this Act abrogates or limits rights under § 57A-2-318. "

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 234 and 247 and HB 1010 and 1011 which were tabled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 130, 197, and 225 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 SB 131 and returns the same with the recommendation that said bill be amended as follows:

r-131

On page 1 , line 6 of the printed bill , remove the overstrikes from " ~~may~~ " .

On page 1 , line 7 , remove the overstrikes from " ~~not exceed~~ " .

On page 1 , line 7 , remove the overstrikes from " ~~dollars per day~~ " .

On page 1 , line 7 , after " ~~forty~~ " insert " fifty " .

On page 1 , line 7 , delete " shall be at a rate pursuant to § 24-11-8 " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 228 and returns the same with the recommendation that said bill be amended as follows:

r-228a

On page 1 , line 5 of the printed bill , overstrike " or in a juvenile detention facility " .

On page 1 , line 7 , overstrike " or juvenile detention facility " .

On page 1 , line 8 , overstrike " or juvenile detention " .

On page 1 , line 9 , overstrike " facility " .

On page 1 , line 9 , overstrike " or juvenile detention " .

On page 1 , line 10 , overstrike " facility " .

On page 1 , after line 10 , insert:

" Section 2. That chapter 22-18 be amended by adding thereto a NEW SECTION to read as follows:

Any juvenile confined in a juvenile detention facility who intentionally throws, smears, or otherwise causes blood, emesis, mucus, semen, excrement, or human waste to come in contact with a juvenile detention facility employee, or visitor, or volunteer authorized by the juvenile detention facility, or person under contract assigned to the juvenile detention facility is guilty of a Class 2 misdemeanor. "

r-228t

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

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Respectfully submitted,
Dennis Daugaard, Vice-Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1090 and 1181 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 200 and returns the same with the recommendation that said bill be amended as follows:

r-200b

On page 1 , line 5 of the printed bill , after " 22-42-4, " insert " or " .

On page 1 , line 6 , delete " or 22-42-6 " .

On page 1 , line 6 , after " § " insert " 22-42-6 or " .

R-200a

On page 1 , line 11 of the printed bill , overstrike " The sentence imposed for a conviction under this section carries a " .

On page 1 , line 12 , overstrike " minimum sentence of imprisonment in the state penitentiary of five years. "

On page 1 , overstrike lines 14 to 17 , inclusive .

On page 2 , overstrike lines 1 and 2 .

R-200t

On page 1 , line 2 of the printed bill , after " facilities " insert " and to repeal certain minimum sentencing provisions relating thereto " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 176 and returns the same with the recommendation that said bill be amended as follows:

r-176

On page 1 , line 5 of the printed bill , after " person " insert " , " .

On page 1 , line 5 , after " conservation officer " insert " , or any person on the person's own land or land leased by the person which is not located within a firearms big game hunting unit during an open season, " .

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 78 and HB 1180 which were tabled.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 173 which was deferred to the 41st legislative day.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1025 and 1026 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 198 and returns the same with the recommendation that said bill be amended as follows:

j-198a

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

" Section 1. No person may represent himself or herself as a psychotherapist, or engage in the practice of, or attempt to practice, psychotherapy unless licensed as one of the following:

(1) A physician who is licensed pursuant to chapter 36-4;

(2) A psychologist who is licensed pursuant to chapter 36-27A;

(3) A licensed psychiatric nurse with a master's degree from an accredited education program and has two years of supervised clinical experience in a mental health setting;

(4) A licensed social worker with a master's degree from an accredited training program and has two years of supervised clinical experience in a mental health setting;

(5) A counselor who is licensed pursuant to chapter 36-32 as a licensed professional counselor -- mental health;

(6) A marriage and family therapist who is licensed pursuant to chapter 36-33;

(7) A physician's assistant who is licensed pursuant to chapter 36-4A and has two years of supervised clinical experience in a mental health setting;

(8) A nurse practitioner who is licensed pursuant to chapter 36-9A and has two years of supervised clinical experience in a mental health setting.

A violation of this section is a Class 2 misdemeanor. "

j-198t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " limit the practice of psychotherapy to certain persons. "

And that as so amended said bill do pass.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 214 and HB 1112 and 1126 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 174 which was tabled.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 222 which was deferred to the 41st legislative day.

Respectfully submitted,
Arlene Ham, Chair

MOTIONS AND RESOLUTIONS

Friday, Sen. Symens announced his intention to reconsider the vote by which SB 99 was lost.

Sen. Halverson moved that the motion to reconsider the vote by which SB 99 was lost be deferred to Wednesday, February 10, the 22nd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on SB 84 as found on page 349 of the Senate Journal; also

     State Affairs on SB 145 as found on page 348 of the Senate Journal; also

     State Affairs on SB 151 as found on page 348 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 75: FOR AN ACT ENTITLED, An Act to establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

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

Sen. Daugaard moved that SB 75 be deferred until Wednesday, February 10, the 22nd legislative day.

Which motion prevailed and the bill was so deferred.

SB 103: FOR AN ACT ENTITLED, An Act to revise the election procedure for forming a municipality.

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

f-103b

Sen. Brosz moved that SB 103 be amended as follows:

On page 1 , line 5 of the printed bill , before " resident " insert " landowners and the " .

On page 1 , line 8 , after " each " insert " landowner and " .

On page 2 , line 1 , before " landowners " insert " qualified voters who are either registered voters in the proposed municipality or " .

On page 2 , line 12 , remove the overstrikes from " ~~qualified~~ " and insert " voters who are either registered voters in the proposed municipality or " .

On page 2 , line 18 , delete " chapter 6-16 " and insert " § § 6-16-3 to 6-16-5, inclusive " .

On page 2 , delete lines 24 and 25 .

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

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 103 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent and Not Voting 0

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

Nays were:
Dennert; Drake; Flowers; Kloucek; Moore; Olson; Reedy; Vitter

Excused were:
Symens

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 116: FOR AN ACT ENTITLED, An Act to provide for a refund of certain taxes attributed to the construction of a new or expanded school district facility.

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

     The question being "Shall SB 116 pass?"

     And the roll being called:

     Yeas 12, Nays 22, Excused 1, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Valandra

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

Excused were:
Symens

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

SB 153: FOR AN ACT ENTITLED, An Act to revise and establish certain provisions related to recommendations for the settlement of labor disputes.

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

r-153

Sen. Everist moved that SB 153 be amended as follows:

On page 1 , delete lines 10 to 15 of the printed bill , inclusive , and insert:

" recommendation for settlement of the controversy. Each party shall provide the department with a written summary of its rationale for its proposed settlement of the controversy. The department shall reference the summary in regard to the recommendation it makes for

settlement of the controversy. The department shall furnish a copy of its recommendation to each of the parties and ~~to any local newspaper for publication for~~ make the information of available to the public by means of the internet . "

On page 2 , line 4 , after " and " insert " its summary of " .

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 153 pass as amended?"

     And the roll being called:

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

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

Nays were:
Albers; Daugaard; Drake; Frederick; Halverson; Madden; Shoener

Excused were:
Symens

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.

Sen. Arnold Brown moved that SJR 4 be deferred until Friday, February 12, the 24th legislative day.

Which motion prevailed and the resolution was so deferred.

SB 87: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the annual property tax bill.

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

t-87

Sen. Halverson moved that SB 87 be further amended as follows:

On page 1 , line 10 of the Senate Local Government committee engrossed bill , delete " FREEZE " and insert " LIMITATION " .

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 87 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent and Not Voting 0

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

Nays were:
Dennert; Duxbury; Flowers; Kloucek; Lange; Madden; Moore; Valandra

Excused were:
Symens

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 102: FOR AN ACT ENTITLED, An Act to require a criminal history check for certain employees or potential employees of assisted living centers.

Was read the second time.

Sen. Brosz moved that SB 102 be deferred until Tuesday, February 9, the 21st legislative day.

Which motion prevailed and the bill was so deferred.

SB 120: FOR AN ACT ENTITLED, An Act to authorize REDI fund loans for certain value-added agricultural projects and activities.

Was read the second time.

     The question being "Shall SB 120 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Bogue; Daugaard; Dennert; Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Paisley; Reedy; Shoener; Staggers; Valandra

Nays were:
Benson; Brosz; Brown (Arnold); Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Madden; Munson (David); Rounds; Vitter; Whiting

Excused were:
Symens

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 156: FOR AN ACT ENTITLED, An Act to restrict the placement of automated teller machines in the proximity of video lottery terminals.

Was read the second time.

r-156

Sen. Hainje moved that SB 156 be further amended as follows:

On page 2 , line 2 of the Senate State Affairs committee engrossed bill , after " lounge " insert " , unless the bar or lounge is located in a gaming establishment licensed pursuant to chapter 42-7B " .

Which motion prevailed and the bill was so amended.

b-156

Sen. Paisley moved that SB 156 be further amended as follows:

On page 2 , line 2 of the Senate State Affairs committee engrossed bill , after " lounge " insert " , and no licensed video lottery establishment may provide a cash advance on any credit card for any person who is in the establishment to play a video lottery machine " .

Sen. Hutmacher moved that SB 156 and Sen. Paisley's pending motion to amend be referred to the Committee on State Affairs.

Which motion lost.

Sen. Rounds moved the previous question.

Which motion prevailed.

The question being on Sen. Paisley's motion that SB 156 be further amended.

Which motion lost.

     Sen. Hutmacher moved that SB 156 be laid on the table.

     The question being on Sen. Hutmacher's motion that SB 156 be laid on the table.

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Dennert; Dunn (Jim); Flowers; Halverson; Hutmacher; Madden; Moore; Olson; Reedy; Shoener; Staggers; Whiting

Nays were:
Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Rebecca); Duxbury; Everist; Frederick; Hainje; Ham; Kleven; Kloucek; Lange; Lawler; Munson (David); Paisley; Rounds; Valandra; Vitter

Excused were:
Symens

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

     The question now being "Shall SB 156 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 16, Excused 2, Absent and Not Voting 0

     Yeas were:
Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Rebecca); Duxbury; Everist; Frederick; Hainje; Ham; Kloucek; Lange; Lawler; Munson (David); Paisley; Valandra

Nays were:
Albers; Benson; Dennert; Dunn (Jim); Flowers; Halverson; Hutmacher; Kleven; Madden; Moore; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

Excused were:
Olson; Symens

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

Sen. Hainje announced his intention to reconsider the vote by which SB 156 was lost.

There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Whiting moved that SB 166 be referred from the Committee on Judiciary to the Committee on Health and Human Services.

Which motion prevailed and the bill was so referred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 171: FOR AN ACT ENTITLED, An Act to require the suspension of driving privileges in connection with certain acts of vandalism.

Was read the second time.

     The question being "Shall SB 171 pass?"

     And the roll being called:

     Yeas 21, Nays 12, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Daugaard; Dennert; Dunn (Rebecca); Duxbury; Hainje; Ham; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter

Nays were:
Bogue; Brosz; Brown (Arnold); Drake; Dunn (Jim); Everist; Flowers; Frederick; Halverson; Moore; Valandra; Whiting

Excused were:
Hutmacher; Symens

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 188: FOR AN ACT ENTITLED, An Act to limit the application of capital punishment.

Was read the second time.

f-188

Sen. Lange moved that SB 188 be further amended as follows:

On page 1 , line 7 of the Senate Judiciary committee engrossed bill , delete " sixteen " and insert " eighteen " .

     Sen. Halverson moved that SB 188 and Sen. Lange's pending motion to further amend SB 188 be laid on the table.

     The question being on Sen. Halverson's motion that SB 188 and Sen. Lange's pending motion to further amend SB 188 be laid on the table.

     And the roll being called:

     Yeas 17, Nays 16, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Frederick; Hainje; Halverson; Ham; Madden; Munson (David); Olson; Shoener; Vitter; Whiting

Nays were:
Brosz; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Paisley; Reedy; Rounds; Staggers

Excused were:
Symens; Valandra

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

The question now being on Sen. Lange's motion that SB 188 be further amended.

Sen. Lange requested a roll call vote.

     Which request was supported.

     And the roll being called:

     Yeas 12, Nays 22, Excused 1, Absent and Not Voting 0

     Yeas were:
Dennert; Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Paisley; Reedy; Staggers; Valandra

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

Excused were:
Symens

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

o-188

Sen. Whiting moved that SB 188 be further amended as follows:

On page 1 , line 9 of the Senate Judiciary committee engrossed bill , after " was " insert " profoundly or severely " .

On page 1 , line 9 , delete " within the meaning of § 27B-1-1 " .

On page 1 , line 10 , delete " when " .

Sen. Kloucek requested that Joint Rule 5-17 be invoked on SB 188.

Which request was supported and SB 188 with Sen. Whiting's pending motion to further amend was deferred until Wednesday, February 10, the 22nd legislative day.

SB 193: FOR AN ACT ENTITLED, An Act to revise the school term.

Was read the second time.

The question being "Shall SB 193 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; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Nays were:
Kloucek

Excused were:
Symens

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

Was read the second time.

o-221

Sen. Rounds moved that SB 221 be amended as follows:

On page 1 , after line 15 of the printed bill , insert:

" Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

Which motion prevailed and the bill was so amended.

The question being "Shall SB 221 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; Valandra; Vitter; Whiting

Excused were:
Symens

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

The question being on the title.

Sen. Rounds moved that the title to SB 221 be amended as follows:

On page 1 , line 2 of the printed bill , after " lands " insert " and to declare an emergency " .

Which motion prevailed and the title was so amended.

SB 240: FOR AN ACT ENTITLED, An Act to provide certain financial and academic benefits to teachers who have obtained national certification.

Was read the second time.

Sen. Halverson moved that SB 240 be referred to the Committee on Appropriations.

Sen. Hutmacher requested a ruling from the chair regarding the vote required for SB 240.

The President ruled that SB 240 required a vote of a majority of the members-elect.

Sen. Rounds appealed the ruling of the chair.

The question being "Shall the decision of the President stand as the judgment of the Senate?"

The decision of the President was sustained.

The question now being "Shall SB 240 be referred to the Committee on Appropriations?"

Sen. Olson requested a roll call vote.

Which request was supported.

     And the roll being called:

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

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

Nays were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Paisley; Reedy; Valandra

Excused were:
Symens

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and SB 240 was referred to the Committee on Appropriations.

SB 172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclosure of damage on motor vehicles.

Was read the second time.

Sen. Vitter moved that SB 172 be deferred until Wednesday, February 10, the 22nd legislative day.

Which motion prevailed and the bill was so deferred.

SB 194: FOR AN ACT ENTITLED, An Act to provide certain restrictions for dealership contracts for agricultural construction equipment.

Was read the second time.

r-194

Sen. Flowers moved that SB 194 be amended as follows:

On page 2 , line 11 of the printed bill , after " any " insert " national " .

Sen. Frederick requested that Joint Rule 5-17 be invoked on SB 194.

Which request was supported and SB 194 with Sen. Flowers' pending motion to further amend SB 194 was deferred until Wednesday, February 10, the 22nd legislative day

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HJR 1004 : A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax.

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

HB 1096: FOR AN ACT ENTITLED, An Act to make the appointment of the county planning commission permissive.

Was read the first time and referred to the Committee on Local Government.

HB 1116: FOR AN ACT ENTITLED, An Act to establish certain civil penalties for overweight vehicle violations.

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

HB 1130: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the involuntary commitment of certain mentally ill persons.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1136: FOR AN ACT ENTITLED, An Act to revise who may be informed of a decedent's intention to make an anatomical gift.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1193: FOR AN ACT ENTITLED, An Act to revise the definition of a temporary supplemental lot.

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

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

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

HB 1255: FOR AN ACT ENTITLED, An Act to revise certain provisions to require the offer of alcohol coverage under certain insurance policies.

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

HB 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions to limit the cancellation of certain insurance policies.

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

HB 1259: FOR AN ACT ENTITLED, An Act to prohibit the keeping of a place where marijuana is used or distributed.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1040: FOR AN ACT ENTITLED, An Act to repeal certain restrictions regarding the hunting of black bears, mountain lions, and wolves and to establish civil damages for the unlawful taking of mountain lions.

Was read the second time.

Sen. Rounds moved that HB 1040 be placed to follow HB 1052 on today's calendar.

Which motion prevailed.

HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding accident record fees.

Was read the second time.

The question being "Shall HB 1052 pass as amended?"

And the roll being called:

Yeas 29, Nays 4, Excused 2, Absent and Not Voting 0

Yeas were:
Benson; 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; Reedy; Rounds; Shoener; Valandra; Vitter; Whiting

Nays were:
Albers; Bogue; Kloucek; Staggers

Excused were:
Paisley; Symens

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.

     The question being "Shall HB 1040 pass as amended?"

     And the roll being called:

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

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

Nays were:
Benson; Bogue; Dunn (Rebecca); Hainje; Kloucek; Staggers

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

Was read the second time.

j-1058b

Sen. Daugaard moved that HB 1058 be further amended as follows:

On page 2 , line 23 of the House Commerce committee engrossed bill , after " all " insert " active " .

On page 2 , line 25 , after " other " insert " active " .

On page 17 , line 10 , delete " shall " and insert " may " .

On page 17 , line 11 , after " state " insert " and who wish to actively use their designation " .

On page 17 , line 12 , delete " must " and insert " may " .

Which motion prevailed and the bill was so amended.

     The question being "Shall HB 1058 pass as amended?"

     And the roll being called:

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

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

Nays were:
Bogue; Drake; Kloucek; Staggers

Excused were:
Symens

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 1088: FOR AN ACT ENTITLED, An Act to revise the requirements to determine if a building shall be connected to a public water system or public wastewater collection system.

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

f-1088a

Sen. Kleven moved that HB 1088 be amended as follows:

On page 1 , line 10 of the printed bill , after " boundaries " insert " pursuant to chapter 9-4 " .

On page 2 , line 3 , after " boundaries " insert " pursuant to chapter 9-4 " .

Which motion prevailed and HB 1088 was so amended.

Sen. Kloucek moved that HB 1088 be deferred until Tuesday, February 9, the 21st legislative day.

Which motion lost.

Sen. Kloucek moved that HB 1088 be further amended as follows:

On page 1, line 8 of the printed bill, delete "or governmental".

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

Which motion lost.

     The question now being "Shall HB 1088 pass as amended?"

     And the roll being called:

     Yeas 9, Nays 25, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Duxbury; Ham; Kleven; Lange; Munson (David); Shoener; Valandra; Vitter

Nays were:
Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Hutmacher; Kloucek; Lawler; Madden; Moore; Olson; Paisley; Reedy; Rounds; Staggers; Whiting

Excused were:
Symens

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

Sen. Kleven announced her intention to reconsider the vote by which HB 1088 was lost.

SIGNING OF BILLS

     The President publicly read the title to

     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.

     HB 1036: FOR AN ACT ENTITLED, An Act to permit the State of South Dakota to waive bid security on bids for public improvements under certain circumstances.

     HB 1081: FOR AN ACT ENTITLED, An Act to permit certain municipal officials to serve in volunteer, unsalaried municipal positions.

     HB 1085: FOR AN ACT ENTITLED, An Act to allow certain persons on a county board of mental illness to serve more than two terms if appointed in the middle of a term.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 9 Introduced by: Senator Flowers and Representative Haley

A LEGISLATIVE COMMEMORATION, Recognizing Abby Schelske as 1999 Prudential Spirit of Community Distinguished Finalist.

WHEREAS, Abby Schelske, an esteemed resident of Virgil, South Dakota, and a senior at Wessington Springs High School, has achieved national recognition for exemplary volunteer service by receiving a 1999 Prudential Distinguished Finalist Medallion; and

WHEREAS, this prestigious award, presented by The Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Ms. Schelske earned this award by giving generously of her time and energy to organize a county-wide health fair, soliciting interested health organizations, handling promotion, and arranging for free health screenings. The success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Ms. Schelske who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that Abby Schelske be congratulated as a recipient of a Prudential Spirit of Community Award in recognition of her outstanding record of volunteer service.

Sen. Shoener moved that the Senate do now adjourn, which motion prevailed, and at 5:50 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary