Senate Journal 02/09/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 9, 2000

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

     The prayer was offered by the Chaplain, Pastor Michelle Bradley, followed by the Pledge of Allegiance led by Senate page Leif Fixen.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

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

COMMUNICATIONS AND PETITIONS

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 Ronald W. Mielke, Minnehaha County, Sioux Falls, South Dakota, Assistant Adjutant General, Air.

This appointment is effective August 1, 2000, and shall continue until July 31, 2001.

Sincerely,
William J. Janklow
Governor

The President referred the appointment to the Committee on State Affairs.

HONORED GUESTS

Sen. Albers introduced Sadie Hammerstrom, one of the first female sheriffs in South Dakota, who at age 95 is being recognized today by the Sheriff's Association as a pioneer in law enforcement in the state.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1059 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1046 and 1128 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 State Affairs respectfully reports that it has had under consideration SB 141 and returns the same with the recommendation that said bill be amended as follows:

141md

On page 1 , line 7 of the printed bill , delete the second "or".

On page 1 , line 8 , delete " program, " .

On page 1 , line 9 , delete " or program " .

On page 1 , line 11 , after "facility" delete " or " .

On page 1 , line 12 , delete " program " .

On page 1 , delete line 13 , and insert:

" (2) "Monitor," the person or entity designated by the Governor to protect the legal rights of individuals in the "

On page 1 , line 14 , delete " or programs " .

On page 1 , line 15 , delete " or program " .

On page 1 , line 15 , delete " and " .

On page 1 , line 16 , delete " programs " .

On page 2 , line 1 , delete " or program " .

On page 2 , line 3 , delete " or program " .

On page 2 , line 4 , delete " or program " .

On page 2 , line 6 , delete " or is a participant in " .

On page 2 , line 7 , delete everything before " ; " .

On page 2 , line 9 , delete " or program " .

On page 2 , line 11 , delete " or program " .

On page 2 , line 11 , after " at " insert " undue " .

On page 2 , line 14 , delete " or program, " .

On page 2 , line 15 , after "facility" delete " or " .

On page 2 , line 16 , delete " program " .

On page 2 , line 17 , delete " or program " .

On page 2 , line 18 , delete " create an entity " and insert " designate a person or entity to serve as the monitor and whose primary responsibility is " .

On page 2 , line 18 , delete " and advocate " .

On page 2 , line 19 , delete " or programs. The entity shall " and insert " . Such person or entity shall be independent of the Department of Corrections and shall be administered by the Department of Human Services, office of the secretary. "

On page 2 , delete lines 20 and 21 , and insert:

" Section 3. Any allegation of abuse and neglect of individuals within the juvenile corrections facilities received by the Office of the Governor, the Department of Corrections, or other agencies of the executive branch shall be promptly reported in writing to the monitor. "

On page 2 , line 22 , delete " entity " and insert " monitor " .

On page 2 , delete lines 23 to 25 , inclusive , and insert:

(1) Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is probable cause to believe that the incidents occurred;

(2) Access any individual in the custody or care of juvenile corrections facilities and any employee in the employ of the State of South Dakota or any of its political subdivisions;

(3) Access any records of or relating to any individual in the custody or care of juvenile facilities;

(4) Provide an annual report to the Governor, the Executive Board of the Legislative Research Council, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. The report shall contain the activities of the monitor for the fiscal year immediately prior to the report. Activities shall reflect the number of referrals to the monitor, the number of investigations completed, results of the investigations, and a summary of other activities performed by the monitor;

(5) Provide training and assistance to employees of the Department of Corrections in areas within the scope of the monitor's position.

(6) Review Department of Corrections' policies dealing with juvenile's rights to ensure compliance with federal and state laws, rules, and policy.

Section 5. It shall be the responsibility of the monitor to report immediately, in writing, any findings of abuse or neglect in a juvenile corrections facility to the secretary of the Department of Corrections and the Governor and to state in the report the facts found by the monitor and the names of any individuals who perpetrated the abuse or neglect.

Section 6. There is hereby created the South Dakota Corrections Committee to make a continuing study of the operation of the state's correctional system.

Section 7. The Corrections Committee shall consist of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President Pro Tempore. The members of the corrections committee shall be appointed biennially for terms expiring on January first of each succeeding odd-numbered year and shall serve until their respective successors are appointed and qualified. No more than three from each legislative body may be from the same political party.

Section 8. The Corrections Committee shall select a chair and vice chair and shall be provided with staff assistance from the Legislative Research Council.

Section 9. The Corrections Committee shall review and act upon all proposed legislation regarding the establishment and operation of the state's corrections system.

Section 10. The Department of Corrections or such other executive branch agency as the Governor may direct shall, on or before December 1, 2000, submit to the Corrections Committee of the Legislature a report and recommendation regarding the desirability and feasibility of the Department of Corrections seeking accreditation of all juvenile corrections facilities under the direction of the Governor. "

On page 3 , delete lines 1 to 25 , inclusive .

141oa

On page 2, subdivision 4 of the previous amendment (141md), delete " Executive Board of the Legislative Research Council " and insert " Legislature, the Corrections Commission established by § 1-15-1.13 " .

141ob

On page 2 , subdivision 4 of the previous amendment (141md), after " the investigations, " insert " corrective actions taken, " .

141mtd

On page 1 , line 1 of the printed bill , delete everything after " establish " and insert " the South Dakota Corrections Committee and a monitor " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

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

85oa

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

" Section 1. Terms used in this Act mean:

(1) "Authority," the South Dakota Building Authority, a body corporate and politic, organized and existing under chapter 5-12;

(2) "Bonds," bonds, bond anticipation notes, notes, certificates of ownership or indebtedness, or other obligations issued, incurred, or otherwise created pursuant to this Act and payable directly or indirectly out of or representing an interest in tobacco settlement revenues or other rights under or with respect to the master settlement agreement;

(3) "Corporation," the special purpose body corporate and politic established by the authority by resolution as provided in section 3 of this Act;

(4) "Master settlement agreement," the master settlement agreement entered into on November 23, 1998, by attorneys general from the several states, including the State of South Dakota, and various tobacco companies, as amended on January 1, 2000;

(5) "Master settlement escrow agent," the escrow agent under the master settlement agreement;

(6) "Net proceeds of bonds," the proceeds of bonds issued by the corporation under this Act less any amounts applied or to be applied to pay transaction and administrative expenses and to fund any reserves deemed necessary or appropriate by the corporation;

(7) "Net proceeds of sale of tobacco settlement revenues," the funds and other consideration received by the State of South Dakota from any sale, conveyance, or other transfer pursuant to section 2 of this Act less any amounts applied or to be applied to pay transaction and administrative expenses and to fund any reserves;

(8) "Permitted investments," any investment authorized by § § 4-5-23 and 4-5-26 and noncollateralized direct obligations of any bank or savings institution, insurance company, or bank or insurance holding company if such institution or holding company is rated in the highest two quality categories by a nationally recognized rating agency;

(9) "Tobacco settlement revenues," any amount now or hereafter payable to the State of South Dakota under or in connection with the Master Settlement Agreement;

(10) "Tobacco settlement trust fund," the State of South Dakota tobacco settlement trust fund created pursuant to section 21 of this Act;

(11) "Tobacco settlement interest fund," the fund created by section 22 of this Act.

Section 2. All or any portion of the right, title, and interest of the State of South Dakota in, to and under the master settlement agreement, to receive or collect tobacco settlement revenues, may be sold, conveyed, or otherwise transferred by the state to the authority or to a corporation established by the authority pursuant to this Act so long as the net proceeds of sale of tobacco settlement revenues are:

(1) Deposited to the tobacco settlement trust fund;

(2) Deposited with or for the benefit of the authority for the purpose of paying all or any part of the cost of one or a combination of projects permitted under chapter 5-12; or

(3) Paid to or for the benefit of the tobacco settlement trust and its assets.

No project may be undertaken by the authority with funds deposited pursuant to subdivision (2) of this section unless the project has been approved by the Legislature. If any proceeds of the sale are deposited with or for the benefit of the South Dakota Building Authority, then the South Dakota Building Authority shall submit a written report to the Legislature advising the Legislature of the deposit. Any sale, conveyance, or other transfer of tobacco settlement revenues shall be evidenced by an instrument or agreement in writing signed on behalf of the state by the Governor. The Governor shall file a certified copy of any instrument or agreement, together with a report indicating the application of the net proceeds of the sale of tobacco settlement proceeds with the Legislature. Each instrument or agreement may include an irrevocable direction to the master settlement escrow agent to pay all or a specified portion of amounts due to the State of South Dakota under or in connection with the master settlement agreement, including, without limitation, the tobacco settlement revenues, as have been sold, conveyed, or otherwise transferred directly to or upon the order of the authority or corporation or any trustee under an indenture or other agreement securing any bonds of the corporation or the authority issued, incurred, or created for the purpose of raising funds to pay the purchase price to the state. Upon the filing, the sale, conveyance, or other transfer is a true sale and absolute conveyance of all right, title, and interest therein described in accordance with the terms thereof, valid, binding, and enforceable in accordance with the terms thereof and the instrument or agreements and any related instrument, agreement, or other arrangement, including any pledge, grant of security interest, or other encumbrance made by the corporation or the authority to secure any bonds issued, incurred, or created by the corporation or the

authority, are not subject to disavowal, disaffirmance, cancellation, or avoidance by reason of insolvency of any party, lack of consideration or any other fact, occurrence, or rule of law.

Section 3. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The authority shall establish by resolution a special purpose corporation which shall be body corporate and politic and instrumentality of, but separate and apart from, the State of South Dakota and the authority. The corporation shall be established for the express limited public purposes set forth in this Act and no part of the net earnings of the corporation may inure to any private individual.

Section 4. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The corporation shall be governed by a board of directors consisting of the members of the authority and two additional directors appointed by the Governor, which directors shall be independent from the state. The resolution establishing the corporation shall serve as the charter of the corporation and may be amended from time to time by the authority, but the resolution shall provide that the power and the authority of the corporation is subject to the terms, conditions, and limitations of this Act and any applicable covenants or agreements of the corporation in any indenture or other agreement relating to any then outstanding bonds. The corporation may enter into contracts regarding any matter connected with any corporate purpose within the objects and purposes of this Act.

Section 5. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The authority and corporation may delegate by resolution to one or more officers or employees of the authority or corporation any powers and duties as it may deem proper.

Section 6. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The corporation may pledge as security for any bonds the rights under the master settlement agreement held by the corporation, including the rights to receive or collect tobacco settlement revenues, the proceeds thereof, or moneys or other funds deposited with or held by the corporation. Any pledge made by the corporation is valid and binding from the time the pledge is made. The property, revenues, moneys, and other funds so pledged and thereafter held or received by the corporation shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act and subject only to the provisions of prior agreements. The lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the corporation irrespective of whether the parties have notice thereof. No ordinance, resolution, trust agreement, or other instrument by which the pledge is created need be filed or recorded except in the records of the corporation.

Section 7. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

In connection with the issuance of bonds, the corporation may enter into arrangements to provide additional security and liquidity for the bonds. The arrangements may include, without limitation, bond insurance, letters of credit, and lines of credit by which the corporation may borrow funds to pay or redeem its bonds and purchase or remarketing arrangements for assuring the ability of owners of the bonds to sell or have redeemed their bonds. The corporation may enter into contracts and may agree to pay fees to persons providing the arrangements, including from bond proceeds.

Section 8. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The resolution authorizing the issuance of its bonds or the indenture or other agreement approved by the resolution may provide that interest rates may vary from time to time depending upon criteria established by the corporation, which may include, without limitation, a variation in interest rates as may be necessary to cause the bonds to be remarketable from time to time at a price equal to their principal amount, and may provide for appointment of a national banking association, bank, trust company, investment banker, or other financial institution to serve as a remarketing agent in that connection. The indenture or other agreement with respect to the bonds may provide that alternative interest rates or provisions do apply during such times as the bonds are held by a person providing a letter of credit or other credit enhancement arrangement for the bonds.

Section 9. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

In connection with the bonds under this Act, the corporation may enter into contracts that it determines necessary or appropriate to permit it to manage payment or interest rate risk. These contracts may include interest rate exchange agreements, contracts providing for payment or receipt of funds based on levels of or changes in interest rates, contracts to exchange cash flows or series of payments, and contracts incorporating interest rate caps, collars, floors, or locks.

Section 10. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The corporation may not file a voluntary petition under or be or become a debtor or bankrupt under the federal bankruptcy code or any other federal or state bankruptcy, insolvency, or moratorium law or statute. Nor may any public officer, organization, entity or other person authorize the corporation to be or become a debtor or bankrupt under the federal bankruptcy code or any other federal or state bankruptcy, insolvency, or moratorium law or statute.

Section 11. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The corporation may not guarantee the debts of another. No indebtedness, bonds or obligation, issued, incurred, or created by the State of South Dakota or any state agency or instrumentality may be or become a lien, charge, or liability against the corporation or the property or funds of the corporation except for debts incurred directly by the corporation.

Section 12. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The purposes of the corporation established by the authority pursuant to this Act are to:

(1) Purchase, acquire, own, pledge, encumber, or otherwise transfer all right, title, and interest of the state in, to, and under the master settlement agreement, including all right, title, and interest to receive or collect tobacco settlement revenues;

(2) Raise funds through the issuance of bonds or other obligations or evidences of indebtedness or ownership or through the sale, transfer, pledge, encumbrance, securitization, factoring, or other conveyance of the rights described above in subdivision (1) of this section for the purposes described in this Act;

(3) Serve the Legislature by making reports concerning the foregoing;

(4) Sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

(5) Have and to use a corporate seal and to alter the same at pleasure;

(6) Maintain an office at any place the authority by resolution may designate; and

(7) Do all things necessary and convenient to carry out the purposes of this Act.

Section 13. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The corporation is vested with the same power and authority and is subject to the same limitations and conditions, as are applicable to the authority pursuant to § § 5-12-1.1, 5-12-4, 5- 12-5, 5-12-8.1, 5-12-22, 5-12-24, 5-12-26, 5-12-27, 5-12-27.1, 5-12-27.2, 5-12-27.3, 5-12-27.4, 5-12-27.6, 5-12-28, 5-12-38, 5-12-38.1, and 5-12-40, except such power and authority shall be exercised with respect to and shall be limited to the purposes of the corporation set forth in section 12 of this Act. The corporation may not engage in any unrelated activities.

Section 14. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

No bond of the corporation issued, incurred, or created under this Act may be or become a lien, charge, or liability against the State of South Dakota or the authority, nor against the property or funds of the State of South Dakota or the authority within the meaning of the Constitution or statutes of South Dakota.

Section 15. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The State of South Dakota pledges to and agrees with the holders of the bonds, notes, certificates, or other obligations issued, incurred, or created by the corporation under this Act

that the state will not limit or alter the rights and powers vested in the corporation by this Act so as to impair the terms of any contract made by the corporation with those holders or in any way impair the rights and remedies of those holders until the bonds, notes, certificates, or other obligations, together with interest thereon, interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of those holders are fully met and discharged. In addition, the state pledges to and agrees with the holders of the bonds, notes, certificates, or other obligations issued, incurred, or created by the corporation under this Act that the state will not limit or alter the basis on which tobacco settlement revenues are to be paid to the corporation or the authority so as to impair the terms of any such contract. The corporation is authorized to include these pledges and agreements of the state in any contract with the holders of bonds, notes, certificates, or other obligations issued, incurred, or created by the corporation under this Act.

Section 16. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

Neither the State of South Dakota nor the authority is liable on bonds, notes, certificates, or other obligations issued, incurred, or created by the corporation under this Act. Such bonds, notes, certificates, or other obligations are not a debt of the state or the authority, and this Act may not be construed as a guarantee by the state or the authority of the debts of the corporation. The bonds, notes, certificates, or other securities shall contain a statement to this effect on the face of the bonds, notes, certificates, or other obligations.

Section 17. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The authority is not liable for any bond, note, certificate, or other obligation issued, incurred, or created by the corporation under this Act or for any act or failure to act of the corporation and the corporation is not liable for any obligation of the authority or for any act or failure to act by the authority.

Section 18. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The corporation is hereby declared to be performing a public function on behalf of the state and to be a public instrumentality of the state. Accordingly, the income of the authority, and all properties at any time owned by the authority, are exempt from all taxation in the State of South Dakota.

Section 19. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

For purposes of chapter 47-31A, any bonds, notes, certificates, or other obligations issued, incurred, or created by the corporation under this Act are deemed to be securities issued by a public instrumentality of the State of South Dakota.

Section 20. That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:

The corporation may employ attorneys, accountants, tobacco industry consultants and financial experts, managers, and such other employees and agents as may be necessary and fix their compensation.

Section 21. The tobacco settlement trust fund is hereby established in the state treasury. The net proceeds of sale of tobacco revenues less any amounts deposited with or for the benefit of the authority pursuant to the provisions of section 2 of this Act, shall be deposited in the tobacco settlement trust fund. In addition, any residual interest in or to tobacco settlement revenues or other rights under the master settlement agreement, to the extent not required to make payments with respect to any bonds of the corporation, are payable to or for the benefit of the tobacco settlement trust fund. The principal of the tobacco settlement trust fund may not be expended except for costs and expenses incurred in investing or otherwise administering the tobacco settlement trust and its assets. The amounts in the tobacco settlement trust fund shall be invested pursuant to § § 4-5-23 and 4-5-26. An amount equal to the interest or other investment income earned on money in the trust fund each fiscal year shall be transferred to the tobacco settlement interest fund created in section 21 of this Act.

Section 22. The tobacco settlement interest fund is established in the state treasury. The money in the tobacco settlement interest fund shall remain in the fund until appropriated by the Legislature. The amounts in the tobacco settlement interest fund shall be invested pursuant to § § 4-5-23 and 4-5-26.

Section 23. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

85ob

In the last sentence of Section 21 of the previous amendment (85oa), delete "21" and insert "22".

85fta

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " revise certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the authority, to provide for the transfer and sale of all future right, title, and interest of certain amounts payable to the state by various tobacco companies under a master settlement agreement, and to declare an emergency. "

On page 1 , delete lines 2 and 3 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1095 and returns the same with the recommendation that said bill be amended as follows:

1095ja

On page 5 , line 17 of the printed bill , after " services. " insert " To the extent required by the licensing law governing any authorized licensee or professional employee, the corporation shall comply with the provisions of such law relevant to the maintenance of professional liability insurance for those affected health care professionals employed by the corporation. "

On page 5 , line 24 , after " Act " insert " , including the following provisions:

(1) Definition of terms;

(2) Applications for registration and renewed registration as provided by sections 4 and 5 of this Act;

(3) Procedure for investigations as provided by sections 5 and 15 of this Act;

(4) Standards for hearings and summary suspension or revocation as provided by section 9 of this Act; and

(5) Interboard consultation and hearings as provided by sections 4, 5, 7, 9, and 15 of this Act " .

And that as so amended said bill do pass.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 63 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 175 which was tabled.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 101 and 68 which were deferred to the 36th legislative day.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1048 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1004 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1037 and returns the same with the recommendation that said bill be amended as follows:

1037fa

On page 1 , line 16 of the printed bill , after " mail " insert " or by any electronic means " .

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

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 129 which was tabled.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 53 which was deferred to the 36th legislative day.

Respectfully submitted,
Keith Paisley, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

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

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1002, 1102, 1110, 1134, 1163, 1171, 1184, 1237, 1249, 1257, 1284, 1285, 1288, and 1296 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1011: A CONCURRENT RESOLUTION, Calling upon the federal government to take responsibility for long-term health care on Indian reservations and to implement a pilot project in South Dakota.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Appropriations on SB 196 as found on page 346 of the Senate Journal; also

     Appropriations on SB 27 as found on page 347 of the Senate Journal; also

     Appropriations on SB 41 as found on page 348 of the Senate Journal; also

     Education on SB 181 as found on page 349 of the Senate Journal; also

     Commerce on SB 206 as found on page 356 of the Senate Journal; also

     Commerce on SB 31 as found on page 357 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 23: FOR AN ACT ENTITLED, An Act to allow certain children to be included as a level two, three, four, or five disability for the purpose of calculating special education state aid.

Was read the second time.

     The question being "Shall SB 23 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 1030: FOR AN ACT ENTITLED, An Act to define the duties of a motor carrier enforcement officer and to revise certain provisions regarding motor carrier inspectors.

Was read the second time.

     The question being "Shall HB 1030 pass as amended?"

     And the roll being called:

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

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

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

HB 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding health insurance on a franchise plan and to allow for discounts.

Was read the second time.

     The question being "Shall HB 1035 pass as amended?"

     And the roll being called:

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

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

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

HB 1045: FOR AN ACT ENTITLED, An Act to adopt the Interstate Nurse Licensure Compact and to establish South Dakota's participation in the interstate compact.

Was read the second time.

     The question being "Shall HB 1045 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 1077: FOR AN ACT ENTITLED, An Act to revise the requirements for maintaining an owner-occupied single-family dwelling classification.

Was read the second time.

The question being "Shall HB 1077 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 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 second time.

     The question being "Shall HB 1085 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 1144: FOR AN ACT ENTITLED, An Act to allow for the award of reasonable attorney fees in certain legal proceedings.

Was read the second time.

The question being "Shall HB 1144 pass?"

And the roll being called:

HCR 1003: A CONCURRENT RESOLUTION, Supporting the designation of State Highway 34 as the Veterans of Foreign Wars Memorial Highway.

    Was read the second time.

     The question being "Shall HCR 1003 as found on page 111 of the House Journal be concurred in?"

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 150: FOR AN ACT ENTITLED, An Act to authorize additional nonresident waterfowl licenses.

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

Sen. Frederick moved that SB 150 be placed to follow SB 201 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 207: FOR AN ACT ENTITLED, An Act to require orientation for school board members.

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

     Sen. Paisley moved that SB 207 be laid on the table.

     The question being on Sen. Paisley's motion that SB 207 be laid on the table.

     And the roll being called:

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

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

Nays were:
Everist; Moore

Excused were:
Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 207 was laid on the table.

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.

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

184ta

Sen. Hainje moved that SB 184 be further amended as follows:

On page 2 , line 9 of the Senate State Affairs committee engrossed bill , delete " or municipality " .

On page 2 , line 9 , after " state " insert " having a population greater than one hundred thousand " .

On page 2 , line 16 , delete " or municipality " .

On page 2 , line 17 , after " state " insert " having a population greater than one hundred thousand " .

On page 2 , line 20 , after " writing " insert " by August 1, 2000, " .

On page 2 , line 20 , delete " a county or municipality " and insert " an eligible county " .

On page 2 , line 23 , delete " , municipality, " .

Which motion prevailed and SB 184 was so amended.

     The question being "Shall SB 184 pass as amended?"

     And the roll being called:

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

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

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

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

Sen. Rounds announced his intention to reconsider the vote by which SB 184 was lost.

SB 5: FOR AN ACT ENTITLED, An Act to require certain reforms of health benefit plans issued before July 1, 1996.

Was read the second time.

The question being "Shall SB 5 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, 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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting

Nays were:
Halverson; Staggers; 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.

SB 20: FOR AN ACT ENTITLED, An Act to provide for the crime of identity theft.

Was read the second time.

     The question being "Shall SB 20 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 70: FOR AN ACT ENTITLED, An Act to provide for the assessment of a higher fee for a vehicle dealer license permit purchased beyond the five-day requirement.

Was read the second time.

The question being "Shall SB 70 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

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

Nays were:
Staggers

Excused were:
Hutmacher

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

SB 86: FOR AN ACT ENTITLED, An Act to exempt certain traffic violations from the requirement that a restricted minor's permit be suspended.

Was read the second time.

86ob

Sen. Rounds moved that SB 86 be further amended as follows:

On page 1 , line 12 of the Senate Judiciary committee engrossed bill , delete " 32-26-6, 32- 26- " and insert " 34A-7-7, or 32-26-20. "

On page 1 , delete lines 13 and 14 .

On page 2 , line 1 , delete " limit. "

Which motion prevailed and SB 86 was so amended.

     The question being "Shall SB 86 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; Drake; Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Nays were:
Dennert; Dunn (Rebecca); Reedy

Excused were:
Symens

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

SB 87: FOR AN ACT ENTITLED, An Act to provide certain financial and academic benefits to teachers who have obtained national certification.

Was read the second time.

Sen. Hutmacher challenged the President's ruling that SB 87 required a two-thirds majority vote.

The ruling of the President was sustained.

     The question being "Shall SB 87 pass?"

     And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent and Not Voting 0

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

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

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

SB 100: FOR AN ACT ENTITLED, An Act to provide that certain minors in the custody of the Department of Corrections be segregated from others.

Was read the second time.

Sen. Rebecca Dunn moved that SB 100 be deferred until Thursday, February 10, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

SB 104: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Was read the second time.

     The question being "Shall SB 104 pass?"

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

Nays were:
Bogue; Halverson; Staggers

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

SB 108: FOR AN ACT ENTITLED, An Act to provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

Was read the second time.

     The question being "Shall SB 108 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

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

Nays were:
Halverson

Excused were:
Benson

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

SB 142: FOR AN ACT ENTITLED, An Act to change the penalties for the sale or purchase of alcoholic beverages involving persons under the age of twenty-one and to provide for the revocation of driving privileges upon conviction.

Was read the second time.

142ta

Sen. Flowers moved that SB 142 be further amended as follows:

On page 1 , line 6 of the Senate Judiciary committee engrossed bill , overstrike " sell or " .

On page 1 , line 15 , overstrike " sell or " .

On page 3 , after line 6 , insert:

" Section 6. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:

Any sales person who sells any alcoholic beverage to a person under the age of eighteen is guilty of a Class 1 misdemeanor. If the sale is to a person who is eighteen years of age or older but less than twenty-one years of age, the sales person is guilty of a Class 2 misdemeanor. The penalties and offenses provided in this section do not apply if the sale is made in the immediate presence of a parent or guardian or spouse who is at least twenty-one years of age or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes. The sales person has available the defense provided in § 35-9-1.2. "

Sen. Flowers moved that SB 142 with pending motion to amend be placed to follow SB 150 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 161: FOR AN ACT ENTITLED, An Act to restrict the legal responsibility to provide financial support for certain family members.

Was read the second time.

161sc

Sen. Bogue moved that SB 161 be further amended as follows:

On page 1 , line 11 of the Senate Judiciary committee engrossed bill , after " attendance " insert " , claimed in the notice, " .

On page 1 , line 16 , delete " of " and insert " or " .

Which motion prevailed and SB 161 was so amended.

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

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

Nays were:
Dunn (Rebecca)

Excused were:
Hainje; Symens

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

Sen. Olson moved that SB 142 be immediately considered.

Which motion prevailed.

The question being on Sen. Flowers' pending motion that SB 142 be further amended as found on page 392 of the Senate Journal.

Sen. Flowers moved that his pending motion to amend SB 142 be laid on the table.

Which motion prevailed and Sen. Flowers' pending motion to amend SB 142 was laid on the table.

     The question being "Shall SB 142 pass as amended?"

     And the roll being called:

     Yeas 8, Nays 25, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Everist; Frederick; Hainje; Ham; Kleven; Munson (David); Whiting

Nays were:
Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Flowers; Halverson; Hutmacher; Kloucek; Lange; Lawler; Madden; Moore; Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Excused were:
Dunn (Jim); Duxbury

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

SB 169: FOR AN ACT ENTITLED, An Act to revise the provisions limiting the number of retail alcoholic licenses that may be issued to one person.

Was read the second time.

     The question being "Shall SB 169 pass?"

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0

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

Nays were:
Dennert; Duxbury; Flowers; Halverson; Hutmacher; Kloucek; Lange; Lawler; Olson; Reedy; Symens

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

The question being on the title.

Sen. Hainje moved that the title to SB 169 be amended as follows:

On page 1 , line 2 of the printed bill , delete " alcoholic " and insert " alcohol " .

Which motion prevailed and the title was so amended.

SB 182: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to meandered and unmeandered lakes.

Was read the second time.

Sen. Rounds moved that SB 182 be deferred until Thursday, February 10, the 22nd legislative day.

Which motion prevailed and the bill was so deferred.

SB 185: FOR AN ACT ENTITLED, An Act to create the South Dakota teacher forgivable loan program and to appropriate money therefor.

Was read the second time.

     The question being "Shall SB 185 pass?"

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, Absent and Not Voting 0

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

Nays were:
Albers; Benson; Drake; Dunn (Jim); Flowers; Hainje; Madden; Rounds; Staggers; Vitter

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

SB 195: FOR AN ACT ENTITLED, An Act to prohibit or restrict certain acts in relation to human embryos.

Was read the second time.

195ra

Sen. Lawler moved that SB 195 be further amended as follows:

On page 2 , line 4 of the Senate Judiciary committee engrossed bill , delete " terms, knowingly destroy and " and insert " term, " .

On page 2 , line 5 , delete " include " and insert " includes " .

On page 2 , line 6 , delete "destroyed,".

Which motion prevailed and SB 195 was so amended.

     The question being "Shall SB 195 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 200: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for the elderly and disabled persons.

Was read the second time.

The question being "Shall SB 200 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

SB 201: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

Was read the second time.

     The question being "Shall SB 201 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

SB 150: FOR AN ACT ENTITLED, An Act to authorize additional nonresident waterfowl licenses.

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

     Sen. Frederick moved that SB 150 be laid on the table.

     The question being on Sen. Frederick's motion that SB 150 be laid on the table.

     And the roll being called:

Yeas 28, Nays 7, Excused 0, Absent and Not Voting 0

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

Nays were:
Dennert; Duxbury; Frederick; Hutmacher; Moore; Reedy; Shoener

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 150 was laid on the table.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1002: FOR AN ACT ENTITLED, An Act to require an independent actuarial review of equity issues regarding the South Dakota Retirement System and to declare an emergency.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to insurance arbitration.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1110: FOR AN ACT ENTITLED, An Act to prohibit the use of the internet for certain gambling activities.

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

HB 1134: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of on-sale alcoholic beverage licenses within improvement districts.

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

HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the validity of marriages contracted outside this state.

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

HB 1171: FOR AN ACT ENTITLED, An Act to define the term, fetus.

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

HB 1184: FOR AN ACT ENTITLED, An Act to provide immunity to members of county boards of mental illness.

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

HB 1237: FOR AN ACT ENTITLED, An Act to authorize additional licenses to sell alcoholic beverages in certain convention facilities in certain municipalities.

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

HB 1249: FOR AN ACT ENTITLED, An Act to provide for the development and administration by the state of certain standardized academic achievement tests.

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

HB 1257: FOR AN ACT ENTITLED, An Act to provide financial incentives for teachers who are nationally certified.

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

HB 1284: FOR AN ACT ENTITLED, An Act to include vehicular battery as an offense for which the statutory presumptions arising from a chemical analysis of bodily fluids apply.

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

HB 1285: FOR AN ACT ENTITLED, An Act to clarify that a person arrested for the offenses of vehicular battery or vehicular homicide may be required to submit to a withdrawal of bodily substances for chemical analysis.

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

HB 1288: FOR AN ACT ENTITLED, An Act to permit tribal identification cards in lieu of other identification when applying for a driver's license.

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

HB 1296: FOR AN ACT ENTITLED, An Act to revise the requirements for motorcycle mufflers.

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

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1028 and returns the same with the recommendation that said bill be amended as follows:

1028jd

On page 2 , line 10 of the House Health and Human Services committee engrossed bill , overstrike " to " .

On page 2 , line 11 , after " ~~medication~~ " insert " medications " .

On page 2 , line 14 , after " relief; " overstrike " to " .

On page 4 , line 21 , after " prescription " insert " of medications " .

On page 5 , line 16 , after " Prescription " insert " of appropriate medications " .

And that as so amended said bill do pass.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1123, 1140, and 1204 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1071 and 1169 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 Local Government respectfully reports that it has had under consideration HB 1122 and returns the same with the recommendation that said bill be amended as follows:

1122ta

On page 1 , line 6 of the House Local Government committee engrossed bill , after " removes any " insert " unattended " .

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

Respectfully submitted,
Arlene H. Ham, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1074.

Respectfully,
Karen Gerdes, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1124: FOR AN ACT ENTITLED, An Act to regulate motor vehicle fuel containing methyl tertiary butyl ether.

Was read the second time.

The question being "Shall HB 1124 pass?"

And the roll being called:

HB 1155: FOR AN ACT ENTITLED, An Act to exempt certain not for hire livestock hauling activities from certain motor carrier and commercial vehicle requirements.

Was read the second time.

     The question being "Shall HB 1155 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.

SIGNING OF BILLS

     The President publicly read the title to

     HB 1012: FOR AN ACT ENTITLED, An Act to provide for an increase in legislative per diem.

     HB 1017: FOR AN ACT ENTITLED, An Act to revise certain child welfare agency licenses.

     HB 1036: FOR AN ACT ENTITLED, An Act to to revise certain provisions pertaining to persons with mental illness.

     HB 1043: FOR AN ACT ENTITLED, An Act to revise, repeal, and reenact certain provisions pertaining to persons with developmental disabilities.

     HB 1086: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the care and maintenance of municipal cemeteries.

     HB 1195: FOR AN ACT ENTITLED, An Act to restrict contact between defendant and victim after the commission of assault or stalking.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 20 Introduced by: Senator Halverson and Representatives Diedrich (Larry) and Weber

A LEGISLATIVE COMMEMORATION, Recognizing Mary (Maggie) Peters as the 2000 South Dakota Snow Queen.

WHEREAS, Mary (Maggie) Peters, an esteemed resident of Milbank, South Dakota, and a senior at Milbank High School, earned this title at the state pageant on January 22, 2000, in Aberdeen; and

WHEREAS, Mary (Maggie) Peters was also named "Miss Congeniality" at the same pageant; and

WHEREAS, Mary (Maggie) Peters, the daughter of James and Pat Peters, is also a member of National Honor Society, the 2000 Homecoming Queen at Milbank High School, a football and basketball cheerleader, an active member of her school's band and chorus, and attended Girls' State last summer:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that Mary (Maggie) Peters be congratulated for earning the title of South Dakota Snow Queen for 2000.

Sen. Drake moved that the Senate do now adjourn, which motion prevailed, and at 4:55 p.m. the Senate adjourned.

Patricia Adam, Secretary