Joint Journal 02/11/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 11, 1999

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

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Kathleen Vidoloff.

     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 twenty-second 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 Joy Freed, Piedmont, South Dakota Girls' State Governor, and Nathan Eilers, Watertown, South Dakota Boys' State Governor. They were escorted to the rostrum by Sens. Kleven and Brosz.

COMMUNICATIONS AND PETITIONS

February 2, 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 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Scott A. Abdallah, Minnehaha County, Sioux Falls, South Dakota, to the Board of Pardons and Paroles.

This appointment is effective immediately, and shall continue until January 20, 2003.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendations of the Governor as to corrections in style and form of SB 21 approved the recommendations and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor, at 2:17 p.m., February 11, 1999.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 191 and 233 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 211 and returns the same with the recommendation that said bill be amended as follows:

o-211

On page 1 , delete lines 13 to 17 of the printed bill , inclusive .

On page 2 , delete lines 1 to 5 , inclusive .

On page 5 , line 21 , after " a " insert " bona fide " .

On page 5 , line 23 , after " accommodations, " insert " and offers the employee the opportunity to work either full-time or part-time and pays wages equivalent to, or greater than, the workers' compensation benefit rate applicable to the employee at the time of the employee's injury " .

On page 5 , line 23 , after " sporadic. " insert " The department shall retain jurisdiction over disputes arising under this provision to ensure that any such position is suitable when compared to the employee's former job and that such employment is regularly and continuously available to the employee. "

On page 6 , line 7 , delete " that has essential functions the employee can perform with or without " and insert " which is not sporadic employment resulting in an insubstantial income as defined in subdivision 62-4-52(2). "

On page 6 , line 8 , delete everything before " An " .

On page 7 , delete lines 17 to 25 , inclusive .

On page 8 , delete lines 1 to 4 , inclusive .

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 139, 207, 241, and 248 which were tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 206 which was deferred to the 41st legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SCR 7 and 8 and returns the same with the recommendation that said resolutions be adopted.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1004 and returns the same with the recommendation that said resolution be concurred in.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 157 and 232 which were deferred to the 41st legislative day.

Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1042 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 HB 1056, 1087, and 1099 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 Commerce respectfully reports that it has had under consideration HB 1183 which was deferred to the 41st legislative day.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 243 and returns the same with the recommendation that said bill be amended as follows:

o-243

On page 2 , line 20 of the printed bill , delete " plate " and insert " decal " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 60 and returns the same with the recommendation that said bill be amended as follows:

o-60

On page 1 , line 9 of the printed bill , delete everything after " Administration " and insert " ; " .

On page 1 , line 10 , before " recreational " insert:

" (2) Highways providing service to a state or federal "

On page 1 , line 11 , delete " (2) " and insert " (3) " .

On page 1 , line 13 , delete " (3) " and insert " (4) " .

On page 1 , line 15 , delete " (4) " and insert " (5) " .

On page 1 , line 16 , delete " (5) " and insert " (6) " .

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

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 159 which was tabled.

Respectfully submitted,
David Munson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1160, 1176, 1177, 1189, 1262, 1297, and HJR 1007 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Yesterday, Sen. Hutmacher announced his intention to reconsider the vote by which SB 156 was passed.

No member moved to reconsider the vote by which SB 156 was passed.

Sen. Dennert moved that the Committee on State Affairs be instructed to deliver SB 135 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Sen. Lange moved that the Committee on State Affairs be instructed to deliver SB 117 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on SB 177 as found on page 417 of the Senate Journal; also

     Taxation on SB 205 as found on page 417 of the Senate Journal; also

     Local Government on HB 1070 as found on page 416 of the Senate Journal; also

     Judiciary on HB 1091 as found on page 415 of the Senate Journal; also

     Judiciary on HB 1094 as found on page 415 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1023: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

Was read the second time.

     The question being "Shall HB 1023 pass?"

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

HB 1071: FOR AN ACT ENTITLED, An Act to revise the residency requirement for magistrate judges.

Was read the second time.

The question being "Shall HB 1071 pass?"

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

HB 1092: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of a special administrator for probate.

Was read the second time.

     The question being "Shall HB 1092 pass?"

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

HB 1093: FOR AN ACT ENTITLED, An Act to exempt limited liability companies from the filing fee for the first annual report under certain circumstances.

Was read the second time.

The question being "Shall HB 1093 pass?"

And the roll being called:

HB 1108: FOR AN ACT ENTITLED, An Act to authorize public utilities or electric utilities to remove certain obstructions that may impair its operations.

Was read the second time.

     The question being "Shall HB 1108 pass as amended?"

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

HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the release of information about children in correctional or detention facilities.

Was read the second time.

The question being "Shall HB 1113 pass?"

And the roll being called:

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 161: FOR AN ACT ENTITLED, An Act to classify certain manufactured homes as real property for property tax purposes, to establish a procedure for bringing taxes current and issuing certain permits, and to establish certain penalties.

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

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

     And the roll being called:

     Yeas 11, Nays 23, Excused 1, Absent and Not Voting 0

     Yeas were:
Daugaard; Dunn (Rebecca); Flowers; Hutmacher; Lange; Lawler; Olson; Reedy; Rounds; Staggers; Valandra

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Dennert; Drake; Dunn (Jim); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Kleven; Kloucek; Madden; Moore; Munson (David); Paisley; Shoener; 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.

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

SB 74: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of optometry.

Was read the second time.

     The question being "Shall SB 74 pass?"

     And the roll being called:

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

     Yeas were:
Dennert; Drake; Duxbury; Flowers; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Reedy; Rounds; Shoener; Staggers; Symens; Valandra

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

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

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

SB 198: FOR AN ACT ENTITLED, An Act to limit the practice of psychotherapy to certain persons.

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

Sen. Olson moved that SB 198 be placed to follow SB 236 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 237: FOR AN ACT ENTITLED, An Act to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and to the Department of Education for child development and certain technology enhancement programs and to make an appropriation therefor.

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

The question being "Shall SB 237 pass?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent and Not Voting 0

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

Nays were:
Bogue; Frederick

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.

SB 184: FOR AN ACT ENTITLED, An Act to revise the procedure for applying the index factor to the amount of revenue payable from taxes on real property within a taxing district.

Was read the second time.

Sen. Lange moved the previous question.

Which motion prevailed.

     The question being "Shall SB 184 pass?"

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Frederick; Halverson; Rounds; Staggers; Valandra; Whiting

Nays were:
Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Shoener; Symens; Vitter

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

SB 235: FOR AN ACT ENTITLED, An Act to require the disclosure of information to prospective enrollees of managed care plans.

Was read the second time.

     The question being "Shall SB 235 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent and Not Voting 0

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

Nays were:
Drake; Staggers; Symens

Excused were:
Benson

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 236: FOR AN ACT ENTITLED, An Act to establish standards for network adequacy and quality of care in managed care plans and to require the registration of managed care entities.

Was read the second time.

     The question being "Shall SB 236 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent and Not Voting 0

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

Nays were:
Drake; Dunn (Rebecca); Flowers; Staggers; Symens

Excused were:
Duxbury

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.

SB 198: FOR AN ACT ENTITLED, An Act to limit the practice of psychotherapy to certain persons.

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

j-198c

Sen. Olson moved that SB 198 be further amended as follows:

On page 2 , line 3 of the Senate Health and Human Services committee engrossed bill , after " setting " insert " ;

(9) Any member of the clergy " .

Sen. Rounds moved that SB 198 and Sen. Olson's pending motion to amend be placed to follow HB 1158 on today's calendar.

Which motion prevailed and the bill was so placed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1160: FOR AN ACT ENTITLED, An Act to permit a municipality or county to issue a temporary special retail on-sale wine dealers' license for certain special events.

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

HB 1176: FOR AN ACT ENTITLED, An Act to require an applicant to pay the actual costs of postage and handling for mailing licence plates and stickers.

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

HB 1177: FOR AN ACT ENTITLED, An Act to authorize the Board of Examiners of Psychologists to dismiss certain complaints.

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

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

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

HB 1262: FOR AN ACT ENTITLED, An Act to provide a procedure to form a road district if there is three or less landowners.

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

HB 1297: FOR AN ACT ENTITLED, An Act to revise the circumstances under which it is not required to provide reasonable efforts to reunite parents with children adjudicated as abused and neglected.

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

HJR 1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article IX of the Constitution of the State of South Dakota, authorizing local initiatives to provide for the cooperation and organization of local government.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1012: FOR AN ACT ENTITLED, An Act to establish criteria for the use of utilization review by health carriers, utilization review organizations, and other contracted entities.

Was read the second time.

     The question being "Shall HB 1012 pass as amended?"

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

Nays were:
Drake; Staggers

Excused were:
Halverson

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

HB 1013: FOR AN ACT ENTITLED, An Act to establish certain requirements regarding coverage of emergency medical services.

Was read the second time.

     The question being "Shall HB 1013 pass as amended?"

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

Nays were:
Staggers

Excused were:
Hainje

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.

There being no objection, the Senate reverted to Order of Business No. 12.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 198: FOR AN ACT ENTITLED, An Act to limit the practice of psychotherapy to certain persons.

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

The question being on Sen. Olson's pending motion that SB 198 be amended as found on page 454 of the Senate Journal.

j-198d

Sen. Olson moved as a substitute motion that SB 198 be further amended as follows:

On page 1 , line 4 of the Senate Health and Human Services committee engrossed bill , delete " licensed as " and insert " the person is " .

On page 2 , line 3 , after " setting " insert " ;

(9) A member of the clergy " .

Which motion prevailed and the bill was so amended.

     The question now being "Shall SB 198 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent and Not Voting 0

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

Nays were:
Bogue; Drake; Staggers

Excused were:
Frederick; Hainje; Moore

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 HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

HB 1015: FOR AN ACT ENTITLED, An Act to revise certain election procedures for the formation of certain special districts and the election of directors, managers, or trustees.

Was read the second time.

Sen. Olson moved that HB 1015 be deferred until Tuesday, February 16, the 25th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1022: FOR AN ACT ENTITLED, An Act to provide for an extension of the period of imprisonment as a condition for probation or suspension of sentence.

Was read the second time.

     The question being "Shall HB 1022 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; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Frederick; Hainje

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

HB 1053: FOR AN ACT ENTITLED, An Act to revise the open container law.

Was read the second time.

Sen. David Munson moved that HB 1053 be deferred until Tuesday, February 16, the 25th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1079: FOR AN ACT ENTITLED, An Act to make an appropriation for the acquisition of Census 2000 redistricting data and to declare an emergency.

Was read the second time.

The question being "Shall HB 1079 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; Flowers; Frederick; 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:
Hainje

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 1084: FOR AN ACT ENTITLED, An Act to establish deadlines for action by school districts on certain reorganization petitions and plans and to declare an emergency.

Was read the second time.

     The question being "Shall HB 1084 pass as amended?"

     And the roll being called:

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

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

Nays were:
Albers; Dunn (Rebecca); Duxbury; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Symens

Excused were:
Flowers; Hainje

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

HB 1084 was up for immediate reconsideration pursuant to Joint Rule 5-13.1.

HB 1084: FOR AN ACT ENTITLED, An Act to establish deadlines for action by school districts on certain reorganization petitions and plans and to declare an emergency.

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

t-1084a

Sen. Everist moved that HB 1084 be amended as follows:

On page 2 , delete lines 6 to 8 of the Senate Education committee engrossed bill , inclusive .

Which motion prevailed and the bill was so amended.

     The question now being "Shall HB 1084 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 14, Excused 2, Absent and Not Voting 0

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

Nays were:
Albers; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Staggers; Symens

Excused were:
Hainje; 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. Olson moved that the title to HB 1084 be amended as follows:

On page 1 , line 2 of the Senate Education committee engrossed bill , delete " and to declare an emergency " .

Which motion prevailed and the title was so amended.

HB 1137: FOR AN ACT ENTITLED, An Act to revise the definition of outdoor recreation purpose for political subdivisions.

Was read the second time.

     The question being "Shall HB 1137 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent and Not Voting 0

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

Nays were:
Dunn (Rebecca); Frederick

Excused were:
Hainje; 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.

HB 1158: FOR AN ACT ENTITLED, An Act to allow counties to participate in a simulated election.

Was read the second time.

t-1158a

Sen. Vitter moved that HB 1158 be amended as follows:

On page 1 , line 6 of the printed bill , after " 12-18-3 " insert " , and all such activities shall be conducted in an objective, impartial, and nonpartisan manner that does not promote one candidate, party, or position over another. Any such activity shall afford any legally qualified candidate for any public office the opportunity to participate in the activity equal to the opportunity afforded to any other candidate for that office " .

Which motion prevailed and HB 1158 was so amended.

The question being "Shall HB 1158 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; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Hainje

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.

SIGNING OF BILLS

     The President publicly read the title to

     HB 1025: FOR AN ACT ENTITLED, An Act to revise confidentiality provisions regarding Department of Social Services record information concerning abuse or neglect resulting in the fatality or near fatality of a child.

     HB 1026: FOR AN ACT ENTITLED, An Act to require a permanency hearing to be held if the court has determined that reasonable efforts are not appropriate, to require that the court determine a compelling reason exists when long-term foster care is proposed as a permanent plan, and to clarify what circumstances constitute long-term foster care for children adjudicated as abused or neglected.

     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.

     HB 1090: FOR AN ACT ENTITLED, An Act to revise administrative procedures regarding the filing of a notice of appeal, an application for a stay pending appeal, and the time for serving briefs.

     HB 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to tampering with public water systems and to provide a penalty therefor.

     HB 1126: FOR AN ACT ENTITLED, An Act to standardize publication and hearing requirements for municipal and county planning and zoning procedures.

     HB 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to small claims proceedings.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 10 Introduced by: Senators Lange, Flowers, Hutmacher, Kloucek, Lawler, Moore, and Reedy and Representatives Chicoine, Hagen, Haley, Koetzle, and Lucas

A LEGISLATIVE COMMEMORATION, Recognizing Ms. Angela Lind as receiving a 1999 Prudential Spirit of Community Award.

WHEREAS, Angela Lind, an esteemed resident of Flandreau, South Dakota, and a senior at Flandreau Public High School has achieved national recognition for exemplary volunteer service by receiving the 1999 Prudential Spirit of Community Award; 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. Lind earned this award by giving generously of her time and energy to initiate a summer reading hour for young children at the local library. She searched for age appropriate books and developed activities and themes surrounding the stories and eventually taught the children signing in addition to the reading; and

WHEREAS, 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. Lind 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 Angela Lind be congratulated as a recipient of a Prudential Spirit of Community Award in recognition of her outstanding record of volunteer service.

SC 11 Introduced by: Senator Duxbury and Representatives Lockner and Burg

A LEGISLATIVE COMMEMORATION, Recognizing Allen Munger as a 1999 Prudential Spirit of Community Distinguished Finalist.

WHEREAS, Allen Munger, an esteemed resident of Mansfield, South Dakota, and an eighth grader at Warner Middle 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, Mr. Munger earned this award by giving generously of his time and energy to train dogs to assist epileptic patients at the Great Plains Assistance Dogs Association. Allen has

an aunt who suffers from violent epileptic attacks, and he felt he could help other epileptics by training an assistance dog; and

WHEREAS, 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 Mr. Munger 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 Allen Munger be congratulated as a recipient of a Prudential Spirit of Community Award in recognition of his outstanding record of volunteer service.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 12, the 24th legislative day.

Which motion prevailed.

Sen. Benson moved that the Senate do now adjourn, which motion prevailed, and at 5:00 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary