The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Father Hal Barber, followed by the Pledge of
Allegiance led by Senate page Susan Rogers.
Roll Call: All members present.
The President introduced Lori Cowan, Miss South Dakota Stockgrower 1999-2000, from
Pierre, who was escorted to the Chamber by Sen. Rounds.
January 25, 2000
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 Section 33-1-10.1 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Donald J.
Goldhorn, Pennington County, Rapid City, South Dakota, Assistant Adjutant General, Army.
This appointment is effective April 1, 2000, and shall continue until March 31, 2001.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 104, 200, and 201 and returns the same with the recommendation that said bills do pass.
"
Section 1. That certain programs in chapter 19 of the 1999 Session Laws be amended to
read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
South Dakota Public Broadcasting
Operating Expenses, delete "$1,479,923" and insert "$4,479,923".
State Radio
Operating Expenses, delete "$576,330" and insert "$4,576,330".
DEPARTMENT OF HUMAN SERVICES
Administration, Secretary of Human Services
Operating Expenses, delete "$126,355" and insert "$1,626,355".
Alcohol and Drug Abuse
Operating Expenses, delete "$2,192,606" and insert "$3,192,606".
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Environmental Services
Operating Expenses, delete "$738,141" and insert "$2,738,141".
Adjust all totals accordingly.
Section 2. This Act is effective June 20, 2000.
"
The Committee on Appropriations respectfully reports that it has had under consideration
SB 67 and 76 which were tabled.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 26, 115, and 186 which were deferred to the 36th legislative day.
The Committee on Education respectfully reports that it has had under consideration SB
87 and 185 and returns the same with the recommendation that said bills do pass.
The Committee on Education respectfully reports that it has had under consideration SB
23 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Education respectfully reports that it has had under consideration SB
25 which was tabled.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 182 and returns the same with the recommendation that said bill do
pass.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 148 which was tabled.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1124 and 1155 and returns the same with the recommendation that said bills do pass.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1030 and returns the same with the recommendation that said bill do pass and be placed on
the Consent Calendar.
The Committee on Transportation respectfully reports that it has had under consideration
HCR 1003 and returns the same with the recommendation that said resolution be concurred in
and be placed on the Consent Calendar.
The Committee on Transportation respectfully reports that it has had under consideration
SB 91 and HB 1206 which were tabled.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1058, 1063, 1109, 1133, 1154, 1175, 1179, 1194,
1203, 1207, 1210, 1211, 1212, 1279, 1280, 1293, and 1308 which have passed the House and
your favorable consideration is respectfully requested.
SB 163:
FOR AN ACT ENTITLED, An Act to
establish guidelines for the management
and use of investments held by certain eleemosynary institutions and funds.
Was read the second time.
The question being "Shall SB 163 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Bogue
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.
HCR 1002:
A CONCURRENT RESOLUTION,
Endorsing and supporting the equal pay
for equal work law.
Was read the second time.
The question being "Shall HCR 1002 be concurred in?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Bogue
HB 1017:
FOR AN ACT ENTITLED, An Act to
revise certain child welfare agency
licenses.
Was read the second time.
The question being "Shall HB 1017 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Bogue
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 80:
FOR AN ACT ENTITLED, An Act to
provide a tax refund for agricultural
production facilities and to revise the eligibility requirements.
Was read the second time.
Sen. Paisley requested a fiscal note on SB 80 with Sen. Symens' pending motion to amend.
Which request was supported.
SB 124:
FOR AN ACT ENTITLED, An Act to
revise long-term care provisions.
Was read the second time.
The question being "Shall SB 124 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 184:
FOR AN ACT ENTITLED, An Act to
authorize the construction of an inmate
housing unit on the grounds of the state penitentiary complex in Minnehaha County, to make
an appropriation therefor, to authorize local governments to contract with the state for the care
of local prisoners, and to declare an emergency.
Was read the second time.
Sen. Rounds moved that SB 184 be deferred until Wednesday, February 9, the 22nd
legislative day.
Which motion prevailed and the bill was so deferred.
SB 199:
FOR AN ACT ENTITLED, An Act to
revise property tax levies for the general
fund of a school district.
Was read the second time.
Sen. Arnold Brown moved that Sen. Staggers' motion to amend SB 199 be laid on the
table.
Sen. Staggers requested a roll call vote.
Which request was supported.
The question being on Sen. Brown's motion that Sen. Staggers' motion to further amend
SB 199 be laid on the table.
And the roll being called:
Yeas 18, Nays 17, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Duxbury; Everist;
Frederick; Hainje; Halverson; Ham; Kleven; Munson (David); Paisley; Rounds; Shoener
Nays were:
Bogue; Dennert; Dunn (Rebecca); Flowers; Hutmacher; Kloucek; Lange; Lawler; Madden;
Moore; Olson; Reedy; Staggers; Symens; Valandra; Vitter; Whiting
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried and Sen. Staggers' motion to amend SB 199 was laid
on the table.
The question now being "Shall SB 199 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
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Commerce respectfully reports that it has had under consideration SB
169 and returns the same with the recommendation that said bill do pass.
The Committee on Commerce respectfully reports that it has had under consideration HB
1035, 1045, 1077, 1085, and 1144 and returns the same with the recommendation that said bills
do pass and be placed on the Consent Calendar.
"
Section 2. That subdivision (
10) of
§
10-43-1
be amended to read as follows:
10-43-36.
Any related corporation required to report under this chapter and owned or
controlled either directly or indirectly by another corporation
may elect, or
may be required
by
the secretary of revenue,
to make a consolidated report
with related corporations that are
required to report under this chapter
showing the combined net income, such assets of the
corporation as are required for the purpose of this chapter, and such other information as the
secretary of revenue may require by rule promulgated pursuant to chapter 1-26.
"
"
Section 1. That
§
32-38-1
be amended to read as follows:
32-38-1.
Except as provided in chapter 32-37 and
§
32-38-3,
every operator and front seat
passenger
any adult who is in the front seat and any person under the age of eighteen who is in
the front or any back seat
of a passenger vehicle operated on a public highway in this state shall
wear a properly adjusted and fastened safety seat belt system, required to be installed in the
passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard
Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in
forward motion. The driver of the passenger vehicle shall secure or cause to be secured a
properly adjusted and fastened safety seat belt system on any passenger in the
front seat
vehicle
who is at least five years of age but younger than eighteen years of age.
Any violation of this
section is a petty offense.
Any violation of this section is not a moving traffic offense under the
provisions of
§
32-12-49.1.
Section 2. That
§
32-38-5
be repealed.
32-38-5.
Enforcement of this chapter by state or local law enforcement agencies shall be
accomplished as a secondary action. A violation of this chapter is a petty offense.
"
The Committee on Commerce respectfully reports that it has had under consideration SB
177 which was tabled.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1086.
HB 1058:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
special education.
Was read the first time and referred to the Committee on Education.
HB 1109:
FOR AN ACT ENTITLED, An Act to
provide for an interagency team review
and a written finding that placement in a Department of Corrections facility is the least
restrictive placement commensurate with the best interests of the child.
Was read the first time and referred to the Committee on State Affairs.
HB 1133:
FOR AN ACT ENTITLED, An Act to
provide insurance coverage for off-label
uses of prescription drugs used for the treatment of cancer or life threatening conditions.
Was read the first time and referred to the Committee on Commerce.
HB 1154:
FOR AN ACT ENTITLED, An Act to
provide for the provisional licensure of
psychologists during the one-year supervised postdoctoral psychological experience.
Was read the first time and referred to the Committee on Commerce.
HB 1175:
FOR AN ACT ENTITLED, An Act to
authorize the Division of Insurance to
promulgate rules regarding the privacy of medical records.
Was read the first time and referred to the Committee on State Affairs.
HB 1179:
FOR AN ACT ENTITLED, An Act to
revise the rate of interest on property tax
certificates and delinquent taxes.
Was read the first time and referred to the Committee on Local Government.
HB 1194:
FOR AN ACT ENTITLED, An Act to
provide for the issuance of a protection
order in the case of certain crimes of violence or assaults.
Was read the first time and referred to the Committee on Taxation.
HB 1203:
FOR AN ACT ENTITLED, An Act to
revise certain notice requirements for
accidents involving only damage to the motor vehicle of the driver.
Was read the first time and referred to the Committee on Transportation.
HB 1210:
FOR AN ACT ENTITLED, An Act to
modify contract renewal provisions for
school district food service purchases and to declare an emergency.
Was read the first time and referred to the Committee on Education.
HB 1211:
FOR AN ACT ENTITLED, An Act to
revise the date at which certain
telecommunications companies may begin certain promotions for local exchange service.
Was read the first time and referred to the Committee on State Affairs.
HB 1212:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding dealer
franchises to include motorcycles, all-terrain vehicles, and snowmobiles.
Was read the first time and referred to the Committee on Transportation.
HB 1279:
FOR AN ACT ENTITLED, An Act to
provide penalties for certain violations
of cremation laws.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1280:
FOR AN ACT ENTITLED, An Act to
increase the penalty for certain violations
regarding vital records and the disposition of dead bodies.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1293:
FOR AN ACT ENTITLED, An Act to
revise the procedure to determine if real
estate taxes have been paid before the date due.
Was read the first time and referred to the Committee on Taxation.
HB 1308:
FOR AN ACT ENTITLED, An Act to
prohibit the possession of certain forms
of computer-related child pornography.
Was read the first time and referred to the Committee on Judiciary.
HB 1012:
FOR AN ACT ENTITLED, An Act to
provide for an increase in legislative per
diem.
Was read the second time.
The question being "Shall HB 1012 pass?"
And the roll being called:
Yeas 19, Nays 15, Excused 1, Absent and Not Voting 0
Yeas were:
Benson; Brosz; Brown (Arnold); Drake; Dunn (Rebecca); Everist; Flowers; Frederick; Hainje;
Halverson; Ham; Lange; Madden; Rounds; Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Albers; Daugaard; Dennert; Dunn (Jim); Duxbury; Hutmacher; Kleven; Kloucek; Lawler;
Moore; Munson (David); Olson; Paisley; Reedy; Staggers
Excused were:
Bogue
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 1036:
FOR AN ACT ENTITLED, An Act to
to revise certain provisions pertaining to
persons with mental illness.
Was read the second time.
The question being "Shall HB 1036 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; 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
Excused were:
Brosz
HB 1040:
FOR AN ACT ENTITLED, An Act to
continue the moratorium on new nursing
facility beds.
Was read the second time.
"
Section 4. Notwithstanding the provisions of sections 1 and 2 of this Act, a new nursing
facility as defined in
§
34-12-1.1 may be constructed, operated, and maintained in an area if the
facility is to be located on an Indian reservation and is required to serve a local population
previously unserved through lack of vacancies in facilities within a forty-five-mile radius. No
more than one such nursing facility may be located within the same Indian reservation, and the
number of beds in the nursing facility may not exceed thirty.
"
Sen. Albers moved that Sen. Valandra's motion to amend HB 1040 be laid on the table.
Sen. Flowers requested a roll call vote.
Which request was supported.
The question being on Sen. Albers' motion that Sen. Valandra's motion to amend HB 1040
be laid on the table.
And the roll being called:
Yeas 15, Nays 20, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick;
Hainje; Halverson; Ham; Madden; Munson (David); Rounds
Nays were:
Benson; Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kleven; Kloucek; Lange;
Lawler; Moore; Olson; Paisley; Reedy; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Sen. Halverson requested that Joint Rule 5-17 be invoked on HB 1040.
Which request was supported and HB 1040 with Sen. Valandra's pending motion to amend
was deferred until Thursday, February 10, the 23rd legislative day
HB 1043:
FOR AN ACT ENTITLED, An Act to
revise, repeal, and reenact certain
provisions pertaining to persons with developmental disabilities.
Was read the second time.
The question being "Shall HB 1043 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; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Vitter; Whiting
Excused were:
Frederick; 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 1195:
FOR AN ACT ENTITLED, An Act to
restrict contact between defendant and
victim after the commission of assault or stalking.
Was read the second time.
The question being "Shall HB 1195 pass?"
And the roll being called:
Nays were:
Bogue; Everist; Frederick; Halverson; Rounds
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.
SC 18
Introduced by:
Senators Brown (Arnold), Albers, Benson, Bogue, Brosz, 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, and
Whiting and Representatives Roe, Apa, Broderick, Brooks, Brown (Jarvis), Brown (Richard),
Burg, Cerny, Chicoine, Clark, Crisp, Cutler, Davis, Derby, Diedrich (Larry), Diedtrich (Elmer),
Duenwald, Duniphan, Earley, Eccarius, Engbrecht, Fiegen, Fischer-Clemens, Fitzgerald,
Fryslie, Garnos, Hagen, Haley, Hanson, Heineman, Hennies, Hunt, Jaspers, Juhnke, Kazmerzak,
Klaudt, Koehn, Koetzle, Konold, Kooistra, Koskan, Lintz, Lockner, Lucas, McCoy, McIntyre,
McNenny, Michels, Monroe, Munson (Donald), Nachtigal, Napoli, Patterson, Peterson,
Pummel, Putnam, Richter, Sebert, Slaughter, Smidt, Solum, Sutton (Daniel), Sutton (Duane),
Volesky, Waltman, Weber, Wetz, Wilson, Wudel, and Young
A LEGISLATIVE COMMEMORATION,
Honoring the memory of former State
Representative Wayne Hauschild.
SC 19
Introduced by:
Senators Benson, Brown (Arnold), Drake, Dunn (Jim), Dunn
(Rebecca), Duxbury, Flowers, Frederick, Halverson, Hutmacher, Lange, Munson (David),
Rounds, and Whiting and Representatives Cerny, Broderick, Cutler, Duniphan, Fischer-
Clemens, Hunt, Juhnke, Koskan, McNenny, Munson (Donald), Napoli, and Putnam
A LEGISLATIVE COMMEMORATION,
Honoring the memory of former State
Representative Albert Schramm.
Sen. Arnold Brown moved that the Senate do now adjourn, which motion prevailed, and
at 4:50 p.m. the Senate adjourned.