Senate Journal 01/25/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

ELEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 25, 2000

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

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by Senate page Janelle Tschetter.

     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 tenth 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.

CONSIDERATION OF EXECUTIVE AND JUDICIAL APPOINTMENTS

     The Senate proceeded to the consideration of the executive appointment of Theodore J. Pins, Jr. of Lake County, Wentworth, South Dakota, to the Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive appointment of Theodore J. Pins, Jr. pursuant to the executive message as found on page 4 of the Senate Journal?"

     And the roll being called:

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

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

Excused were:
Olson; 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 Sharon Kallemeyn of Pennington County, Rapid City, South Dakota, to the Crime Victims Compensation Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Sharon Kallemeyn pursuant to the executive message as found on page 6 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

     The Senate proceeded to the consideration of the judicial appointment of Mary Lou Jorgensen of Minnehaha County, Sioux Falls, South Dakota, to the Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the judicial appointment of Mary Lou Jorgensen pursuant to the judicial message as found on page 6 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 85 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 SB 59 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That § 13-27-3.1 be amended to read as follows:

13-27-3.1. Any person who is required pursuant to § 13-27-1 to cause any child to attend any public or nonpublic school or alternative instruction program pursuant to § 13-27-3 in this state shall, either at the time of enrollment in any school in this state or upon being excused from school attendance pursuant to § 13-27-3 or within thirty days of initial enrollment or excuse, provide the public or nonpublic school or the alternative instruction program with a certified copy of ~~such~~ the child's birth certificate or affidavit in lieu of birth certificate as issued by the Department of Health in such cases where the original birth certificate is deemed

unattainable. Any parent or guardian who requests an excuse for his or her child pursuant to § 13-27-3, shall with the initial request for excuse, provide a certified copy of the child's birth certificate or an affidavit notarized or witnessed by two or more witnesses, swearing or affirming that the child identified on the request for excuse is the same person appearing on the child's certified birth certificate. A violation of this section is a Class 2 misdemeanor.

Section 2. That § 13-27-3.2 be amended to read as follows:

13-27-3.2. Any copy of any certified birth certificate provided pursuant to § 13-27-3.1 shall be maintained by the public or nonpublic school or alternative instruction program and shall ~~become~~ be a part of the child's permanent cumulative school record.

Section 3. That § 13-27-3.3 be amended to read as follows:

13-27-3.3. The superintendent of any public or nonpublic school or any person who provides alternative instruction in this state who maintains a child's permanent cumulative school record shall ~~regularly~~ report to the ~~state's attorney~~ school board of the district the name and address of any child ~~for whom the school~~ whose permanent cumulative record does not have a copy of a certified birth certificate in violation of § 13-27-3.1 or 13-27-3.2. Upon receipt of the report of violation, the school board shall notify by certified mail the parent or guardian of the child whose record is in violation of § § 13-27-3.1 and 13-27-3.2. If the violation is not corrected within thirty days after the report, the school board of the district shall notify the state's attorney . "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 71 and returns the same with the recommendation that said bill be amended as follows:

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On page 2 , line 5 of the printed bill , after " organizations. " insert " If the use of a school bus is granted by a school board, the school district is not liable for suit or damages which may result from the operation of the bus by a nonprofit civic organization or other government entity. "

And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1020 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 1019 and 1033 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 SB 136 and returns the same with the recommendation that said bill be amended as follows:

136fa

On page 2 , after line 1 of the printed bill , insert:

" Section 2. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

Any cigarettes or tobacco products found at any place in this state that have been imported in violation of this Act are declared to be contraband goods and may be seized without a warrant by the secretary, agents or employees of the secretary, or any law enforcement officer of this state when directed to do so by the secretary. Notwithstanding the provisions of § 10-50-36, cigarettes or tobacco products imported in violation of this Act shall be destroyed by the secretary. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 152 and returns the same with the recommendation that said bill be amended as follows:

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On page 2 , line 6 of the printed bill , after " institution " insert " , as defined in subdivision 10-43-1(4), " .

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

Respectfully submitted,
Jerry J. Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 98 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 44 and 99 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 Transportation respectfully reports that it has had under consideration SB 109 and returns the same with the recommendation that said bill be amended as follows:

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On page 2 , after line 4 of the printed bill , insert:

" Section 3. 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 on April 1, 2000. "

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

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

65fa

On page 1 , line 6 of the printed bill , after " trailer " insert " or a new or used manufactured or mobile home " .

On page 1 , line 7 of the printed bill , delete " manufacturer's certificate of origin " and insert " certificate of title " .

On page 1 , line 8 , delete " of new trailers " .

On page 1 , line 8 , delete " to haul a new " .

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

65fta

On page 1 , line 2 of the printed bill , after " trailers " insert " or new or used manufactured or mobile homes " .

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 128 which was tabled.

Respectfully submitted,
David R. Munson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1022, 1023, 1026, 1040, 1046, 1055, 1068, 1085, and 1086 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Halverson moved that SB 29 be referred from the Committee on State Affairs to the Committee on Agriculture and Natural Resources.

Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 75 as found on page 150 of the Senate Journal; also

     State Affairs on SB 97 as found on page 162 of the Senate Journal; also

     Local Government on SB 103 as found on page 163 of the Senate Journal; also

     Judiciary on SB 153 as found on page 175 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 205 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Governor

     FOR AN ACT ENTITLED, An Act to provide management authority to the Department of Game, Fish and Parks over certain property being acquired from the United States.

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

     SB 206 Introduced by: The Committee on Commerce at the request of the Governor

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding liability for the bank franchise tax.

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

     SB 207 Introduced by: The Committee on Education at the request of the Governor

     FOR AN ACT ENTITLED, An Act to require orientation for school board members.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 51: FOR AN ACT ENTITLED, An Act to provide for the waiver or compromise of unpaid interest on inheritance tax under certain circumstances.

Was read the second time.

     The question being "Shall SB 51 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.

SB 52: FOR AN ACT ENTITLED, An Act to revise the composition of local industrial development corporations.

Was read the second time.

     The question being "Shall SB 52 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.

SB 111: FOR AN ACT ENTITLED, An Act to provide that a regulated lender has no duty to provide information about its customers unless required by legal process.

Was read the second time.

The question being "Shall SB 111 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.

SB 146: FOR AN ACT ENTITLED, An Act to revise certain provisions of the Uniform Probate Code relating to the annual accounting of the conservator.

Was read the second time.

     The question being "Shall SB 146 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 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the circulation of petitions.

Was read the second time.

The question being "Shall HB 1011 pass?"

And the roll being called:

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 12: FOR AN ACT ENTITLED, An Act to provide for a conservation easement for certain state lands.

Was read the second time.

12fa

Sen. Halverson moved that SB 12 be further amended as follows:

On page 1 , line 8 of the Senate State Affairs Committee engrossed bill , delete " historical, architectural, archaeological, paleontological, and " and insert " archaeological and paleontological " .

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

On page 1 , line 14 , delete " historical, architectural, archaeological, paleontological, and cultural " and insert " archaeological and paleontological " .

Which motion prevailed and SB 12 was so amended.

     The question being "Shall SB 12 pass as amended?"

     And the roll being called:

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

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

Nays were:
Bogue; Kleven; Staggers

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 93: FOR AN ACT ENTITLED, An Act to prohibit smoking near certain pumps dispensing motor fuel.

Was read the second time.

93ra

Sen. Hainje moved that SB 93 be amended as follows:

On page 1 , line 4 of the printed bill , delete " ten " and insert " twenty-five " .

Which motion prevailed and SB 93 was so amended.

     The question being "Shall SB 93 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 11, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Reedy; Rounds; Shoener; Symens; Vitter; Whiting

Nays were:
Benson; Bogue; Brosz; Daugaard; Duxbury; Hutmacher; Kloucek; Olson; Paisley; Staggers; Valandra

Excused were:
Dunn (Jim); Flowers

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 46: FOR AN ACT ENTITLED, An Act to require the payment of cigarette taxes in certain instances.

Was read the second time.

     The question being "Shall SB 46 pass?"

     And the roll being called:

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

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

Nays were:
Staggers

Excused were:
Dunn (Jim); Flowers

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 13: FOR AN ACT ENTITLED, An Act to revise the procedure to adopt administrative rules.

Was read the second time.

     The question being "Shall SB 13 pass as amended?"

     And the roll being called:

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

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

Excused were:
Halverson; Lange

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 55: FOR AN ACT ENTITLED, An Act to revise certain administrative rules with regard to minimum medication administration training for adjustment training center employees.

Was read the second time.

     The question being "Shall SB 55 pass?"

     And the roll being called:

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

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

Nays were:
Staggers

So the 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 56: FOR AN ACT ENTITLED, An Act to allow municipal sewer charges to be based on the use or consumption of water.

Was read the second time.

     The question being "Shall SB 56 pass?"

     And the roll being called:

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

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

Nays were:
Kloucek

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 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time period to collect signatures for initiative petitions and initiated constitutional amendment petitions.

Was read the second time.

92oa

Sen. Olson moved that SB 92 be amended as follows:

On page 1 , line 13 of the printed bill , delete " If an initiative petition or " and insert " For any " .

On page 1 , line 15 , delete " Such a " and insert " For any initiative petition, no signatures may be obtained more than eighteen months preceding the general election that was designated at the time of filing of the full text. An initiative petition and an initiated constitutional amendment " .

Which motion prevailed and SB 92 was so amended.

     The question being "Shall SB 92 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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:
Dunn (Rebecca); Kloucek; 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.

SB 95: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prohibition against driving a vehicle while under the influence of alcohol, any controlled drug, or marijuana.

Was read the second time.

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Sen. Albers moved that SB 95 be amended as follows:

On page 1 , delete lines 9 to 13 of the printed bill , inclusive , and insert:

"(3) Under the influence of marijuana or any ~~controlled~~ illegal drug or substance ~~to a degree which renders him incapable of safely driving~~ ; or

(4) Under the influence of a legally dispensed drug or substance to a degree which renders the person incapable of safely driving; or

(5) Under the combined influence of an alcoholic beverage and ~~marijuana or any controlled~~ a legally dispensed drug or substance to a degree which renders ~~him~~ the person incapable of safely driving."

Sen. Everist moved the previous question.

Which motion prevailed.

The question being on Sen. Albers' motion that SB 95 be amended.

Which motion prevailed and SB 95 was so amended.

Sen. Halverson moved the previous question.

Which motion prevailed.

     The question now being "Shall SB 95 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 6, Excused 3, 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; Lange; Madden; Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

Nays were:
Dennert; Flowers; Kloucek; Lawler; Moore; Valandra

Excused were:
Duxbury; Munson (David); 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 132: FOR AN ACT ENTITLED, An Act to revise the membership of the Board of Dentistry.

Was read the second time.

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Sen. Flowers moved that SB 132 be amended as follows:

On page 1 , line 8 of the printed bill , delete " a " and insert " an advanced " .

On page 1 , line 13 , after " and " insert " advanced " .

Which motion prevailed and SB 132 was so amended.

     The question being "Shall SB 132 pass as amended?"

     And the roll being called:

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

     Yeas were:
Flowers; Hainje; Hutmacher; Kloucek; Madden; Moore; Olson; Reedy; Shoener; Staggers; Valandra; Vitter

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Frederick; Halverson; Ham; Kleven; Lange; Lawler; Paisley; Rounds; Symens; Whiting

Excused were:
Munson (David)

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

SB 154: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to notice to parties in estate litigation.

Was read the second time.

Sen. Daugaard moved that SB 154 be deferred until Wednesday, January 26, the 12th legislative day.

Which motion prevailed and the bill was so deferred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1022: FOR AN ACT ENTITLED, An Act to revise and repeal certain hunting, trapping, and fishing activities, restrictions, and prohibitions, and certain game and fish storage and transportation requirements, and to provide for a penalty.

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

HB 1023: FOR AN ACT ENTITLED, An Act to prohibit the use of certain equipment in hunting activities at night, to provide certain exemptions from such prohibition, and to revise a related penalty.

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

HB 1026: FOR AN ACT ENTITLED, An Act to revise certain bonding procedures and the annual fee of agents who sell hunting and fishing licenses for the Department of Game, Fish and Parks.

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

HB 1040: FOR AN ACT ENTITLED, An Act to continue the moratorium on new nursing facility beds.

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

HB 1046: FOR AN ACT ENTITLED, An Act to revise the benefit plans that are exempt from execution, attachment, garnishment, seizure, or taking by any legal process.

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

HB 1055: FOR AN ACT ENTITLED, An Act to provide for the finalization of proceedings for termination of parental rights under certain circumstances.

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

HB 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposition of property seized by law enforcement agencies.

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

HB 1085: FOR AN ACT ENTITLED, An Act to clarify that certain group policies are required to provide coverage for biologically-based mental illnesses and diabetes supplies, equipment, and education.

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

HB 1086: FOR AN ACT ENTITLED, An Act to revise the type of machinery that may be purchased for maintaining municipal cemeteries.

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

COMMEMORATIONS

SC 11 Introduced by: Senators Brown (Arnold), Benson, Brosz, Daugaard, Drake, Dunn (Jim), Everist, Frederick, Hainje, Halverson, Ham, Madden, Munson (David), Paisley, Rounds, Shoener, and Whiting and Representatives Roe, Brown (Richard), Diedrich (Larry), Fiegen, Smidt, and Sutton (Duane)

A LEGISLATIVE COMMEMORATION, Recognizing Amanda Brandt as a Girl Scout Gold Award recipient.

WHEREAS, Amanda Brandt, Brookings, South Dakota, is a Senior Girl Scout and a member of the Girl Scouts of Minn-Ia-Kota; and

WHEREAS, she has earned the Gold Award, which is the highest award in Girl Scouting. This award is an expression of a commitment to self, the community, the world, and the future; and

WHEREAS, the extraordinary commitment to serve the community will provide guidance in the future as she impacts the world in her own unique way. The future of South Dakota depends on the dedication and leadership of young people such as Amanda:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that Amanda Brandt be hereby honored and congratulated as a recipient of the Minn-Ia-Kota Girl Scout Council Gold Award.

SC 12 Introduced by: Senators Brown (Arnold), Benson, Brosz, Daugaard, Drake, Dunn (Jim), Everist, Frederick, Hainje, Halverson, Ham, Madden, Munson (David), Paisley, Rounds, Shoener, and Whiting and Representatives Roe, Brown (Richard), Diedrich (Larry), Fiegen, Smidt, and Sutton (Duane)

A LEGISLATIVE COMMEMORATION, Recognizing Sarah Nelson as a Girl Scout Gold Award recipient.

WHEREAS, Sarah Nelson, Volga, South Dakota, is a Senior Girl Scout and a member of the Girl Scouts of Minn-Ia-Kota; and

WHEREAS, she has earned the Gold Award, which is the highest award in Girl Scouting. This award is an expression of a commitment to self, the community, the world, and the future; and

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that Sarah Nelson be hereby honored and congratulated as a recipient of the Minn-Ia-Kota Girl Scout Council Gold Award.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 40 was delivered to his Excellency, the Governor, for his approval at 2:52 p.m., January 25, 2000.

Respectfully submitted,
Harold Halverson, Chair

Sen. Kleven moved that the Senate do now adjourn, which motion prevailed, and at 4:20 p.m. the Senate adjourned.

Patricia Adam, Secretary