Senate Journal 02/10/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 10, 2000

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

     The prayer was offered by the Chaplain, Pastor Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Kristina Strand.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

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

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

Harold Halverson, Chair

Which motion prevailed and the report was adopted.

There being no objection, the Senate proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Rounds moved that HB 1040, 1048, 1059, 1123, 1140 and 1204 be deferred until Friday, February 11, the 24th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1022 and 1025 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1023 and returns the same with the recommendation that said bill be amended as follows:

1023td

On page 1 , line 11 of the House engrossed bill , remove the overstrikes from " ~~after they have~~ " .

On page 1 , line 12 , remove the overstrikes from " ~~been treed by dogs~~ " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1096 and returns the same with the recommendation that said bill be amended as follows:

1096tb

On page 1 , line 6 of the House Agriculture and Natural Resources committee engrossed bill , delete " or pests " .

On page 1 , line 6 , after " law, " insert " or an infestation of the mountain pine beetle " .

1096tta

On page 1 , line 2 of the House Agriculture and Natural Resources committee engrossed bill , delete " and pests " and insert " or the mountain pine beetle " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1150 and returns the same with the recommendation that said bill be amended as follows:

1150tc

On the House Agriculture and Natural Resources committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. There is hereby appropriated from the general fund the sum of two hundred fifty thousand dollars ($250,000), or so much thereof as may be necessary, to the Department of Agriculture for the purpose of conducting a thorough assessment of carbon sequestration potential in the State of South Dakota.

Section 2. The Department of Agriculture may contract for the conduct of the assessment authorized in section 1 of this Act with other state agencies, institutions of the South Dakota Board of Regents, or other private entities.

Section 3. The assessment authorized in section 1 of this Act may use a combination of satellite data, digital elevation mapping data, climatological data, soil data, and other ecological data to assess agricultural lands in South Dakota.

Section 4. The secretary of the Department of Agriculture shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 5. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2001, shall revert in accordance with § 4-8-21.

Section 6. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

1150tta

On page 1 , line 1 of the House Agriculture and Natural Resources committee engrossed bill , delete everything after " to " and insert " authorize an assessment of carbon sequestration potential in South Dakota, to make an appropriation therefor, and to declare an emergency. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1026 and returns the same with the recommendation that said bill be amended as follows:

1026ta

On page 1 , line 14 of the House Agriculture and Natural Resources committee engrossed bill , delete " twenty " and insert " twenty-five " .

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

Respectfully submitted,
Jim B. Dunn, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1092 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 1113, 1116, 1188, 1190, 1192, 1198, 1199, and 1278 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jerry J. Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1015 and 1031 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1193 and returns the same with the recommendation that said bill be amended as follows:

1193ca

On page 1 , line 13 of the printed bill , after " the " insert " daily " .

On page 3 , line 1 , after " to " insert " daily " .

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

Respectfully submitted,
Barbara Everist, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1053, 1139, 1146, 1200, 1202, 1214, 1222, 1229, 1256, 1260, 1266, 1282, 1306, and 1312 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Jim Dunn moved that HB 1150 be referred from the Committee on Agriculture and Natural Resources to the Committee on Appropriations.

Which motion prevailed and the bill was so referred.

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

     Sen. Rounds moved that the vote by which SB 184 was lost be reconsidered.

     The question being on Sen. Rounds' motion that the vote by which SB 184 was lost be reconsidered.

     And the roll being called:

Yeas 23, Nays 12, 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; Moore; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

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

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 184 was up for reconsideration and final passage.

Sen. Rounds moved that SB 184 be placed to precede SB 80 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 141 as found on page 369 of the Senate Journal; also

     State Affairs on SB 85 as found on page 372 of the Senate Journal; also

     Taxation on HB 1037 as found on page 380 of the Senate Journal; also

     Health and Human Services on HB 1028 as found on page 400 of the Senate Journal; also

     Local Government on HB 1122 as found on page 401 of the Senate Journal; also

     State Affairs on HB 1095 as found on page 379 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1004: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions concerning the annual assessment of property.

Was read the second time.

     The question being "Shall HB 1004 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 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 second time.

     The question being "Shall HB 1046 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 1071: FOR AN ACT ENTITLED, An Act to provide for the disposition of certain abandoned, lost, or confiscated bicycles.

Was read the second time.

The question being "Shall HB 1071 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 1128: FOR AN ACT ENTITLED, An Act to revise certain bylaw and quorum provisions regarding cooperatives.

Was read the second time.

     The question being "Shall HB 1128 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 1169: FOR AN ACT ENTITLED, An Act to revise the length of time during which a county board of equalization may hear assessed valuation appeals.

Was read the second time.

The question being "Shall HB 1169 pass?"

And the roll being called:

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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 reconsideration and final passage.

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

     And the roll being called:

     Yeas 23, Nays 12, 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; Moore; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

Nays were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; 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.

SB 80: FOR AN ACT ENTITLED, An Act to provide a tax refund for agricultural production facilities and to revise the eligibility requirements.

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

The question being on Sen. Symens' pending motion that SB 80 be further amended as found on page 353 of the Senate Journal.

     Sen. Halverson moved that Sen. Symens' pending motion that SB 80 be further amended and SB 80 be laid on the table.

     The question being "Shall Sen. Symens' pending motion that SB 80 be further amended and SB 80 be laid on the table?"

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Benson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 80 and the pending amendment were laid on the table.

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.

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

Sen. Jim Dunn moved the previous question.

Which motion prevailed.

The question being "Shall SB 100 pass as amended?"

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; Reedy; Staggers; Symens; Valandra

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

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

Sen. Rebecca Dunn announced her intention to reconsider the vote by which SB 100 was lost.

Pursuant to Chapter 17 of the Joint Rules, SB 100 was up for reconsideration.

Sen. Rebecca Dunn moved that SB 100 be immediately reconsidered.

Which motion prevailed and SB 100 was up for immediate reconsideration.

     The question being on Sen. Rebecca Dunn's motion that the vote by which SB 100 was lost be reconsidered.

     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; Reedy; Staggers; Symens; Valandra

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

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

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

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

     The question being "Shall SB 182 pass?"

     And the roll being called:

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

     Yeas were:
Dunn (Rebecca); Duxbury; Hutmacher; Kloucek; Lange; Moore; Reedy; Staggers; Symens; Valandra

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

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

Sen. Symens' moved that SB 182 be immediately reconsidered.

The question being on Sen. Symens' motion that the vote by which SB 182 was lost be reconsidered.

     And the roll being called:

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

     Yeas were:
Brosz; Dennert; Drake; Dunn (Rebecca); Duxbury; Flowers; Frederick; Ham; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Staggers; Symens; Valandra; Whiting

Nays were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dunn (Jim); Everist; Hainje; Halverson; Kleven; Madden; Munson (David); Paisley; Rounds; Shoener; Vitter

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 182 was up for reconsideration and final passage.

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

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

182oa

Sen. Symens moved that SB 182 be amended as follows:

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

" Section 7. That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

There is established on a person's private agricultural property, as defined by § 10-6-31.3, which is inundated by water or frozen water, a water no-use zone in and on the water or frozen water inundating the person's private property not to exceed six hundred sixty feet from that person's occupied dwelling. No person may enter or use the water or frozen water within the water no-use zone without permission of the owner or lessee of the property. A violation of this section is a Class 2 misdemeanor. If the owner or lessee of the inundated property gives notice of the water no-use zone by marking the location of the zone by placement of conspicuous and stationary posts, signs, markers, or buoys in the water or frozen water inundating the owner's or lessee's property and a person is convicted of knowingly entering or using the no-use zone for the purposes of hunting, fishing, or trapping, the person's hunting, fishing, or trapping privileges shall be revoked pursuant to § § 41-6-74.1 and 41-6-74.2. "

Which motion prevailed and SB 182 was so amended.

Sen. Arnold Brown moved the previous question.

Which motion prevailed.

     The question being "Shall SB 182 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 12, Excused 0, Absent and Not Voting 0

     Yeas were:
Benson; Brosz; Dennert; Drake; Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Albers; Bogue; Brown (Arnold); Daugaard; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Madden; Rounds; Shoener

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. Symens moved that the title to SB 182 be amended as follows:

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " establish certain no-use zones on inundated lands and penalties for violating such zones. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 27: FOR AN ACT ENTITLED, An Act to appropriate funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs.

Was read the second time.

     The question being "Shall SB 27 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Bogue

Excused were:
Halverson

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 31: FOR AN ACT ENTITLED, An Act to require the use of safety belts by passenger vehicle occupants under eighteen years of age and to revise certain provisions regarding enforcement of the seat belt requirement.

Was read the second time.

Sen. Duxbury moved the previous question.

Which motion prevailed.

     The question being "Shall SB 31 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent and Not Voting 0

     Yeas were:
Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Ham; Lange; Lawler; Munson (David); Paisley; Reedy; Symens; Vitter

Nays were:
Albers; Benson; Bogue; Drake; Dunn (Jim); Frederick; Halverson; Hutmacher; Kleven; Kloucek; Madden; Moore; Olson; Rounds; Shoener; Staggers; Valandra; Whiting

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

     Sen. Lawler announced his intention to reconsider the vote by which SB 31 was lost.

     Sen. Lawler moved that the vote by which SB 31 was lost be reconsidered.

     The question being on Sen. Lawler's motion that the vote by which SB 31 was lost be reconsidered.

     And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0

Yeas were:
Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Ham; Hutmacher; Kloucek; Lange; Lawler; Munson (David); Paisley; Reedy; Symens; Vitter; Whiting

Nays were:
Albers; Benson; Bogue; Drake; Dunn (Jim); Frederick; Halverson; Madden; Moore; Olson; Rounds; Shoener; Staggers; Valandra

Excused were:
Kleven

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 31 was up for reconsideration and final passage.

Sen. Lawler moved that the reconsideration of SB 31 be placed to follow SB 206 on today's calendar.

Which motion prevailed and the bill was so placed.

President Pro tempore Halverson now presiding.

SB 41: FOR AN ACT ENTITLED, An Act to authorize expenditures out of the water and environment fund, to amend the state water plan, and to declare an emergency.

Was read the second time.

41bb

Sen. Hutmacher moved that SB 41 be further amended as follows:

On page 2 , after line 25 of the printed bill , insert:

" Section 6. There is hereby appropriated from the South Dakota water and environment fund established pursuant to § 46A-1-60, the sum of forty thousand dollars ($40,000), or so much thereof as may be necessary, to the South Dakota Conservancy District for the purpose of providing a loan to local project sponsors to be used to implement the Lake Andes Wagner Irrigation Project authorized in § 46A-1-13.6. Funds shall be provided according to terms and conditions established by the Board of Water and Natural Resources. "

Sen. Dennert requested a roll call vote.

Which request was supported.

The question being on Sen. Hutmacher's motion that SB 41 be further amended.

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Moore

So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

The question now being "Shall SB 41 pass as amended?"

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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Moore

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 63: FOR AN ACT ENTITLED, An Act to clarify that the locality in which a person is apprehended for underage possession or consumption of alcoholic beverages has jurisdiction over the offense.

Was read the second time.

     The question being "Shall SB 63 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 85: FOR AN ACT ENTITLED, An Act to 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.

Was read the second time.

85oe

Sen. Rounds moved that SB 85 be further amended as follows:

On page 2 , line 5 of the Senate State Affairs committee engrossed bill , delete " on January 1, 2000, " and insert " , supplemented, or restated " .

On page 4 , line 10 , after " authority " delete " shall " and insert " may " .

On page 6 , line 23 , delete " may not " and insert " shall not have the authority to " .

On page 10 , line 19 , after " invested " insert " in permitted investments and otherwise " .

On page 10 , line 24 , after " invested " insert " in permitted investments and otherwise " .

Which motion prevailed and SB 85 was so amended.

85od

Sen. Rounds moved that SB 85 be further amended as follows:

On page 10 , after line 25 of the Senate State Affairs committee engrossed bill , insert:

" Section 23. The Legislature hereby finds and declares that the state has a public purpose and goal of reduction of smoking and improvement of the public health of its citizens which purpose and goal may generally result in a direct or indirect reduction of tobacco consumption and the potential reduction of tobacco settlement revenues. The Legislature hereby further declares that it is a valid governmental purpose and in the best interest of the state and its citizens to transfer the investment risks inherent in the master settlement agreement, including the risk described above in this section, to third parties by a sale, conveyance, or other transfer of all or a portion of the state's right, title, and interest in the right to receive or collect state tobacco revenues under, in connection with or with respect to the master settlement agreement and the issuance of bonds to finance such a transaction. "

Which motion prevailed and SB 85 was so amended.

Sen. Rounds moved that the Senate do now recess until 5:30 p.m., which motion prevailed and at 5:05 p.m., the Senate recessed.

RECESS

The Senate reconvened at 5:30 p.m., President Pro tempore Halverson presiding.

     Sen. Rounds moved that the rules be suspended for the sole purpose of deferring SB 85 to Monday, February 14, the 25th legislative day.

     The question being on Sen. Rounds' motion that the rules be suspended for the sole purpose of deferring SB 85 to Monday, February 14, the 25th legislative day.

     And the roll being called:

Yeas 33, Nays 1, 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Moore

Excused were:
Brosz

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and the bill was so deferred.

SB 141: FOR AN ACT ENTITLED, An Act to establish the South Dakota Corrections Committee and a monitor within the juvenile corrections system.

Was read the second time.

141me

Sen. Whiting moved that SB 141 be further amended as follows:

On page 4 , after line 12 of the Senate State Affairs committee engrossed bill , insert:

" Section 11. For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under this Act, no disclosure of the identity of any individual shall be required where otherwise prohibited by law. "

Which motion prevailed and SB 141 was so amended.

141mf

Sen. Hutmacher moved that SB 141 be further amended as follows:

On page 4 , line 11 of the Senate State Affairs committee engrossed bill , after " seeking " insert " American Correctional Association " .

Which motion prevailed and SB 141 was so amended.

The question being "Shall SB 141 pass as amended?"

     And the roll being called:

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

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

Nays were:
Dennert; Drake; Dunn (Rebecca); Lawler; Reedy

Excused were:
Brosz

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 181: FOR AN ACT ENTITLED, An Act to award high school diplomas to certain veterans of World War II.

Was read the second time.

     The question being "Shall SB 181 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0

     Yeas were:
Benson; Brosz; Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Hutmacher; Kleven; Kloucek; Lange; Moore; Munson (David); Olson; Reedy; Staggers; Valandra; Vitter

Nays were:
Albers; Bogue; Brown (Arnold); Drake; Dunn (Jim); Frederick; Halverson; Ham; Madden; Paisley; Rounds; Shoener; Symens; Whiting

Excused were:
Lawler

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. Kloucek moved that the title to SB 181 be amended as follows:

On page 1 , line 1 of the Senate Education committee engrossed bill , after " award " insert " honorary " .

Which motion prevailed and the title was so amended.

SB 196: FOR AN ACT ENTITLED, An Act to amend the General Appropriations Act for fiscal year 2000.

Was read the second time.

     The question being "Shall SB 196 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 2, 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); Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Olson; 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.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1010, 1047, 1057, 1070, 1073, 1079, 1148, 1176, 1191, 1197, 1205, 1213, 1246, 1251, 1255, 1300, and 1315 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

There being no objection, the Senate proceeded to Order of Business No. 13.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1010: FOR AN ACT ENTITLED, An Act to revise certain procedures for the formation and adjustment of boundaries of certain special districts.

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

HB 1047: FOR AN ACT ENTITLED, An Act to appropriate money for the USS South Dakota Battleship Memorial.

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

HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of optometry.

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

HB 1057: FOR AN ACT ENTITLED, An Act to create the South Dakota education savings plan.

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

HB 1070: FOR AN ACT ENTITLED, An Act to extend residency status to certain students for purposes of higher education tuition.

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

HB 1073: FOR AN ACT ENTITLED, An Act to permit assessments based on benefits.

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

HB 1079: FOR AN ACT ENTITLED, An Act to appropriate money for grants to school districts to implement programs designed to improve student achievement.

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

HB 1139: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

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

HB 1146: FOR AN ACT ENTITLED, An Act to provide a procedure for the collection of delinquent taxes on leased sites and to revise the notice and publication of delinquent taxes.

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

HB 1148: FOR AN ACT ENTITLED, An Act to appropriate money to expand the intensive juvenile probation program of the Unified Judicial System.

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

HB 1176: FOR AN ACT ENTITLED, An Act to authorize the Department of Health to promulgate rules regarding the privacy of medical records.

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

HB 1191: FOR AN ACT ENTITLED, An Act to revise the number of temporary on-sale licenses that may be issued by municipalities.

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

HB 1197: FOR AN ACT ENTITLED, An Act to exempt mentally retarded persons from the death penalty and to provide for a determination of mental retardation in such cases.

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

HB 1200: FOR AN ACT ENTITLED, An Act to require criminal background checks of school employees and to prohibit employment of certain persons in schools.

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

HB 1202: FOR AN ACT ENTITLED, An Act to provide a procedure for vehicle traffic when the traffic control lights are malfunctioning or inoperable.

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

HB 1205: FOR AN ACT ENTITLED, An Act to revise certain requirements for moving mobile homes or manufactured homes.

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

HB 1213: FOR AN ACT ENTITLED, An Act to provide for an appeal of valuation decisions of the secretary of revenue and for the recovery of certain expenses.

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

HB 1214: FOR AN ACT ENTITLED, An Act to revise certain segments of the state trunk highway system.

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

HB 1222: FOR AN ACT ENTITLED, An Act to revise the motor fuel tax distribution to the Department of Game, Fish and Parks.

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

HB 1229: FOR AN ACT ENTITLED, An Act to designate kuchen as the official state dessert.

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

HB 1246: FOR AN ACT ENTITLED, An Act to exempt certain transfers of property used for agricultural or business purposes from the inheritance tax.

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

HB 1251: FOR AN ACT ENTITLED, An Act to require secondary schools to offer parenting classes for academic credit.

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

HB 1255: FOR AN ACT ENTITLED, An Act to create the South Dakota Science and Technology Council.

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

HB 1256: FOR AN ACT ENTITLED, An Act to revise the time for assigning commissioner responsibilities in municipalities operating under the commissioner form of government.

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

HB 1260: FOR AN ACT ENTITLED, An Act to increase the authorized number of nonresident waterfowl hunting licenses.

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

HB 1266: FOR AN ACT ENTITLED, An Act to increase marriage license fees and to allow for a lower fee if the applicants complete premarital counseling.

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

HB 1282: FOR AN ACT ENTITLED, An Act to prohibit persons other than physicians from performing or assisting at certain medical tasks for the purpose of performing or inducing abortions.

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

HB 1300: FOR AN ACT ENTITLED, An Act to create an office of agricultural policy.

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

HB 1306: FOR AN ACT ENTITLED, An Act to prospectively apply the annual increase in workers' compensation benefits to certain disabilities.

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

HB 1312: FOR AN ACT ENTITLED, An Act to exempt the gross receipts from certain events or activities sponsored by nonprofits for the benefit of homeless persons.

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

HB 1315: FOR AN ACT ENTITLED, An Act to authorize use of special education funds for initiatives at the South Dakota School for the Blind and the Visually Impaired and the South Dakota School for the Deaf.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 206: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding liability for the bank franchise tax.

Was read the second time.

     The question being "Shall SB 206 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); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Lange; Lawler; Madden; Moore; Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Kloucek

Excused were:
Kleven; Munson (David)

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 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.

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

     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.

     HB 1074: FOR AN ACT ENTITLED, An Act to revise municipal special assessment provisions.

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

     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.

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

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

     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.

     And signed the same in the presence of the Senate.

The Senate adjourned today to convene at 1:00 p.m. on Friday, February 11, the 24th legislative day, pursuant to an earlier verbal order (S2-3).

Sen. Olson moved that the Senate do now adjourn, which motion prevailed, and at 6:25 p.m. the Senate adjourned.

Patricia Adam, Secretary