JOURNAL OF THE SENATE

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THIRTY-SECOND DAY

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STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 25, 1999

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

     The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by Senate page Jacob Barclay.

     Roll Call: All members present except Sens. Lange, Symens, and Valandra who were excused.

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-first 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.

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     Sen. Halverson moved that the consideration of executive appointments on today's calendar be considered on one vote, as on a consent calendar.

     Which motion prevailed.

     The Senate proceeded to the consideration of the executive reappointment of Harvey C. Jewett of Brown County, Aberdeen, South Dakota, to the State Board of Regents.

    The question being "Does the Senate advise and consent to the executive reappointment of Harvey C. Jewett pursuant to the executive message as found on page 637 of the Senate Journal?"

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, 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; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Bogue; Frederick; Kloucek; Lange; Lawler; Symens; Valandra

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

     The Senate proceeded to the consideration of the executive appointment of Sandra J. Zinter of Hughes County, Pierre, South Dakota, as Commissioner of the Bureau of Personnel.

    The question being "Does the Senate advise and consent to the executive appointment of Sandra J. Zinter pursuant to the executive message as found on page 637 of the Senate Journal?"

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, 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; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

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     Excused were:
Bogue; Frederick; Kloucek; Lange; Lawler; Symens; Valandra

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

     The Senate proceeded to the consideration of the executive appointment of Darrell D. Cruea of Hughes County, Pierre, South Dakota, as Secretary of the Department of Agriculture.

    The question being "Does the Senate advise and consent to the executive appointment of Darrell D. Cruea pursuant to the executive message as found on page 611 of the Senate Journal?"

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, 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; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Bogue; Frederick; Kloucek; Lange; Lawler; Symens; Valandra

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

     The Senate proceeded to the consideration of the executive appointment of John L. Cooper of Hughes County, Pierre, South Dakota, as Secretary of the Department of Game, Fish and Parks.

    The question being "Does the Senate advise and consent to the executive appointment of John L. Cooper pursuant to the executive message as found on page 610 of the Senate Journal?"

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, 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; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Bogue; Frederick; Kloucek; Lange; Lawler; Symens; Valandra

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

     The Senate proceeded to the consideration of the executive appointment of Ray W. Christensen of Hughes County, Pierre, South Dakota, as Secretary of the Department of Education and Cultural Affairs.

    The question being "Does the Senate advise and consent to the executive appointment of Ray W. Christensen pursuant to the executive message as found on page 638 of the Senate Journal?"

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, 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; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Bogue; Frederick; Kloucek; Lange; Lawler; Symens; Valandra

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

     The Senate proceeded to the consideration of the executive appointment of Patricia VanGerpen of Hughes County, Pierre, South Dakota, as Secretary of the Department of Tourism.

    The question being "Does the Senate advise and consent to the executive appointment of Patricia VanGerpen pursuant to the executive message as found on page 636 of the Senate Journal?"

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, 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; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Bogue; Frederick; Kloucek; Lange; Lawler; Symens; Valandra

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

     The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 32 as found on page 650 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of SB 32 be approved?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Lange; Symens; Valandra

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

    There being no objection, the Senate proceeded to Order of Business No. 15.

ANNOUNCEMENTS

     The President announced the following change in the conference committee assigned on HB 1116. The new Senate committee is Sens. Drake, Madden, and Flowers.

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MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 5, 13, 14, 27, 39, 53, 75, 87, 91, 97, 109, 115, 179, 190, 204, 235, 236, 239, and 246 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1163 and 1287 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1082 which was tabled.

Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1283 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 1302 and returns the same with the recommendation that said bill be amended as follows:

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     On page 1 , line 6 of the House engrossed bill , delete " or local telephone number " .

     On page 1 , delete line 7 , and insert " located or that falsely states that the business is located in the same " .

     On page 1 , line 11 , delete everything after " . "

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     On page 1 , delete lines 12 and 13 .

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

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration HB 1210 and 1211 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 Education respectfully reports that it has had under consideration HB 1229 and returns the same with the recommendation that said bill be amended as follows:

c-1229a

     On page 2 , line 23 of the House Education committee engrossed bill , delete " shall " and insert " may " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration HB 1270 which was deferred to the 41st legislative day.

Respectfully submitted,

Don Brosz, Vice-Chair

Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1004 and returns the same with the recommendation that said bill be amended as follows:

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o-1004g

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

"      Section 1. That § 10-47B-4 be amended to read as follows:

     10-47B-4.   The fuel excise tax rates for the tax imposed by this chapter are as follows:

             (1)      Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline) - $.18 $.22 per gallon;

             (2)      Special fuel (except jet fuel) - $.18 $.22 per gallon;

             (3)      Ethanol blends - $.16 $.20 per gallon;

             (4)      Aviation gasoline -$.06 per gallon;

             (5)      Jet fuel -$.04 per gallon;

             (6)      E85 and M85 - $.06 $.10 per gallon;

             (7)      E85 and M85 used in aircraft -$.04 per gallon;

             (8)      Liquid petroleum gas - $.16 $.20 per gallon;

             (9)      Compressed natural gas - $.06 $.10 per gallon.

     Section 2. That § 32-5-6 be amended to read as follows:

     32-5-6.   License fees and compensation on a noncommercial motor vehicle which is an automobile, pickup truck, or van as provided by §  32-5-5, shall be determined by the manufacturer's shipping weight, including accessories, as follows:

             (1)      Two thousand pounds or less, inclusive, twenty thirty-two dollars;

             (2)      From 2,001 to 4,000 pounds, inclusive, thirty forty-two dollars;

             (3)      From 4,001 to 6,000 pounds, inclusive, forty fifty-two dollars . ;

             (4)      to (11) Repealed by SL 1992, ch 26, §   7 From 6,001 to 8,000 pounds, inclusive, sixty-two dollars;

             (5)    From 8,001 to 10,000 pounds, inclusive, seventy-two dollars .

     Section 3. That § 32-5-6.1 be amended to read as follows:

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     32-5-6.1.   License fees and compensation on recreational motor buses as defined by this section shall be determined pursuant to §  32-5-6.3. However, the maximum license fee and compensation for a recreational motor bus shall be one hundred and twelve dollars. For the purposes of this section the term, recreational motor bus, means a motor bus which has been converted for recreational purposes subsequent to the initial retail sale.

     Section 4. That § 32-5-6.3 be amended to read as follows:

     32-5-6.3.   License fees on a noncommercial motor vehicle which is not an automobile, pickup truck, or van as provided by licensed pursuant to §  32-5-6 shall be determined by the gross weight of the motor vehicle as defined by subdivision 32-9-1(6), and based on the following:

             (1)      Eight thousand pounds or less, inclusive, forty-eight sixty dollars;

             (2)      For each additional 2,000 pounds or major fraction thereof from 8,001 to 32,000 pounds, inclusive, three dollars;

             (3)      For each additional 2,000 pounds or major fraction thereof from 32,001 to 54,000 pounds, inclusive, six dollars;

             (4)      For each additional 2,000 pounds or major fraction thereof from 54,001 to 80,000 pounds, inclusive, eighteen dollars;

             (5)      For each additional 2,000 pounds or major fraction thereof in excess of 80,000 pounds, twenty-four dollars.

     It is a Class 2 misdemeanor for a person to operate a motor vehicle licensed pursuant to this section at a gross weight in excess of the gross weight for which it has been licensed.

     Section 5. That § 32-5-8 be amended to read as follows:

     32-5-8.   License fees and compensation for any recreational vehicle as defined in §  32-3-1 or for any noncommercial trailer and semitrailer, for use of the highways payable under §  32-5-5 and pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to §  32-5-6, shall be determined upon the basis of their actual weight as follows:

             (1)      One thousand pounds or less, inclusive, five seven dollars;

             (2)      From 1,001 to 2,000 pounds, inclusive, fifteen seventeen dollars;

             (3)      From 2,001 to 3,000 pounds, inclusive, twenty-five twenty-seven dollars;

             (4)      From 3,001 to 4,000 pounds, inclusive, thirty-five thirty-seven dollars;

             (5)      From 4,001 to 5,000 pounds, inclusive, forty-five forty-seven dollars;

             (6)      From 5,001 to 6,000 pounds, inclusive, fifty-five fifty-seven dollars;

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             (7)      From 6,001 to 7,000 pounds, inclusive, sixty-five sixty-seven dollars;

             (8)      From 7,001 to 8,000 pounds, inclusive, seventy-five seventy-seven dollars;

             (9)      From 8,001 to 9,000 pounds, inclusive, eighty-five eighty-seven dollars;

             (10)      From 9,001 to 10,000 pounds, inclusive, ninety-five ninety-seven dollars;

             (11)      For each additional 1,000 pounds or major fraction thereof, in excess of 10,000 pounds, ten dollars.

     Any trailer or semitrailer licensed pursuant to this section may be pulled by a noncommercial motor vehicle licensed pursuant to §  32-5-8.1 or a commercially licensed motor vehicle if the motor vehicle is registered at a gross weight to cover the weight of the trailer and its load.

     Section 6. That § 32-5-8.1 be amended to read as follows:

     32-5-8.1.   Each trailer or semitrailer pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to §  32-5-6.3 shall have an identification plate displayed in a conspicuous manner. The fee for the identification plate is ten dollars. The identification plate is valid for the useful life of the trailer or semitrailer. However, if the title to the trailer or semitrailer is transferred, the new owner shall within thirty days of the date of transfer make application to the department for a new identification plate. All revenue raised by the fees shall be placed in the license plate special revenue fund. However, no identification plate may be displayed on a recreational vehicle as defined in §  32-3-1. Such a recreational vehicle shall be licensed pursuant to §  32-5-8.

     Section 7. That § 32-5-9 be amended to read as follows:

     32-5-9.   License fees and compensation for use of the highways payable under §  32-5-5 shall be: seven nine dollars and fifty cents for motorcycles with a piston displacement of less than three hundred fifty cubic centimeters and ten twelve dollars for motorcycles with a piston displacement of three hundred fifty cubic centimeters or more.

     Section 8. That § 32-6B-21 be amended to read as follows:

     32-6B-21.   The department shall issue metal numerical license plates to licensed dealers upon application and payment of a thirty forty-two dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in § §  32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number " 77 " . The plates may be issued for a multiple year period. If a dealer's license is revoked or canceled or the dealer goes out of business the " 77 " plates shall be returned to the department. If any person operates a motor vehicle with " 77 " plates after the dealer license is revoked or canceled or after the dealer goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor.

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     Section 9. That § 32-10-35 be amended to read as follows:

     32-10-35.   Fees collected by the secretary of revenue and not otherwise provided for shall be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary of revenue pursuant to §  32-5B-1 shall be deposited in the state highway fund. Fees collected under chapter 32-10 by the secretary of revenue pursuant to chapter 32-9 shall be distributed with fifty-four fifty-seven percent to the state highway local government highway and bridge fund, forty-one and one-half percent to counties, two one-half percent to the state motor vehicle fund, and two and one-half one percent to the state license plate special revenue fund. The counties' portion shall be distributed among the counties, pro rata, twenty-five percent according to truck registrations, twenty-five percent according to population, and fifty percent according to total road mileage. Each county shall distribute fifty-four percent of its portion to the county general fund, thirty-four percent of its portion to the special highway fund as provided by §  32-11-4.1, and twelve percent of its portion to the municipalities of the county pursuant to §  32-11-4.1.

     Section 10. There is hereby appropriated each fiscal year from the state highway fund the sum of one million thirty-three thousand two hundred sixty-nine dollars and ten cents to the Department of Revenue for distribution to the counties. The moneys shall be distributed to the counties in the same amounts as funds were distributed to the counties by the Department of Game, Fish and Parks for license fees in calendar year 1997, pursuant to §  41-6-70. The moneys shall be deposited in the special highway fund of each county. The secretary of revenue shall distribute the money prior to December thirty-first of each year.

     Section 11. Whereas, section 1 of this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and section 1 of this Act shall be in full force and effect from and after April 1, 1999. "

     And that as so amended said bill do pass.

Respectfully submitted,
David Munson, Chair

MADAM PRESIDENT:

    I have the honor to return herewith SCR 7 in which the House has concurred.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1011 which has been adopted by the House and your concurrence is respectfully requested.

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Also MADAM PRESIDENT:

    I have the honor to return herewith SB 5, 13, 14, 27, 39, 75, 87, 91, 97, 109, 115, 179, 190, 204, 235, 236, 239, and 246 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to return herewith SCR 8 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 49, 65, 128, and 171 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

     HCR 1011:   A CONCURRENT RESOLUTION,   Recognizing and endorsing the efforts of the Good Bears of the World organization and their efforts on behalf of Children's Day.

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

     Sen. Kleven moved that the Senate do concur in House amendments to SB 71.

     The question being on Sen. Kleven's motion that the Senate do concur in House amendments to SB 71.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, 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; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Whiting

     Excused were:
Lange; Paisley; Symens; Valandra; Vitter

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

     Sen. Brosz moved that the Senate do concur in House amendments to SB 103.

     The question being on Sen. Brosz's motion that the Senate do concur in House amendments to SB 103.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Lange; Symens; Valandra

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

     Sen. Lawler moved that the Senate do concur in House amendments to SB 126.

     The question being on Sen. Lawler's motion that the Senate do concur in House amendments to SB 126.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Lange; Rounds; Symens; Valandra

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

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     Sen. Whiting moved that the Senate do not concur in House amendments to SB 130 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Whiting, Albers, and Moore.

     Sen. Whiting moved that the Senate do concur in House amendments to SB 176.

     The question being on Sen. Whiting's motion that the Senate do concur in House amendments to SB 176.

     And the roll being called:

     Yeas 23, Nays 8, Excused 4, Absent and Not Voting 0

     Yeas were:
Albers; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Hainje; Ham; Hutmacher; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

     Nays were:
Benson; Bogue; Drake; Flowers; Frederick; Kleven; Kloucek; Madden

     Excused were:
Halverson; Lange; Symens; Valandra

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

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

     Judiciary on HB 1282 as found on page 652 of the Senate Journal; also

     State Affairs on HB 1106 as found on page 659 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Sen. Staggers requested that HB 1038 be removed from the Consent Calendar.

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     HB 1299:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the practices of physician assistants, certified registered nurse anesthetists, nurse practitioners, and nurse midwives.

     Was read the second time.

     The question being "Shall HB 1299 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Halverson; Lange; Symens; Valandra

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

     HB 1151:   FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

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

     Sen. Rounds moved that HB 1151 be placed to follow HB 1301 on today's calendar.

     Which motion prevailed.

     HB 1221:   FOR AN ACT ENTITLED, An Act to   require that certain persons having contact with pupils in school have a certification of health.

     Was read the second time.

j-1221a

     Sen. Moore moved that HB 1221 be amended as follows:

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     On page 1 of the printed bill , delete lines 6 and 7 , and insert " require each employee, each student teacher, and each person providing services for pupils under contract, who is in regular contact with pupils, to submit, within ten days after first being " .

     On page 1 , line 8 , after " physician " insert " , nurse practitioner, certified nurse midwife, or physician's assistant " .

     Which motion prevailed and HB 1221 was so amended.

     The question being "Shall HB 1221 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Staggers

     Excused were:
Kloucek; Lange; Symens; Valandra

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

     HB 1075:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions related to public school open enrollment procedures and tuition.

     Was read the second time.

     The question being "Shall HB 1075 pass as amended?"

     And the roll being called:

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

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

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     Nays were:
Albers; Kleven

     Excused were:
Everist; Frederick; Halverson; Lange; Symens; Valandra

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

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

     Was read the second time.

     The question being "Shall HB 1138 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 1, Excused 6, Absent and Not Voting 0

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

     Nays were:
Paisley

     Excused were:
Everist; Frederick; Halverson; Lange; Symens; Valandra

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

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

     Was read the second time.

     Sen. Bogue moved that HB 1164 be deferred until Friday, February 26, the 33rd legislative day.

     Which motion prevailed and the bill was so deferred.

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     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 second time.

     The question being "Shall HB 1189 pass?"

     And the roll being called:

     Yeas 23, Nays 7, Excused 5, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Madden; Moore; Munson (David); Paisley; Reedy; Rounds; Staggers; Vitter

     Nays were:
Brosz; Drake; Duxbury; Lawler; Olson; Shoener; Whiting

     Excused were:
Everist; Kloucek; Lange; Symens; Valandra

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

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

     Was read the second time.

     The question being "Shall HB 1198 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Everist

     Excused were:
Kloucek; Lange; Symens; Valandra

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

     Was read the second time.

     The question being "Shall HB 1296 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Dunn (Rebecca)

     Excused were:
Kloucek; Lange; Symens; Valandra

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

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

     Was read the second time.

     The question being "Shall HB 1301 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, 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; Hutmacher; Kleven; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

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     Excused were:
Dunn (Rebecca); Kloucek; Lange; Symens; Valandra

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

     HB 1151:   FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

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

     Sen. Rounds moved that HB 1151 be deferred until Tuesday, March 2, the 35th legislative day.

     Which motion prevailed and the bill was so deferred.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1213.

Respectfully,
KAREN GERDES, Chief Clerk

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 26, the 33rd legislative day.

     Which motion prevailed.

     The President publicly read the title to

     SB 5: FOR AN ACT ENTITLED, An Act to  establish the value added agriculture subfund and provide for its funding and disbursement.

     SB 13: FOR AN ACT ENTITLED, An Act to  repeal certain exemptions for national guard members and discharged members from certain taxes and military duty.

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     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.

     SB 27: FOR AN ACT ENTITLED, An Act to  require the conduct of criminal background checks for certain persons employed by the Board of Regents.

     SB 39: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding safe drinking water to comply with the revised requirements of the federal Safe Drinking Water Act.

     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.

     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.

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

     SB 91: FOR AN ACT ENTITLED, An Act to  revise certain provisions governing the location of hunting authorized by landowner preference and limited big game licenses and permits.

     SB 97: FOR AN ACT ENTITLED, An Act to  extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

     SB 109: FOR AN ACT ENTITLED, An Act to  provide for the public announcement of capital punishment execution dates.

     SB 115: FOR AN ACT ENTITLED, An Act to  require a landowner to apply to the director of equalization and to request the use of the marshland soils rating classification to value certain agricultural land.

     SB 179: FOR AN ACT ENTITLED, An Act to  clarify the notification date requirements in the nonrenewal of certain teacher contracts.

     SB 190: FOR AN ACT ENTITLED, An Act to  prohibit certain sexual acts between certain jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.

     SB 204: FOR AN ACT ENTITLED, An Act to  provide that violations of general permits for water pollution control are subject to certain penalties.

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

     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.

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     SB 239: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding telecommunications services.

     SB 246: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the service of a summons.

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

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

     HB 1186: FOR AN ACT ENTITLED, An Act to  restrict access by minors to obscene materials on certain public access computers and to limit liability for certain related actions.

     HB 1223: FOR AN ACT ENTITLED, An Act to  allow access to a deceased person's medical record.

     HB 1230: FOR AN ACT ENTITLED, An Act to  provide for the recovery of damages for checks, drafts, or orders not paid upon presentment.

     HB 1264: FOR AN ACT ENTITLED, An Act to  clarify the meaning of the term, biologically-based mental illness.

     HB 1271: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the licensing of counselor applicants.

     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.

     HB 1303: FOR AN ACT ENTITLED, An Act to  limit the liability of local government agencies and their employees for year 2000 litigation.

     And signed the same in the presence of the Senate.

     SC 15   Introduced by:  Senators Kloucek, Benson, Bogue, Dennert, Flowers, Hutmacher, Lange, Moore, Olson, and Reedy and Representatives Fischer-Clemens, Brown (Richard), Cerny, Chicoine, Clark, Davis, Engbrecht, Haley, Hunt, Lockner, Michels, Munson (Donald), Nachtigal, Putnam, Sebert, Sutton (Daniel), Waltman, Weber, Wilson, and Wudel

A LEGISLATIVE COMMEMORATION,  Recognizing the Menno Pioneer Power Show to be     held September 25-26, 1999, one-quarter mile north of Menno, South Dakota.

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     WHEREAS,  the Menno Pioneer Power Show features an Avery wooden steam thresher, a gas engine-powered wood saw, an eight-bottom antique John Deere plow pulled by a steam engine, a forty-seven thousand pound Worthington engine, antique tractors and gas engines of all kinds, Walz District Country school houses, the age old Unity Lutheran Church, and many other historical buildings; and

     WHEREAS,  there will be arts and crafts at the Menno Auditorium; a flea market; kiddie rides; an antique car, tractor, and truck parade; a toy show that will be in the hay loft of the Big Barn; live entertainment; and traditional and ethnic food will be served; and

     WHEREAS,  David and Glenda Mensch and the entire Menno Power Show Committee have continually produced an excellent show for the community of Menno and the visitors that attend:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fourth Legislature of the State of South Dakota, that the Menno Pioneer Power Show Committee, the Menno Community Club, and the entire Menno community be congratulated on a job well done and that they be wished continued success in future power shows.

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