Senate Journal 02/24/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

THIRTY-SECOND DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 24, 2000

     The Senate convened at 11:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Geraldine King, followed by the Pledge of Allegiance led by Senate page Elizabeth Russman.

     Roll Call: All members present except Sen. Symens who was excused.

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 thirty-first day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,

Harold Halverson, Chair

Which motion prevailed and the report was adopted.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

     The Senate proceeded to the consideration of the executive appointment of Larry E. Gabriel, Haakon County, Cottonwood, South Dakota, as Secretary of Agriculture.

    The question being "Does the Senate advise and consent to the executive appointment of Larry E. Gabriel pursuant to the executive message as found on page 647 of the Senate Journal?"

     And the roll being called:

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

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

Excused were:
Albers; Brown (Arnold); Symens

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

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 75 as found on page 624 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of SB 75 be approved?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

Excused were:
Albers; Brown (Arnold); Rounds; Symens

So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

     The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1031 as found on page 770 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1031 be approved?"

     And the roll being called:

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

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

Excused were:
Albers; Brown (Arnold); Symens

So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SJR 1 was delivered to her Excellency, the Secretary of State, for filing at 8:43 a.m., February 24, 2000.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 165 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 51, 70, 77, 104, 109, 136, 138, 161, 169, 192, and 195 were delivered to his Excellency, the Governor, for his approval at 8:40 a.m., February 24, 2000.

Respectfully submitted,
Harold Halverson, Chair

MOTIONS AND RESOLUTIONS

     Sen. Halverson moved that the rules be suspended for the sole purpose of receiving, giving first reading to, dispensing with committee referral, and placing HB 1318 on today's calendar.

     The question being on Sen. Halverson's motion that the rules be suspended for the sole purpose of receiving, giving first reading to, dispensing with committee referral, and placing HB 1318 on today's calendar.

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

Excused were:
Duxbury; Symens

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1318: FOR AN ACT ENTITLED, An Act to add the Student Loan Marketing Association to certain existing permitted investments of insurers.

Was read the first time and the President waived the committee referral.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1318: FOR AN ACT ENTITLED, An Act to add the Student Loan Marketing Association to certain existing permitted investments of insurers.

Was read the second time.

     The question being "Shall HB 1318 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; Paisley; Reedy; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Excused were:
Symens

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

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 165 which has passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Everist moved that the Senate do concur in House amendments to SB 23.

     The question being on Sen. Everist's motion that the Senate do concur in House amendments to SB 23.

     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; Paisley; Reedy; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Excused were:
Symens

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.

Sen. Halverson moved that the Senate do not concur in House amendments to SB 141 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President appointed as such committee Sens. Whiting, Daugaard, and Lawler.

     Sen. Frederick moved that the Senate do concur in House amendments to SB 196.

     The question being on Sen. Frederick's motion that the Senate do concur in House amendments to SB 196.

     And the roll being called:

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

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

Nays were:
Staggers

Excused were:
Symens

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.

     Sen. Halverson moved that the Senate do concur in House amendments to SB 199.

     The question being on Sen. Halverson's motion that the Senate do concur in House amendments to SB 199.

     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; Paisley; Reedy; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Excused were:
Symens

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.

Sen. Kloucek moved that the Senate do concur in House amendments to SCR 6.

Sen. Halverson moved as a substitute motion that the Senate do not concur in House amendments to SCR 6 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President appointed as such committee Sens. Whiting, Brosz, and Kloucek.

HCR 1014: A CONCURRENT RESOLUTION, Memorializing Congress to provide appropriate funding and support for veterans' hospitals.

    Was read the first time and the President waived the committee referral.

     Sen. Benson moved that HCR 1014 as found on page 606 and amended on page 748 of the House Journal be concurred in.

     The question being on Sen. Benson's motion that HCR 1014 be concurred in as amended.

     And the roll being called:

Excused were:
Symens

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1014 was concurred in.

HCR 1018: A CONCURRENT RESOLUTION, Urging the United States Congress to fully implement tax, regulatory, risk management, and trade policy reform to allow the Freedom to Farm Act to perform as intended.

Was read the first time and the President waived the committee referral.

Sen. Drake moved that HCR 1018 as found on page 754 and amended on page 808 of the House Journal be concurred in.

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Sen. Kloucek moved that HCR 1018 be further amended as follows:

On page 1 , delete lines 8 and 9 of the House engrossed resolution .

On page 2 , delete lines 3 to 6 , inclusive .

On page 2 , line 15 , delete " market-based " and insert " supply management-based " .

On page 2 , delete line 20 , and insert " to restructure federal food and farm policy. " .

Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Kloucek's motion that HCR 1018 be further amended.

     And the roll being called:

Yeas 12, Nays 21, Excused 2, Absent and Not Voting 0

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

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

Excused were:
Kleven; Symens

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

Sen. Arnold Brown moved the previous question.

Which motion prevailed.

     The question being on Sen. Drake's motion that HCR 1018 be concurred in as amended.

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Symens

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1018 was concurred in.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 71 and the amendment thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,                        Respectfully submitted,
Claire B. Konold                                Don Brosz
Kristie K. Fiegen                                Harold W. Halverson
Mike Wilson
House Committee                                Senate Committee

     Sen. Brosz moved that the report of the Conference Committee on SB 71 be adopted.

     The question being on Sen. Brosz's motion that the report of the Conference Committee on SB 71 be adopted.

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

Nays were:
Staggers

Excused were:
Duxbury; Symens; Whiting

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 208: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

Was read the second time.

208zu

Sen. Kloucek moved that SB 208 be further amended as follows:

On page 22 , line 46 of the Senate Appropriations committee engrossed bill , increase personal services GENERAL FUNDS $9,600.

On page 22 , line 53 , increase personal services GENERAL FUNDS $18,000.

On page 23 , line 6 , increase personal services GENERAL FUNDS $9,600.

On page 23 , line 13 , increase personal services GENERAL FUNDS $3,600.

On page 23 , line 20 , increase personal services OTHER FUNDS $1,200.

On page 23 , line 34 , increase personal services GENERAL FUNDS $3,600.

On page 23 , line 41 , increase personal services GENERAL FUNDS $3,600.

On page 23 , line 48 , increase personal services GENERAL FUNDS $3,600.

On page 24 , line 6 , increase personal services GENERAL FUNDS $1,200.

On page 24 , line 13 , increase personal services GENERAL FUNDS $2,400.

On page 24 , line 20 , increase personal services GENERAL FUNDS $7,200.

Sen. Rounds moved that Sen. Kloucek's motion that SB 208 be further amended be laid on the table.

Which motion prevailed.

     The question being "Shall SB 208 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; Paisley; Reedy; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Excused were:
Symens

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

Sen. Rounds moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 12:55 p.m., the Senate recessed.

RECESS

The Senate reconvened at 3:00 p.m., the President presiding.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 23, 196, and 199 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 71.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Michels, Duniphan, and Lucas as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 141.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Donald Munson, Fiegen, and Wilson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SCR 6.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1005, 1056, 1057, 1206, 1211, 1215, 1243, 1244, and 1312.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1020 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 5 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 182 was lost on second reading and final passage.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 73 and 93 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1020: A CONCURRENT RESOLUTION, Urging the Secretary of the Navy to name the first of the fleet of new attack submarines of the Navy the "South Dakota."

Was read the first time and the President waived the committee referral.

     Sen. David Munson moved that HCR 1020 as found on page 826 of the House Journal be concurred in.

     The question being on Sen. Munson's motion that HCR 1020 be concurred in.

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

Excused were:
Hainje; Symens

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1020 was concurred in.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 30 and the amendment thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 30 be amended as follows:

On page 1 , line 8 of the House engrossed bill , delete " subsections (2) and (3) thereof " and insert " a landowner, occupant, or accompanying guests of the landowner or occupant on the owner's or occupant's land or a person employed by the Department of Game, Fish and Parks in the performance of the person's duty " .

Respectfully submitted,                        Respectfully submitted,
Roger Brooks                                Fred Whiting
Kenneth G. McNenny                            Dennis Daugaard
Doug Kazmerzak                                Charles E. Flowers
House Committee                                Senate Committee

Sen. Whiting moved that the report of the Conference Committee on SB 30 be adopted.

The question being on Sen. Whiting's motion that the report of the Conference Committee on SB 30 be adopted.

     And the roll being called:

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

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

Excused were:
Brown (Arnold); Hainje; Symens

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 60 and the amendment thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 60 be amended as follows:

On page 1 , line 6 of the House Judiciary committee engrossed bill , delete " , " .

On page 1 , line 7 , delete " except a motorcycle license, " .

On page 2 , line 8 , overstrike " The permit may be issued only once in " .

On page 2 , overstrike line 9 .

On page 2 , line 16 , overstrike " Division of " and insert " Department of Education and Cultural Affairs " .

On page 2 , line 17 , overstrike " Education Services and Resources " .

On page 3 , line 2 , delete " restricted motorcycle " and insert " motorcycle restricted " .

On page 3 , line 4 , delete " driver's motorcycle " and insert " motorcycle driver's " .

On page 3 , line 7 , delete " Division Education Services and " and insert " Department of Education and Cultural Affairs or by the secretary of commerce and regulation " .

On page 3 , line 8 , delete " Resources " .

On page 3 , line 9 , after " the " insert " motorcycle " .

On page 3 , line 9 , delete " restricted motorcycle " and insert " motorcycle restricted " .

On page 3 , line 20 , after " . " insert " A motorcycle operator's license may be issued, upon application and payment of the proper fee as provided for in § 32-12-16, to a minor at least sixteen years of age but less than eighteen years of age who currently holds a valid operator's license and has successfully passed all motorcycle driver's license examination tests. A motorcycle operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who does not currently hold a valid operator's license if the minor has passed all motorcycle driver's license examination tests, has not been convicted of a traffic violation during the past six months, and currently holds a motorcycle instruction permit that has been valid continuously for one hundred eighty days. For any minor who has successfully completed the motorcycle safety education courses provided by § 32-20-14 and a driver education class that has been approved by the Department of Education and Cultural Affairs or by the secretary of commerce and regulation, the required minimum time period for holding the motorcycle instruction permit to qualify for the motorcycle operator's license is thirty continuous days. "

On page 4 , delete lines 2 to 9 , inclusive .

Respectfully submitted,                        Respectfully submitted,
Larry Diedrich                                Kenneth D. Albers
Carol E. Fitzgerald                            Arnold M. Brown
Dan Sutton                                    Paul Valandra
House Committee                                Senate Committee

     Sen. Albers moved that the report of the Conference Committee on SB 60 be adopted.

     The question being on Sen. Albers' motion that the report of the Conference Committee on SB 60 be adopted.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent and Not Voting 0

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

Excused were:
Brown (Arnold); Hainje; Lawler; Symens; Whiting

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1096 and the amendment thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1096 be amended as follows:

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

" Section 1. If an infestation of noxious weeds or an infestation of mountain pine beetle spreads to adjacent private or public land, the person or entity owning the property from which the infestation spread is responsible for remedying the problems caused by the infestation, to the extent that the person or entity is responsible for allowing the infestation to spread to the adjacent private or public land. "

On page 1 , line 1 of the Senate Agriculture and Natural Resources committee engrossed bill , delete everything after " to " and insert " assign responsibility related to certain infestations of noxious weeds or the mountain pine beetle. "

On page 1 , delete line 2 .

Respectfully submitted,                        Respectfully submitted,
Kenneth Wetz                                Cheryl Madden
Roger Brooks                                Fred Whiting
Larry Lucas                                    H. Paul Dennert
House Committee                            Senate Committee

     Sen. Madden moved that the report of the Conference Committee on HB 1096 be adopted.

     The question being on Sen. Madden's motion that the report of the Conference Committee on HB 1096 be adopted.

     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; Paisley; Reedy; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Excused were:
Symens

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

COMMUNICATIONS AND PETITIONS

February 24, 2000

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, South Dakota 57501

EXECUTIVE COMMUNICATION

Dear Madam President:

House Bill 1047, An act to appropriate money for the USS South Dakota Battleship Memorial, has passed both houses of the Legislature and is awaiting my signature.

Please extend my cordial invitation to all the members of the Senate who are veterans of the United States Navy, all the sponsors of House Bill 1047, and all the veterans of the United States Marine Corps who have kept the Navy afloat for the past 200 years, to join me for the official signing of the Act into law at 9:00 a.m., in the Governor's Reception Room, on Friday, February 25.

Semper Fi,
William J. Janklow
Governor

Sen. Rounds moved that the Senate do now recess until 4:50 p.m., which motion prevailed and at 4:35 p.m., the Senate recessed.

RECESS

The Senate reconvened at 4:50 p.m., the President presiding.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

(continued)

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 197 and the amendment thereto made by the House, and the disagreement of the two houses thereon, and

recommends that the House amendments be deleted thus restoring the bill to the Senate State Affairs engrossed version.

Respectfully submitted,                        Respectfully submitted,
                                        M. Michael Rounds
Duane Sutton                                Jim B. Dunn
Gil Koetzle                                    Charles E. Flowers
House Committee                                Senate Committee

     Sen. Rounds moved that the report of the Conference Committee on SB 197 be adopted.

     The question being on Sen. Rounds' motion that the report of the Conference Committee on SB 197 be adopted.

     And the roll being called:

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

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

Excused were:
Staggers; Symens

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1200 and the amendment thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1200 be amended as follows:

On page 2 , delete lines 8 to 11 of the Senate engrossed bill , inclusive , and insert:

" A school district may refuse to employ a person, either directly or by contract, who has been convicted of a crime involving moral turpitude as defined in subdivision 22-1-2(25).

No person may be employed by a school district, either directly or by contract, if the person has been convicted of a crime of violence as defined in subdivision 22-1-2(9), a sex offense as defined in § 22-22-30, or trafficking in narcotics.

Nothing in this section prohibits a school district from considering any criminal conviction in making a hiring decision. "

On page 2 , line 15 , delete " a " and insert " the same " .

Respectfully submitted,                        Respectfully submitted,
Matthew Michels                                Kenneth D. Albers
Jeff Monroe                                    Arnold Brown
Gil Koetzle
House Committee                                Senate Committee

     Sen. Albers moved that the report of the Conference Committee on HB 1200 be adopted.

     The question being on Sen. Albers' motion that the report of the Conference Committee on HB 1200 be adopted.

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent and Not Voting 0

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

Nays were:
Everist; Lawler; Moore; Valandra

Excused were:
Staggers; Symens

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 124 which has 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 27 which has passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, February 25, the 33rd legislative day.

Which motion prevailed.

SIGNING OF BILLS

     The President publicly read the title to

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

     SB 165: FOR AN ACT ENTITLED, An Act to allow a farm winery to hold an on-sale retail license.

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

     SB 199: FOR AN ACT ENTITLED, An Act to revise property tax levies for the general fund of a school district.

     HB 1318: FOR AN ACT ENTITLED, An Act to add the Student Loan Marketing Association to certain existing permitted investments of insurers.

     And signed the same in the presence of the Senate.

Sen. Daugaard moved that the Senate do now adjourn, which motion prevailed, and at 5:04 p.m. the Senate adjourned.

Patricia Adam, Secretary