JOURNAL OF THE SENATE
THIRTIETH DAY
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 22, 2000
The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of
Allegiance led by Senate page Jessica Buchholz.
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-ninth 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
Madam President and Members of the Senate:
I have the honor to inform you that I have approved SB 13, 146, 147, 149, and 174, and
the same has been deposited in the office of the Secretary of State.
Respectfully submitted,
William J. Janklow
Governor
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1056 and returns the same with the recommendation that said bill be amended as follows:
1056pb
On the House State Affairs committee engrossed bill,
delete everything after the enacting
clause and insert:
"
Section 1. That chapter 28-7A be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Social Services shall implement a combination work and education
activity for recipients of the temporary assistance for needy families program who qualify under
the provisions of this Act. This combination work and education activity is limited to twenty-
four months and must be directed towards a goal of employment that leads to self-sufficiency.
Section 2. That chapter 28-7A be amended by adding thereto a NEW SECTION to read as
follows:
The education component of the combination work and education activity must meet the
following criteria:
(1) Must be an undergraduate postsecondary educational program at an institution
accredited by the North Central Association of Colleges and Secondary Schools;
(2) Must result in a marketable skill directly related to employment;
(3) Must be related to the available employment demands and opportunities in the
recipient's labor market.
Section 3. That chapter 28-7A be amended by adding thereto a NEW SECTION to read as
follows:
The recipient of the temporary assistance for needy families program must meet the
following criteria to be approved for the work and education activity under the provisions of this
Act:
(1) Must be enrolled in a postsecondary education program for a minimum of twelve
credit hours. Credit hours to meet the requirement of this subdivision may not exceed
fifteen;
(2) Must meet the admission requirements established by the institution;
(3) Must maintain a 2.5 grade point average; and
(4) Must have a combination of work hours and classroom hours that meet the work
participation requirements of the state's temporary assistance for needy families
program.
Section 4. That chapter 28-7A be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Social Services may limit the number of participants in the work and
education activity to meet the requirements under the state's temporary assistance for needy
families program.
Section 5. That chapter 28-7A be amended by adding thereto a NEW SECTION to read as
follows:
The department may promulgate rules pursuant to chapter 1-26 for the administration of this
Act. Rules may include the following:
(1) Employability assessment, work activities, and supportive services;
(2) Conditions of continued eligibility, eligibility time limits, eligibility recertification
periods, and exemptions;
(3) Program participation requirements, criteria for disqualification, and good cause
exemptions;
(4) Limits on the number of participants; and
(5) Such other rules and standards of operation and administration within the mandate
of this Act as may be necessary or desirable to qualify for federal financial
participation.
"
1056pta
On page
1
,
line
1 of the House State Affairs committee engrossed bill
,
delete everything
after "
to
"
and insert "
establish a combination work and education activity for recipients under
the state's temporary assistance for needy families program.
"
On page 1, delete line 2.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1057 and returns the same with the recommendation that said bill be amended as follows:
1057ta
On the House engrossed bill,
delete everything after the enacting clause and insert:
"
Section 1. Terms used in this Act mean:
(1) "Account," an individual trust account or savings account established pursuant to this
Act;
(2) "Account owner," the person designated at the time an account is opened as having
the right to withdraw moneys from the account before the account is disbursed to or
for the benefit of the designated beneficiary;
(3) "Department," the Department of Education and Cultural Affairs;
(4) "Designated beneficiary" or "beneficiary," with respect to an account, the person
designated at the time the account is opened, or the person who replaces a designated
beneficiary, as the person whose education expenses are expected to be paid from the
account;
(5) "Eligible education institution," as that term is defined in 26 U.S.C. sec. 135(c)(3),
as amended to January 1, 2000;
(6) "Financial institution," any South Dakota state agency not prohibited by state or
federal law from serving in the capacity of a financial entity as intended by the terms
of this Act, or any state bank, state trust company, industrial bank, savings and loan
association, credit union chartered by the State of South Dakota, national bank,
broker-dealer, mutual fund, insurance company, or other similar financial entity
qualified to do business in the State of South Dakota;
(7) "Internal revenue code," the federal "Internal Revenue Code of 1986", as amended
to January 1, 2000;
(8) "Manager," a financial institution under contract with the department to serve as
administrator of the program and recipient of contributions on behalf of the program;
(9) "Member of the family," as that term is defined in 26 U.S.C. sec. 529(e)(2), as
amended to January 1, 2000;
(10) "Nonqualified withdrawal," a withdrawal from an account other than a qualified
withdrawal or a rollover or change of designated beneficiary;
(11) "Program," the college savings program established pursuant to this Act;
(12) "Qualified higher education expenses," as that term is defined in 26 U.S.C. sec.
529(e)(3), as amended to January 1, 2000; and
(13) "Qualified withdrawal," a withdrawal from an account to pay the qualified higher
education expenses of the designated beneficiary of the account, a withdrawal made
on account of the death or disability of the designated beneficiary, or a withdrawal
made on account of a scholarship, but only if the withdrawal is made in accordance
with this Act.
Section 2. The Department of Education and Cultural Affairs shall promulgate rules
pursuant to chapter 1-26 to design, develop, and implement the college savings program and the
policies related to the program consistent with this Act. The department shall approve any plan
for promoting the program developed by a manager, as provided in subdivision (6) of section
10 of this Act. The rules shall interpret the provisions of this Act broadly and shall include
policies and procedures:
(1) Governing the withdrawal of funds, including provisions that will enable the
department or the manager to determine whether a withdrawal is a nonqualified
withdrawal or a qualified withdrawal;
(2) To enable account owners and beneficiaries and the program to obtain or maintain
federal income tax benefits or treatment provided by section 529 of the Internal
Revenue Code and exemptions under federal securities laws;
(3) Governing the charging and collecting of administrative fees and service charges as
provided in this Act;
(4) Governing the changing of designated beneficiaries.
Section 3. No contributions may be made on behalf of a designated beneficiary in excess
of those necessary to pay the qualified higher education expenses of the designated beneficiary.
Section 4. Every contract, application, deposit slip, or other similar document that is used
in connection with a contribution to an account shall clearly indicate that the account is not
insured by this state and neither the principal deposited nor the investment return is guaranteed
by the state.
Section 5. The Department of Education and Cultural Affairs may:
(1) Retain the professional services of accountants, auditors, consultants, and other
experts necessary to implement and develop the program;
(2) Seek rulings and other guidance from the United States Department of the Treasury,
the Internal Revenue Service, and the Securities and Exchange Commission relating
to the program as is necessary for proper implementation and development of the
program;
(3) Charge and collect administrative fees and service charges in connection with any
agreement, contract, or transaction relating to the program in amounts not exceeding
the cost of establishing and maintaining the program; and
(4) Approve the application and review, for purposes of compliance with applicable laws
and regulations, of any informational materials utilized by the manager to be
furnished to persons who desire to participate in the program established in this Act.
Section 6. The Department of Education and Cultural Affairs may contract with one or more
financial institutions to act as managers for the investment of contributions deposited in the
accounts or otherwise in stocks, bonds, mutual funds, and other such investments as deemed
appropriate by the department. In so doing, the department is bound by fiduciary duty and shall
ensure that investments by the managers are made with judgment and care which persons of
prudence, discretion, and intelligence exercise in the management of the property of another,
not in regard to speculation but in regard to the permanent disposition of funds, considering the
probable income as well as the probable safety of capital. The funds contributed to the accounts
established by account owners pursuant to this Act are held in trust by the department and the
manager for the sole benefit of the account owner and beneficiary. These contributions are not
subject to any limitations on the investment or spending of public funds.
Section 7. The Department of Education and Cultural Affairs shall implement the program
through the use of one or more financial institutions to act as managers. Under the program,
potential account owners may establish accounts through the program at the financial institution.
The department shall solicit proposals from financial institutions to act as the recipients of
contributions and managers.
Section 8. The department shall select from among bidding financial institutions one or
more financial institutions that demonstrate the most advantageous combination to account
owners and beneficiaries, based on the following factors:
(1) Financial stability and integrity;
(2) The ability of the financial institution, directly or through a subcontract, to satisfy
record-keeping and reporting requirements;
(3) The financial institution's plan for promoting the program and the investment that the
financial institution is willing to make in order to promote the program;
(4) The historic ability of the investment instruments utilized by the financial institution
to track the estimated costs of higher education as calculated by the United States
Department of Education;
(5) The fees, if any, proposed to be charged to account owners for maintaining accounts;
(6) The minimum initial cash contribution and minimum contributions that the financial
institution will require, and the willingness of the financial institution to accept
contributions through payroll deduction plans or systematic deposit plans; and
(7) Any other benefits to the state or to its residents included in the proposal, including
an account opening fee payable to the department by the account owner.
Section 9. The department may select more than one financial institution for the program
if the United States Internal Revenue Service has provided guidance that giving a contributor
a choice of two or more financial institutions will not cause the program to fail to qualify for
favorable tax treatment under section 529 of the Internal Revenue Code, and the department
concludes that the choice of two or more financial institutions is in the best interest of account
owners and beneficiaries and will not interfere with the promotion of the program.
Section 10. A manager shall:
(1) Take all actions required to keep the program in compliance with the requirements
of this Act and to ensure that the program is treated as a qualified state tuition plan
under section 529 of the Internal Revenue Code, and to ensure that the program is
exempt from registration under the federal securities law;
(2) Keep adequate and separate records of each account and provide the department with
the information necessary to prepare the reports required by section 529 of the
Internal Revenue Code, or file these reports on behalf of the department;
(3) Compile and total information contained in statements required to be prepared
pursuant to section 21 of this Act and provide these compilations to the department;
(4) Provide representatives of the department access to the books and records of the
manager to the extent needed to determine compliance with the contract;
(5) Hold all accounts in trust for the sole benefit of the account owner and beneficiary
on behalf of the program, acting in a fiduciary capacity and making investments with
judgment, care, and prudence; and
(6) Develop a plan to promote the program and, after approval of the plan by the
department as provided in section 2 of this Act, promote the program in accordance
with the plan.
Section 11. Any contract executed between the department and a financial institution
pursuant to this Act shall be for a term of at least five years and is renewable.
Section 12. If a contract executed between the department and a financial institution
pursuant to this Act is not renewed, all of the following conditions apply at the end of the term
of the nonrenewed contract, if these conditions do not disqualify the program as a qualified state
tuition plan under section 529 of the Internal Revenue Code:
(1) The department shall continue to maintain the program at the financial institution;
(2) Accounts previously established at the financial institution may not be terminated,
except as provided in subdivision (5) of this section or as provided in section 13 of
this Act;
(3) Additional contributions may be made to the accounts;
(4) No new accounts may be placed with that financial institution; and
(5) If the department determines that continuing the accounts at the financial institution
is not in the best interest of the account owners or beneficiaries, the accounts may be
transferred to another financial institution under contract with the department.
Section 13. The department may terminate a contract with a financial institution at any time.
If a contract is terminated pursuant to this section, the department shall take custody of accounts
held at that financial institution and shall promptly transfer the accounts to another financial
institution that is selected as a manager and into investment instruments as similar to the
original investments as possible pursuant to the guidelines established in section 18 of this Act.
Section 14. The program shall be operated through the use of accounts. Any person who
desires to save for the qualified higher education expenses of a potential beneficiary may open
an account by satisfying each of the following requirements:
(1) Completing an application in the form prescribed by the financial institution and
approved by the department. The application shall include the following information:
(a) The name, address, and social security number or employer identification
number of any person that contributes to the account;
(b) The name, address, and social security number or employer identification
number of the account owner;
(c) The name, address, social security number or employer identification number,
and date of birth of the designated beneficiary;
(d) A certification from the contributor that states that to the best of the
contributor's knowledge, the account balance for the designated beneficiary
in all qualified state tuition programs, as defined in section 529 of the Internal
Revenue Code, does not exceed the greater of either a maximum college
savings amount established by the department or the cost in current dollars of
qualified higher education expenses that the contributor reasonably anticipates
the designated beneficiary will incur; and
(e) Any other information that the department may deem necessary; and
(2) Making the minimum contribution required by the financial institution to open an
account.
Section 15. Any person may make contributions to an account, consistent with the terms
established by the department, after the account is opened. Contributions to accounts may be
made in cash only. Account owners may withdraw all or part of the balance from an account
upon giving sixty days' notice, or upon such shorter period as may be authorized by the
department in rules promulgated by the department pursuant to chapter 1-26, including any
applicable fees and penalties. An account owner may change the designated beneficiary of an
account to an individual who is a member of the family or former designated beneficiary in
accordance with procedures established by the department in rules promulgated pursuant to
chapter 1-26. At the direction of the account owner, all or a portion of an account may be
transferred to another account if the designated beneficiary of the transferee account is a
member of the family of the designated beneficiary of the transferor account. Changes in
designated beneficiaries and rollovers under this section are not permitted if the changes or
rollovers would violate rules related to excess contributions or rules related to investment
choice.
Section 16. In the case of any nonqualified withdrawal from an account, an amount that
would constitute more than a de minimis penalty, as determined by the department in
accordance with section 529 of the Internal Revenue Code, shall be withheld as a penalty from
the amount withdrawn or from funds remaining in the account and paid to the department for
use in operating the program and for state student financial aid. If an account owner makes a
nonqualified withdrawal and no penalty amount is withheld, or if the amount withheld is less
than the amount required to be withheld pursuant to this section for nonqualified withdrawals,
the account owner shall pay the unpaid portion of the penalty to the department on or before
April fifteenth of the following tax year.
Section 17. Each account shall be accounted for separately from all other accounts under the
program. Separate records and accounting shall be maintained for each account for each
designated beneficiary. If prohibited by federal law, no contributor to, account owner of, or
designated beneficiary of any account may direct the investment of any contribution to an
account or the earnings from the account.
Section 18. If the department terminates the contract of a financial institution to hold
accounts and accounts are moved from that financial institution to another financial institution,
the department shall select the financial institution to which the balances of the accounts are
moved.
Section 19. Neither an account owner nor a designated beneficiary may use an interest in
an account as a security for a loan. Any pledge of an interest in an account is of no force and
effect.
Section 20. If there is any distribution from an account to any person or for the benefit of
any person during the calendar year, the distribution shall be reported to the United States
Internal Revenue Service and to the account owner and the designated beneficiary to the extent
required by federal law.
Section 21. The manager shall provide statements to each account owner at least once each
year, within thirty-one days after the end of the calendar year. The statement shall identify the
contributions made during the preceding reporting period, the total contributions made through
the end of the reporting period, the value of the account as of the end of the reporting period,
withdrawals made during the reporting period, and any other matters that the department
requires to be reported to the account owner. Statements and information returns relating to
accounts shall be prepared and filed to the extent required by federal or state tax law.
Section 22. Nothing in this Act:
(1) Gives any designated beneficiary any rights or legal interest with respect to an
account unless the designated beneficiary is the account owner;
(2) Guarantees that a designated beneficiary will be admitted to an education institution
or be allowed to continue enrollment at or graduate from an education institution;
(3) Establishes state residency for a beneficiary merely because of the designation as a
designated beneficiary; or
(4) Guarantees that amounts saved pursuant to the program will be sufficient to cover the
qualified higher education expenses of a designated beneficiary.
Section 23. Nothing in this Act establishes any obligation of the State of South Dakota or
any agency or instrumentality of the State of South Dakota to guarantee for the benefit of any
owner, contributor to an account, or designated beneficiary any of the following:
(1) The return of any amounts contributed to an account;
(2) The rate of interest or other return on any account;
(3) The payment of interest or other return on any account; or
(4) Tuition rates or the cost of related education expenditures.
Section 24. Nothing in this Act indicates that any account is insured by the State of South
Dakota or that the principal deposited or investment return is guaranteed by the State of South
Dakota.
Section 25. Both resident and nonresident account owners and designated beneficiaries are
eligible to participate in and benefit from the college savings program.
Section 26. That
§
13-55E-1
be repealed.
13-55E-1.
Terms used in this chapter mean:
(1)
"Advance payment contract," a contract entered into by the executive director and a
purchaser pursuant to this chapter to provide for the higher education of a
beneficiary;
(2)
"Beneficiary," the person designated within the advance payment contract to receive
tuition, room and board, or tuition only at a state-supported institution of higher
education;
(3)
"Executive director," the executive director of the Board of Regents;
(4)
"Institution of higher education," any state-supported university;
(5)
"Purchaser," any person obligated to make an advance payment of tuition, room and
board, or tuition only costs on behalf of a beneficiary pursuant to an advance
payment contract;
(6)
"Room and board costs," the amount assessed for lodging and regularly scheduled
meals provided to students pursuant to a contract for room and board with an
institution of higher education;
(7)
"Tuition costs," the amount assessed for full-time enrollment at an institution of
higher education including mandatory fees imposed upon all full-time students as a
condition of enrollment.
Section 27. That
§
§
13-55E-2 to 13-55E-13, inclusive, be repealed.
"
1057ze
In Section 19 of the previous amendment (1057ta), after "effect." insert "An account
created pursuant to this Act may not be used to satisfy creditors and is exempt from judgment
lien and from all mesne or final process from any court."
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1148 and 1292 which were tabled.
Respectfully submitted,
Randy D. Frederick, Chair
Also
MADAM PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1206 and returns the same with the recommendation that said bill be amended as follows:
1206oa
On the House Judiciary committee engrossed bill,
delete everything after the enacting
clause and insert:
"
Section
1.
That
§
32-22-55
be amended to read as follows:
32-22-55.
Any person who is convicted of the offense of operating a motor vehicle upon the
public highways of this state with weight upon any wheel, axle, or groups of axles or upon more
than one thereof greater than the maximum permitted by
§
§
32-22-2 to 32-22-33, inclusive,
32-22-47
,
and 32-22-48
shall be fined in addition to, and not in substitution for, any other
penalties now provided by law for such offense
, in addition to any criminal penalty provided
by law for such offense, shall be assessed a civil penalty
in the following amounts:
(1)
In an amount equal to five cents per pound for each pound of such excess or
combined excess weight over one thousand pounds if such excess is three thousand
pounds or less
.
;
(2)
In an amount equal to fifteen cents per pound for each pound of such excess or
combined excess weight if such excess exceeds three thousand pounds and is four
thousand pounds or less
.
;
(3)
In an amount equal to twenty-two and one-half cents per pound for each pound of
such excess or combined excess weight if such excess exceeds four thousand pounds
and is five thousand pounds or less
.
;
(4)
In an amount equal to thirty-seven and one-half cents per pound for each pound of
such excess or combined excess weight if such excess is more than five thousand
pounds.
The
fine
civil penalty
schedule in this section is assessed at a single rate according to the
cents per pound penalty for the highest weight violation.
Fifty percent of any civil penalty
collected pursuant to this section shall be deposited in the local government highway and bridge
fund as created in
§
32-11-34. Fifty percent of any civil penalty collected pursuant to this
section shall be transmitted to the county treasurer of the county in which the civil penalty was
collected to be distributed among and between all of the public schools in such county in
proportion to the average daily membership of children residing in the school districts as
certified by the division of education services and resources.
Section
2.
That
§
23A-27-25
be amended to read as follows:
23A-27-25.
All fines and pecuniary penalties, other than forfeitures provided for in
§
23A-43-23, costs as provided in
§
§
23-3-52, 23A-27-26
,
and 23A-27-27, restitution and civil
penalties assessed under the state's
overweight vehicle and
environmental laws, for the violation
of any state law, when collected, shall be paid into the treasury of the proper county, the net
proceeds of which shall be applied and used each year for the benefit of the public schools of
this state.
"
1206ota
On page
1
,
line
1 of the House Judiciary committee engrossed bill
,
delete everything after
"
to
"
and insert "
establish certain civil penalties for overweight vehicle violations and to provide
for the disposition of the civil penalties.
"
.
On page
1
,
delete line
2
.
1206oc
On the House Judiciary committee engrossed bill,
delete everything after the enacting
clause and insert:
"
Section 1. The amended provisions of HB 1074, previously passed by the Seventy-Fifth
Session of the South Dakota Legislative Assembly, are hereby repealed.
"
1206otc
On page
1
,
line
1 of the House Judiciary committee engrossed bill
,
delete everything after
"
to
"
and insert "
repeal revisions to certain municipal special assessment provisions.
"
.
On page
1
,
delete line
2
.
And that as so amended said bill do pass.
Respectfully submitted,
David R. Munson, Chair
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 6, 7, 9, 11, 14, 15,
17, 20, 34, 35, 37, 38, 42, 44, 45, 48, 52, 55, 56, 62, 74, 75, 78, 79, 83, 84, 86, 92, 94, 98, 99,
103, 111, 117, 140, 151, 154, 163, 167, 172, 178, 187, 190, 191, 193, 200, and 201 were
delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 22, 2000.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 1, 8, 16, 29, 33, 46,
47, 59, 61, 97, 122, 153, 171, and 176 were delivered to his Excellency, the Governor, for his
approval at 10:15 a.m., February 22, 2000.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 12, 96, 152, 181, 205, and 206 and finds the same
correctly enrolled.
Respectfully submitted,
Harold Halverson, Chair
The President publicly read the title to
SB 12:
FOR AN ACT ENTITLED, An Act to
provide for a conservation easement for
certain state lands.
SB 96:
FOR AN ACT ENTITLED, An Act to
regulate motor vehicle service contracts.
SB 152:
FOR AN ACT ENTITLED, An Act to
provide a financial institution with an
insurable interest with reference to personal insurance.
SB 181:
FOR AN ACT ENTITLED, An Act to
award honorary high school diplomas to
certain veterans of World War II.
SB 205:
FOR AN ACT ENTITLED, An Act to
provide management authority to the
Department of Game, Fish and Parks over certain property being acquired from the United
States.
SB 206:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding liability
for the bank franchise tax.
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.
HB 1052:
FOR AN ACT ENTITLED, An Act to
codify the legislation passed in 1999.
HB 1099:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions relating to the
privileges of doctors of chiropractic.
HB 1100:
FOR AN ACT ENTITLED, An Act to
allow certain nurses and physician's
assistants to form limited liability partnerships and limited liability companies.
HB 1101:
FOR AN ACT ENTITLED, An Act to
revise the grounds for revocation or
suspension of an alcoholic beverage license and to provide for the revocation of driving
privileges upon a conviction for unlawful sales or purchases of alcoholic beverages involving
persons under the age of twenty-one.
HB 1126:
FOR AN ACT ENTITLED, An Act to
clarify the provision of municipal water
and sewer services outside of municipal boundaries.
HB 1134:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
issuance of on-sale alcoholic beverage licenses within improvement districts.
HB 1137:
FOR AN ACT ENTITLED, An Act to
exempt real estate licensees from certain
sex offender notification provisions.
HB 1163:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
validity of marriages contracted outside this state.
HB 1194:
FOR AN ACT ENTITLED, An Act to
provide for the issuance of a protection
order in the case of certain crimes of violence or assaults.
HB 1237:
FOR AN ACT ENTITLED, An Act to
authorize additional licenses to sell
alcoholic beverages in certain convention facilities in certain municipalities.
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.
HB 1293:
FOR AN ACT ENTITLED, An Act to
revise the procedure to determine if real
estate taxes have been paid before the date due.
And signed the same in the presence of the Senate.
MESSAGES FROM THE HOUSE
MADAM PRESIDENT:
I have the honor to return herewith SB 30, 51, and 192 which have been amended by the
House and your concurrence in the amendments is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 96, 152, 181, and 206 which have passed the House
without change.
Also MADAM PRESIDENT:
I have the honor to return herewith SCR 1 and 5 in which the House has concurred.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that SB 202 was lost on second reading and
final passage.
Respectfully,
Karen Gerdes, Chief Clerk
Sen. Frederick moved that the Senate do concur in House amendments to SB 104.
The question being on Sen. Frederick's motion that the Senate do concur in House
amendments to SB 104.
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Kloucek; Lange; Madden;
Munson (David); Paisley; Rounds; Shoener; Symens; Vitter; Whiting
Nays were:
Dennert; Duxbury; Flowers; Hutmacher; Lawler; Moore; Olson; Reedy; Staggers; Valandra
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the motion carried and the amendments were concurred in.
Sen. Olson moved that the Committee on Education be instructed to deliver HB 1249 to
the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Sen. Moore moved that the Senate do concur in House amendments to SB 136.
The question being on Sen. Moore's motion that the Senate do concur in House
amendments to SB 136.
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); Olson; Paisley; Reedy; Rounds;
Shoener; Symens; Vitter; Whiting
Nays were:
Staggers; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Friday, Sen. Arnold Brown announced his intention to reconsider the vote by which
HCR 1009 was lost.
Sen. Brown moved that the vote by which HCR 1009 was lost be reconsidered.
The question being on Sen. Brown's motion that the vote by which HCR 1009 was lost be
reconsidered.
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Duxbury;
Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler;
Moore; Munson (David); Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter;
Whiting
Nays were:
Benson; Dunn (Jim); Kloucek; Madden; Olson; Paisley
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1009 was up for reconsideration and final
passage.
Sen. Brown moved that HCR 1009 be placed to follow HCR 1013 on today's calendar.
Which motion prevailed and the resolution was so placed.
HCR 1013:
A CONCURRENT RESOLUTION,
Seeking increased federal funding for the
state animal damage control program.
Was read the second time.
Sen. Bogue moved that HCR 1013 as found on page 486 of the House Journal be concurred
in.
The question being on Sen. Bogue's motion that HCR 1013 be concurred in.
And the roll being called:
Yeas 32, Nays 2, 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;
Symens; Valandra; Vitter; Whiting
Nays were:
Moore; Staggers
Excused were:
Brosz
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1013 was concurred in.
HCR 1009:
A CONCURRENT RESOLUTION,
Urging the extension of South Dakota's
pheasant hunting season through December thirty-first.
Having had its second reading was up for reconsideration and final passage.
Sen. Arnold Brown moved that HCR 1009 as found on page 268 of the House Journal be
concurred in.
The question being on Sen. Brown's motion that HCR 1009 be concurred in.
And the roll being called:
Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0
Yeas were:
Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Everist; Flowers;
Frederick; Hainje; Halverson; Hutmacher; Lange; Lawler; Moore; Munson (David); Reedy;
Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Nays were:
Albers; Benson; Dunn (Jim); Duxbury; Ham; Kleven; Kloucek; Madden; Olson; Paisley;
Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1009 was concurred in.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Wednesday, February 23, the 31st legislative day.
Which motion prevailed.
CONSIDERATION OF REPORTS OF COMMITTEES
Sen. Rounds moved that the reports of the Standing Committees on
Appropriations on HB 1244 as found on page 566 of the Senate Journal; also
State Affairs on HB 1211 as found on page 567 of the Senate Journal; also
State Affairs on HB 1243 as found on page 567 of the Senate Journal; also
State Affairs on HB 1312 as found on page 568 of the Senate Journal; also
Local Government on HB 1215 as found on page 568 of the Senate Journal; also
Taxation on HB 1005 as found on page 569 of the Senate Journal be adopted.
Which motion prevailed and the reports were adopted.
Sen. Valandra moved that the word "not" be stricken from the report of the Committee on
State Affairs on HB 1288 as found on page 578 of the Senate Journal and that HB 1288 be
placed on today's calendar.
The question being on Sen. Valandra's motion that the word "not" be stricken from the
report of the Committee on State Affairs on HB 1288 and that HB 1288 be placed on today's
calendar.
And the roll being called:
Yeas 14, Nays 21, Excused 0, Absent and Not Voting 0
Yeas were:
Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson;
Paisley; Reedy; Staggers; Symens; Valandra
Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim);
Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); 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.
There being no objection, the Senate reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration HB
1255 and returns the same with the recommendation that said bill do pass.
Also MADAM PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration HB
1257 and returns the same with the recommendation that said bill be amended as follows:
1257cf
On the House engrossed bill,
delete everything after the enacting clause and insert:
"
Section 1. The South Dakota Board of Education and the Department of Education and
Cultural Affairs shall work jointly with other state government agencies to ensure that children
enter the K-12 education system ready to learn. The board and the department shall jointly work
to develop standards and practices that ensure that, by the third grade, all children, to the best
of their abilities, have learned fundamental reading, mathematics, language, science, and
technology skills that form the foundation for further learning. The board and the department
shall work together to develop standards and practices that ensure that, by completion of the
twelfth grade, all students, to the best of their abilities, have learned the educational and
personal skills that will allow them to enter adulthood as responsible members of society.
Section 2. The Department of Education and Cultural Affairs shall establish the Advanced
Reading Enhancement Program to assist and strengthen the teaching and learning of reading in
grades one and two. Early intervention reading strategies shall promote growth in word
recognition and comprehension through focused reading and writing activities. The department
shall develop and provide a comprehensive statewide program that will offer technical
assistance to school districts and offer professional development in research-based classroom
practices that allow teachers to analyze instruction, assessment, and achievement, and set goals
for improvement.
Section 3. The Department of Education and Cultural Affairs shall establish a program to
reimburse public school teachers for the application and processing fee for the National Board
for Professional Teaching Standards certification process. The reimbursement shall include any
federal funds that may be available through a candidate subsidy program. The reimbursement
shall be paid upon receipt of documentation that the teacher successfully completed all
certification requirements and was awarded the credential.
In addition to the reimbursement provided pursuant to this section, a teacher who teaches
in a public school and who has obtained certification by the National Board for Professional
Teaching Standards shall receive a payment of two thousand dollars per year for five years. The
stipend shall be paid as follows:
(1) One thousand dollars from the Department of Education and Cultural Affairs;
(2) One thousand dollars from the school district where the teacher is employed.
The Board of Education shall adopt rules, pursuant to chapter 1-26, to establish guidelines
necessary to implement the program.
Section 4. The Department of Education and Cultural Affairs shall research and analyze the
demographics of South Dakota's public education workforce, with an emphasis on the
geographic distribution of K-12 teachers, their years of experience, years until retirement, and
their areas of educational expertise. The department shall also research and analyze teacher
vacancies by geographic location, areas of expertise, and compensation level.
Section 5. There is hereby established an Office of Educational Technology in the
Department of Education and Cultural Affairs. Its exclusive role shall be assisting local school
districts in using educational technology. Its purposes shall include researching, analyzing,
procuring, and distributing programs and methods using educational technology in South
Dakota K-12 schools and classrooms.
Section 6. Pursuant to
§
13-1-12.1, the Board of Education shall examine programs that
prepare and certify school personnel, identify deficiencies, and establish revised standards
designed to deliver more qualified staff to classrooms. The board's review shall identify ways
to streamline the alternative certification process whereby persons holding a bachelor's degree
or higher can be certified to teach in elementary and secondary schools.
Section 7. The Department of Education and Cultural Affairs, the colleges of education at
public universities, and the Board of Education shall jointly examine the teacher preparation and
administrator preparation programs at the public universities. They shall file a report by
November 15, 2000, and deliver it to the Governor, the Legislature, and the Board of Regents.
The report shall describe the programs, explain strengths and deficiencies in the programs, and
recommend actions to improve the programs.
Section 8. That
§
13-16-6.4
be amended to read as follows:
13-16-6.4.
Approval to enter into an agreement or issue capital outlay certificates to which
§
13-16-6.3 applies is subject to a referendum if five percent of the registered voters, based upon
the total number of registered voters at the last preceding general election, petition, within
twenty days thereafter, to have the question of approval or disapproval of the agreement or issue
of capital outlay certificates or the lease-purchase agreement placed upon the ballot at the next
regular election or at a special election called for that purpose. The business manager shall give
notice of the fact that the question will be on the ballot at a regular or special election as
provided by law for school elections and prepare official ballots therefor according to the
provisions of this Title relating to elections and the issue shall be decided by
a majority
sixty
percent
of those voting thereon.
Section 9. That chapter 13-16 be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding the provisions of
§
13-16-26, no school district may transfer more than
thirty thousand dollars in any year from the general fund to the capital outlay fund. Any school
district whose average teacher salary is less than the statewide average teacher salary, as
determined by the Department of Education and Cultural Affairs, in the 1999-2000 school year,
may not transfer any money from the general fund to the capital outlay fund. Any school district
that transferred money in excess of thirty thousand dollars from the general fund to the capital
outlay fund after June 30, 1999, but before July 1, 2000, shall transfer such money back to the
general fund.
Section 10. That chapter 13-16 be amended by adding thereto a NEW SECTION to read as
follows:
The school board of any school district with an ending general fund balance that exceeds
twenty-five percent of its general fund expenditures for the school fiscal year ending June 30,
1999, shall develop an educator salary enhancement plan. The plan shall cover multiple years
and increase salaries for all employees of the school district, except for the salary of the chief
administrator and business manager. The school board shall conduct at least two public hearings
on the plan after having given notice by publication at least twice in its official newspaper at
least ten days before each hearing. Each notice shall clearly state that the purpose of the hearing
is to develop a plan to reduce the school district's general fund balance by providing higher pay
to the school district employees. The first hearing shall be held at the beginning of the plan
development process. The second hearing shall be held upon completion of the plan
development process. The board may not adopt the plan before the second public hearing. The
board shall also publish a summary and details of the plan twice in the district's official
newspaper prior to the second public hearing. The educator salary enhancement plan shall
include the criteria by which the school board will increase salaries. Such criteria shall, at a
minimum, include employee performance, employee skills, employee knowledge, and student
achievement. The criteria may include other factors such as the educational degrees earned or
the number of credit hours attained, but they shall not outweigh employee performance,
employee skills, employee knowledge, and student achievement in determining an individual's
salary enhancement under this plan. The plan, upon approval by the local school board, shall
be filed with the Department of Education and Cultural Affairs.
"
1257ctc
On page
1
,
line
1 of the House engrossed bill
,
delete everything after "
to
"
and insert
"
enhance learning in public schools, reimburse nationally certified teachers, establish an Office
of Education Technology, study the public education workforce, increase the voting requirement
for school district referenda, and limit certain transfers of school funds.
"
On page
1
,
delete line
2
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration HB
1228 and 1249 which were tabled.
Respectfully submitted,
Barbara Everist, Chair
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1174:
FOR AN ACT ENTITLED, An Act to
revise the provisions on the liability of
adjoining property owners for failure to repair or maintain sidewalks.
Having had its second reading was up for consideration and final passage.
1174oa
Sen. Vitter moved that HB 1174 be amended as follows:
On page
1
,
line
9 of the printed bill
,
delete "
owner's duty to repair or
"
and insert "
owner
is also liable to the municipality for any damage caused by the owner's failure
"
.
On page
1
,
line
10
,
delete "
maintain the owner's sidewalks includes the duty
"
.
On page
1
,
line
10
,
after "
sidewalk
"
insert "
reasonably
"
.
Which motion prevailed and HB 1174 was so amended.
The question being "Shall HB 1174 pass as amended?"
And the roll being called:
Yeas 8, Nays 27, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Brown (Arnold); Daugaard; Hainje; Munson (David); Paisley; Shoener; Vitter
Nays were:
Benson; Bogue; Brosz; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist;
Flowers; Frederick; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden;
Moore; Olson; Reedy; Rounds; Staggers; Symens; 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. Daugaard now presiding.
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 second time.
Sen. Halverson moved the previous question.
Which motion prevailed.
The question being "Shall HB 1222 pass?"
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Duxbury; Everist;
Frederick; Hainje; Halverson; Hutmacher; Kleven; Madden; Moore; Munson (David); Olson;
Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting
Nays were:
Benson; Drake; Dunn (Rebecca); Flowers; Ham; Kloucek; Lange; Lawler; Staggers; Valandra
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.
HB 1261:
FOR AN ACT ENTITLED, An Act to
permit schools to display the Ten
Commandments.
Was read the second time.
1261ta
Sen. Olson moved that HB 1261 be further amended as follows:
On page
1
,
after line
12 of the House State Affairs committee engrossed bill
,
insert:
"
Section 2. The State of South Dakota is responsible for the payment of all reasonable
attorney's fees, court costs, and other reasonable expenses that are incurred by any public school
or public school district or any official, employee, or staff member of the school or school
district as a result of any legal action brought in conjunction with any display authorized in
section 1 of this Act.
"
Sen. Shoener moved the previous question.
Which motion prevailed.
The question being on Sen. Olson's motion that HB 1261 be further amended.
Which motion lost.
Sen. Reedy moved the previous question.
Which motion prevailed.
The question now being "Shall HB 1261 pass as amended?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Duxbury; Everist;
Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler;
Madden; Moore; Munson (David); Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Nays were:
Brosz; Daugaard; Dunn (Jim); Olson; Paisley; Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 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 second time.
1282jb
Sen. Olson moved that HB 1282 be further amended as follows:
On the House Health and Human Services committee engrossed bill,
delete everything
after the enacting clause and insert:
"
Section 1. That chapter 36-4A be amended by adding thereto a NEW SECTION to read as
follows:
The board may not approve any practice agreement that includes abortion as a permitted
procedure.
Section 2. That chapter 36-9A be amended by adding thereto a NEW SECTION to read as
follows:
The boards may not approve any collaborative agreement that includes abortion as a
permitted procedure.
"
Which motion prevailed and HB 1282 was so amended.
The question being "Shall HB 1282 pass as amended?"
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent and Not Voting 0
Yeas were:
Bogue; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick;
Hainje; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Reedy;
Rounds; Staggers; Symens; Valandra; Vitter; Whiting
Nays were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Halverson; Ham; Moore; Shoener
Excused were:
Paisley
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. Bogue moved that the title to HB 1282 be amended as follows:
On page
1
,
line
2 of the House Health and Human Services committee engrossed bill
,
delete "
or assisting at certain medical tasks for the purpose of performing
"
.
Which motion prevailed and the title was so amended.
President Hillard now presiding.
HB 1308:
FOR AN ACT ENTITLED, An Act to
prohibit the possession of certain forms
of computer-related child pornography.
Was read the second time.
The question being "Shall HB 1308 pass?"
And the roll being called:
Yeas 34, Nays 0, 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; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Paisley
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 1184:
FOR AN ACT ENTITLED, An Act to
provide immunity to members of county
boards of mental illness and county review boards.
Was read the second time.
The question being "Shall HB 1184 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; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Symens;
Valandra; Vitter; Whiting
Nays were:
Dunn (Rebecca)
Excused were:
Paisley; 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.
HB 1239:
FOR AN ACT ENTITLED, An Act to
limit the use of mechanical restraints in
juvenile correctional facilities.
Was read the second time.
The question being "Shall HB 1239 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, 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; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Paisley
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 1272:
FOR AN ACT ENTITLED, An Act to
provide for periodic judicial review of
status of children in custody of the Department of Corrections.
Was read the second time.
1272re
Sen. Rebecca Dunn moved that HB 1272 be further amended as follows:
On page
1
,
line
9 of the Senate State Affairs committee engrossed bill
,
after "
child
"
insert
"
and shall mail a copy of the written report to the parents or legal guardian of the child
"
.
On page
2
,
after line
9
,
insert:
"
Section 3. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as
follows:
In the written report mailed to the parents or legal guardian of a child committed to the
Department of Corrections, and in any other official correspondence to the parents or legal
guardian of such child, the department shall inform the parents or legal guardian of the court's
right to enter, upon its own motion an order compelling the secretary of corrections to appear
pursuant to section 2 of this Act and shall inform the parents or legal guardian of their right to
request the court to do so and of the proper manner for requesting the court to do so.
"
Sen. Halverson moved that Sen. Rebecca Dunn's motion that HB 1272 be further amended
be laid on the table.
Sen. Flowers requested a roll call vote.
Which request was supported.
The question being on Sen. Halverson's motion that Sen. Rebecca Dunn's motion that HB
1272 be further amended be laid on the table.
And the roll being called:
Yeas 19, Nays 16, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Kleven; Madden; Munson (David); Paisley; Rounds; Shoener;
Vitter
Nays were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kloucek; Lange; Lawler;
Moore; Olson; Reedy; Staggers; Symens; Valandra; Whiting
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
1272re
Sen. Symens moved that HB 1272 be further amended as follows:
On page
1
,
line
9 of the Senate State Affairs committee engrossed bill
,
after "
child
"
insert
"
and shall mail a copy of the written report to the parents or legal guardian of the child
"
.
On page
2
,
after line
9
,
insert:
"
Section 3. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as
follows:
In the written report mailed to the parents or legal guardian of a child committed to the
Department of Corrections, and in any other official correspondence to the parents or legal
guardian of such child, the department shall inform the parents or legal guardian of the court's
right to enter, upon its own motion an order compelling the secretary of corrections to appear
pursuant to section 2 of this Act and shall inform the parents or legal guardian of their right to
request the court to do so.
"
Sen. Rebecca Dunn requested a roll call vote.
Which request was supported.
The question being on Sen. Symens' motion that HB 1272 be further amended.
And the roll being called:
Yeas 16, Nays 19, Excused 0, Absent and Not Voting 0
Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kloucek; Lange; Lawler;
Moore; Olson; Reedy; Staggers; Symens; Valandra; Whiting
Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Kleven; Madden; Munson (David); Paisley; Rounds; Shoener;
Vitter
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
1272rd
Sen. Rebecca Dunn moved that HB 1272 be further amended as follows:
On page
2
,
after line
9 of the Senate State Affairs committee engrossed bill
,
insert:
"
Section 3. That chapter 26-8B be amended by adding thereto a NEW SECTION to read as
follows:
If any child in need of supervision, as defined in
§
26-8B-2, has been in the custody of the
Department of Corrections for a continuous period of three hundred days, the department shall,
before sixty-five additional days have elapsed, bring the child before the circuit court of the
county in which the child was originally adjudicated. The court shall conduct a dispositional
review hearing, at which time the court may restore the child to the custody of either or both
parents, affirm the custody of the Department of Corrections, or enter any other appropriate
decree as provided for in
§
26-8B-6.
Section 4. That chapter 26-8B be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Corrections shall give timely notice to the parents of any child in need
of supervision of the time, place, and nature of any dispositional review hearing as provided for
in section 1 of this Act. The court shall hear any parent who appears at such hearing, and the
court may, at its discretion, order the attendance of any parent or other relevant witness if, in the
opinion of the court, the presence or testimony of the parent or other witness is necessary or
appropriate.
Section 5. That chapter 26-8B be amended by adding thereto a NEW SECTION to read as
follows:
The provisions of this Act do not apply to children in need of supervision while in any
mental health program, chemical dependency treatment program, or private sector placement.
"
Sen. Flowers requested a roll call vote.
Which request was supported.
The question being on Sen. Rebecca Dunn's motion that HB 1272 be further amended.
And the roll being called:
Yeas 14, Nays 20, Excused 1, 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; Paisley; Rounds; Shoener; Vitter;
Whiting
Excused were:
Munson (David)
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
Sen. Halverson moved the previous question.
Which motion prevailed.
The question now being "Shall HB 1272 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, 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; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
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.
Sen. Hainje now presiding.
HB 1018:
FOR AN ACT ENTITLED, An Act to
transfer certain funds from the South
Dakota Building Authority to the South Dakota Health and Education Facilities Authority.
Was read the second time.
The question being "Shall HB 1018 pass as amended?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra;
Vitter; Whiting
Nays were:
Moore
Excused were:
Flowers; Munson (David); 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.
There being no objection, the Senate reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration HB
1249, which was removed from the table, and returns the same with the recommendation that
said bill be amended as follows:
1249cd
On the House engrossed bill,
delete everything after the enacting clause and insert:
"
Section
3.
That
§
13-13.-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
(1)
"General enrollment average daily membership," the average number of resident and
nonresident kindergarten through twelfth grade pupils enrolled in all schools operated
by the school district during the previous regular school year, minus average number
of pupils for whom the district receives tuition, except pupils described in
subdivision (1A) and pupils for whom tuition is being paid pursuant to
§
13-28-42
and plus the average number of pupils for whom the district pays tuition, except
pupils for whom the district pays tuition pursuant to
§
13-28-42;
(1A)
Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, the Department of Corrections, or other state
agencies and are attending a public school may be included in the average daily
membership of the receiving district when enrolled in the receiving district. When
counting a student who meets these criteria in its general enrollment average daily
membership, the receiving district may begin the enrollment on the first day of
attendance. The district of residence prior to the custodial transfer may not include
students who meet these criteria in its general enrollment average daily membership
after the student ceases to attend school in the resident district;
(2)
"Adjusted average daily membership," calculated as follows:
(a)
For districts with a general enrollment average daily membership of two
hundred or less, multiply 1.2 times the general enrollment average daily
membership;
(b)
For districts with a general enrollment average daily membership of less than
six hundred, but greater than two hundred, raise the general enrollment
average daily membership to the 0.8293 power and multiply the result times
2.98;
(c)
For districts with a general enrollment average daily membership of six
hundred or more, multiply 1.0 times their general enrollment average daily
membership;
(3)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of
the United States Department of Labor for the year before the year immediately
preceding the year of adjustment or three percent, whichever is less
plus the
enrollment adjustment;
(3A) "Enrollment adjustment," is the negative of the annual percent change in the
statewide general enrollment average daily membership for the year before the year
immediately preceding the year of adjustment. However, the enrollment adjustment
may not be less than zero
;
(4)
"Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive,
is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student
allocation shall be $3,350 increased by the index factor. Each school fiscal year
thereafter, the per student allocation shall be the previous fiscal year's per student
allocation increased by the index factor;
(5)
"Local need," the per student allocation multiplied by the adjusted average daily
membership;
(6)
"Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the levies established pursuant to
§
10-12-42.
"
And that as so amended said bill do not pass.
Respectfully submitted,
Barbara Everist, Chair
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 12, 19, 63, 65, 96,
110, 152, 157, 181, 205, and 206 were delivered to his Excellency, the Governor, for his
approval at 3:45 p.m., February 22, 2000.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 104 and 136 and finds the same correctly enrolled.
Respectfully submitted,
Harold Halverson, Chair
MADAM PRESIDENT:
I have the honor to transmit herewith HCR 1016 which has been adopted by the House and
your concurrence is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1156, 1212, and 1280.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 138 and 197 which have been amended by the
House and your concurrence in the amendments is respectfully requested.
Respectfully,
Karen Gerdes, Chief Clerk
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)
HB 1047:
FOR AN ACT ENTITLED, An Act to
appropriate money for the USS South
Dakota Battleship Memorial.
Was read the second time.
The question being "Shall HB 1047 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Olson; Paisley; Reedy; Rounds; Shoener; Symens;
Valandra; Vitter; Whiting
Excused were:
Munson (David); 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.
President Hillard now presiding.
HB 1058:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
special education.
Was read the second time.
The question being "Shall HB 1058 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, 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; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
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.
HB 1094:
FOR AN ACT ENTITLED, An Act to
create the people's trust fund in the state
treasury and to declare an emergency.
Was read the second time.
1094da
Sen. Kloucek moved that HB 1094 be further amended as follows:
On page
1
,
after line
13 of the House State Affairs committee engrossed bill
,
insert:
"
Section 3. There is hereby appropriated the sum of three million dollars ($3,000,000) out
of the people's interest fund to the Department of Human Services to implement programs for
tobacco use prevention and cessation.
"
Sen. Kloucek requested a roll call vote.
Which request was supported.
The question being on Sen. Kloucek's motion that HB 1094 be further amended.
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent and Not Voting 0
Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore;
Olson; Reedy; Symens; Valandra
Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Kleven; Madden; Paisley; Rounds; Shoener; Staggers;
Vitter; Whiting
Excused were:
Munson (David)
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 HB 1094 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, 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; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Munson (David)
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.
MESSAGES FROM THE HOUSE
MADAM PRESIDENT:
I have the honor to return herewith SB 60 and 195 which have been amended by the House
and your concurrence in the amendments is respectfully requested.
Respectfully,
Karen Gerdes, Chief Clerk
The President publicly read the title to
SB 104:
FOR AN ACT ENTITLED, An Act to
appropriate money for the Northern Crops
Institute.
SB 136:
FOR AN ACT ENTITLED, An Act to
prohibit certain activities regarding certain
imported cigarettes or tobacco products.
HB 1053:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
practice of optometry.
HB 1073:
FOR AN ACT ENTITLED, An Act to
permit assessments based on benefits.
HB 1111:
FOR AN ACT ENTITLED, An Act to
prohibit an adult from purchasing
alcoholic beverages for anyone under the age of twenty-one and to establish a penalty.
HB 1165:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crime of
bigamy.
HB 1179:
FOR AN ACT ENTITLED, An Act to
revise the rate of interest on property tax
certificates and delinquent taxes.
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.
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.
HB 1247:
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to
ambulance districts.
HB 1277:
FOR AN ACT ENTITLED, An Act to
require the compiling and reporting of
certain domestic abuse information.
And signed the same in the presence of the Senate.
COMMEMORATIONS
SC 22
Introduced by:
Senators Kloucek, Hutmacher, Moore, Olson, Reedy, and Staggers
and Representatives Munson (Donald), Engbrecht, Michels, Sebert, and Wudel
A LEGISLATIVE COMMEMORATION,
Honoring Brett Scherschligt, South Dakota High
School All American Football Player for 1999.
WHEREAS,
Brett Scherschligt, a fullback and linebacker from Freeman, was named an All
American football selection by the National High School Athletic Coaches Association; and
WHEREAS,
Scherschligt was a four-year starter for the Freeman Flyers, helping them win
four consecutive nine-man championships. This season he rushed for 1100 yards, had 120
tackles, 97 solos--17 for a loss. He scored 18 touchdowns and 7 two-point conversions; and
WHEREAS,
Freeman coach Jim Aisenbrey said, "We have a philosophy that when you
work hard, good things will eventually happen. Brett has always been a hard worker and has a
motor that is constantly on the run. He started for us as a freshman, and we don't have too many
kids who do that. This is probably the highest honor you can get in high school football.":
NOW, THEREFORE, BE IT COMMEMORATED,
by the Seventy-fifth Legislature of the
State of South Dakota, that Brett Scherschligt truly deserves the title of South Dakota All
American High School football player and is a tribute to his parents, classmates, teammates,
Freeman High School, and the State of South Dakota.
Sen. Shoener moved that the Senate do now adjourn, which motion prevailed, and at
4:55 p.m. the Senate adjourned.