Senate Journal 02/16/2001 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SIXTH SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 16, 2001

The Senate convened at 1:30 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Tony Venhuizen.

Roll Call: All members present except Sen. Hagen 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 twenty-seventh 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,

Arnold M. Brown, Chair

Which motion prevailed and the report was adopted.

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

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 3 Introduced by: Senators Albers, Apa, Bogue, Brosz, Brown (Arnold), Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Hainje, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-sixth Legislature of the State of South Dakota to Samantha Ackerman, Amanda Anderson, Jack Anderson, Lesa Jarding, Jennifer Keffeler, Lacey Kruse, Mary Kurtz, Melanie Markus, Aleshia Moe, Callie Taton, and Tony Venhuizen.

WHEREAS, the above named served loyally as pages for the Senate of the Seventy-sixth Legislative Session; and

WHEREAS, the members of the Seventy-sixth Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-sixth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Everist moved that Senate Page Resolution 3 be adopted.

The question being on Sen. Everist's motion that Senate Page Resolution 3 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SCR 7 and 9 and returns the same with the recommendation that said resolutions be adopted and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SCR 6 and returns the same with the recommendation that said resolution be amended as follows:

On page 251 of the Senate Journal, delete lines 27 and 28 , and insert:

" A CONCURRENT RESOLUTION, Recognizing the South Dakota Corps of Rediscovery as the official planning group for South Dakota's commemoration of the Lewis and Clark Bicentennial.

WHEREAS, the bicentennial commemoration of the Lewis and Clark expedition will be a national event from 2003 through 2006, attracting thousands of visitors to follow the explorers' trail; and

WHEREAS, the Lewis and Clark Trail follows the Missouri River through the State of South Dakota; and

WHEREAS, the State of South Dakota wants to offer these visitors a most enlightening experience while following the trail through our state; and

WHEREAS, a grassroots committee was established by the South Dakota Department of Tourism five years ago to plan for this grand national event and that committee consists of members from various federal, state, tribal, county, city, and private entities along the trail; and

WHEREAS, this grassroots committee was officially recognized as the South Dakota Corps of Rediscovery by Governor William J. Janklow on Wednesday, July 19, 2000:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Corps of Rediscovery be South Dakota's official planning committee for the commemoration of the Lewis and Clark Bicentennial Council."

On page 252 , delete lines 1 to 19 , inclusive.

And that as so amended said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of William F. Earley of Minnehaha County, Sioux Falls, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of James C. Roby of Codington County, Watertown, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Jack Broome of Gregory County, Burke, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of James Abbott of Clay County, Vermillion, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1257, 1274, and 1275 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1202 and tabled the same.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1157 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Fred C. Whiting, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1015, 1068, 1250, 1262, and 1285 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 2: A CONCURRENT RESOLUTION, Urging the federal government to authorize and fund long-term health care on Indian reservations.

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

Sen. Albers moved that SCR 2 be deferred to Tuesday, February 20, the 29^th legislative day.

Which motion prevailed.

Yesterday, Sen. Symens announced his intention to reconsider the vote by which SB 174 lost.

Sen. Symens moved that the Senate do now reconsider the vote by which SB 174 lost.

The question being on Sen. Symens' motion to reconsider the vote by which SB 174 lost.

And the roll being called:

Yeas 17, Nays 16, Excused 2, Absent 0

Yeas:
Apa; Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Ham; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Reedy; Staggers; Symens; Volesky; Whiting

Nays:
Albers; Bogue; Brosz; Brown (Arnold); Diedrich (Larry); Drake; Everist; Greenfield; Hainje; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Vitter

Excused:
Hagen; Sutton (Dan)

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 14 as found on page 521 of the Senate Journal ; also

Appropriations on SB 51 as found on page 522 of the Senate Journal ; also

Education on SB 153 as found on page 517 of the Senate Journal ; also

Education on SB 220 as found on page 518 of the Senate Journal ; also

State Affairs on SB 239 as found on page 516 of the Senate Journal ; also

State Affairs on SB 240 as found on page 516 of the Senate Journal ; also

Commerce on HB 1043 as found on page 520 of the Senate Journal ; also

Agriculture and Natural Resources on HB 1072 as found on page 519 of the Senate Journal ; also

Education on SB 71 as found on page 518 of the Senate Journal ; also

Appropriations on SB 132 as found on page 523 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

Sen. Volesky moved that SB 71, which was reported without recommendation, be placed on today's calendar.

The question being on Sen. Volesky's motion that SB 71 be placed on today's calendar.

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
de Hueck; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Volesky

Nays:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Putnam; Staggers; Vitter; Whiting

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

Sen. Koskan moved that SB 132, which was reported without recommendation, be placed on today's calendar.

The question being on Sen. Koskan's motion that SB 132 be placed on today's calendar.

And the roll being called:

Yeas 9, Nays 24, Excused 2, Absent 0

Yeas:
Dennert; Duxbury; Koetzle; Koskan; Madden; McCracken; McIntyre; Olson (Ed); Whiting

Nays:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Moore; Munson; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

Excused:
de Hueck; Hagen

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Elmer Diedtrich requested that HB 1094 be removed from the Consent Calendar.

Sen. Koskan requested that HB 1123 be removed from the Consent Calendar.

HB 1039: FOR AN ACT ENTITLED, An Act to subject certain health insurers to risk- based capital requirements.

Was read the second time.

The question being "Shall HB 1039 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

HB 1103: FOR AN ACT ENTITLED, An Act to provide certain requirements for prescription labels when a generic drug is dispensed.

Was read the second time.

The question being "Shall HB 1103 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen

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 1112: FOR AN ACT ENTITLED, An Act to revise school district inventory procedures.

Was read the second time.

The question being "Shall HB 1112 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

HB 1113: FOR AN ACT ENTITLED, An Act to revise payment methods for school districts.

Was read the second time.

The question being "Shall HB 1113 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen

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 1148: FOR AN ACT ENTITLED, An Act to authorize certain activities by golf course designers.

Was read the second time.

The question being "Shall HB 1148 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

HB 1149: FOR AN ACT ENTITLED, An Act to provide that school districts or school bus contracting companies be notified when the commercial driver license of a school bus driver is suspended or revoked.

Was read the second time.

The question being "Shall HB 1149 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen

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 1200: FOR AN ACT ENTITLED, An Act to require certain format standards for real estate documents filed at the register of deeds.

Was read the second time.

The question being "Shall HB 1200 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

HB 1216: FOR AN ACT ENTITLED, An Act to revise the procedure for filing for a property tax credit for renewable resource energy systems.

Was read the second time.

The question being "Shall HB 1216 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen

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 1224: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to motor vehicle service contracts, mechanical breakdown insurance, and maintenance agreements.

Was read the second time.

The question being "Shall HB 1224 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 179: FOR AN ACT ENTITLED, An Act to revise the appeal procedure concerning the factor used for valuing agricultural and nonagricultural property.

Was read the second time.

Sen. de Hueck moved that SB 179 be further amended as follows:

On page 1 of the Senate Taxation Committee engrossed bill, delete lines 4 to 10 , inclusive.

Which motion prevailed.

The question being "Shall SB 179 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

SB 157: FOR AN ACT ENTITLED, An Act to require the Department of Corrections to seek accreditation by the American Correctional Association, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

Sen. Daugaard moved that SB 157 be further amended as follows:

On page 1, line 6 of the Senate Appropriations Committee engrossed bill, after " for " delete " all " and insert "the".

On page 1 , line 6, delete " correctional facilities " and insert "bootcamp facility in Custer".

On page 1 , line 10, delete " two " and insert "one".

On page 1 , line 10, delete " managers " and insert "manager".

On page 2 , line 6, delete " two " and insert "one".

On page 2 , line 6, delete " positions " and insert "position".

On page 2 , line 8, delete " these " and insert "the".

On page 2 , line 8, delete " equivalents " and insert "equivalent".

On page 2 , line 10, delete " one hundred " and insert "sixty-three thousand two hundred forty-five dollars ($63,245)".

On page 2 , line 11, delete " eighty-two thousand five hundred seventy dollars ($182,570) " .

On page 2 , delete lines 17 to 20 , inclusive.

Sen. Hutmacher requested a roll call vote.

Which request was supported.

The question being on Sen. Daugaard's motion that SB 157 be further amended.

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Whiting

Nays:
Apa; Bogue; Diedrich (Larry); Drake; Duxbury; Everist; Greenfield; Hainje; Koskan; Madden; Putnam; Vitter; Volesky

Excused:
Hagen

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried.

The question being "Shall SB 157 pass as amended?"

And the roll being called:

Yeas 22, Nays 12, Excused 1, Absent 0

Yeas:
Albers; Brosz; Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

Nays:
Apa; Bogue; Brown (Arnold); Diedrich (Larry); Drake; Everist; Greenfield; Hainje; Koskan; Madden; Putnam; Vitter

Excused:
Hagen

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

SB 226: FOR AN ACT ENTITLED, An Act to revise and supplement certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the South Dakota Building Authority for the purpose of raising funds for specified purposes, to provide for transfer and sale at any one time or from time to time of a portion of or all future right, title, and interest of the State of South Dakota to certain amounts payable to the state by various tobacco companies under a master settlement agreement in exchange for the deposit of the net proceeds of such sale into the state permanent tobacco settlement development trust fund, and to establish certain funds.

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

Sen. Symens moved that SB 226 be further amended as follows:

On page 4, line 5 of the Senate State Affairs Committee engrossed bill, after " thereof " insert "which copy shall be a public record open to inspection".

On page 5 , line 24, delete " or any other property or funds of the corporation " .

On page 6 , line 4, after " corporation, " insert "derived from the master settlement agreement,".

On page 7 , line 1, after " rates " insert ", not in any case to exceed six and one quarter percent,".

On page 7 , delete lines 23 and 24 .

On page 9 , line 8, delete " In addition, the corporation may invest " and insert "All proceeds of the bonds issued pursuant to this Act shall be invested by the state investment council."

On page 9 , delete line 9 .

On page 13 , after line 16, insert "Section 14. The provisions of this Act shall expire and be of no further force or effect on July 1, 2002, unless otherwise extended by the Legislature."

Which motion lost

Sen. Larry Diedrich moved that SB 226 be further amended as follows:

On page 13, after line 16 of the Senate State Affairs Committee engrossed bill, insert:

"Section 14. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Which motion prevailed.

Sen. Larry Diedrich moved the previous question.

Which motion prevailed.

The question being "Shall SB 226 pass as amended?"

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Vitter; Whiting

Nays:
de Hueck; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Volesky

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

Sen. Everist announced her intention to reconsider the vote by which SB 226 lost.

Pursuant to Joint Rule 5-13.1, SB 226 was up for immediate reconsideration.

Sen. Everist moved that the Senate do now reconsider the vote by which SB 226 lost.

The question being on Sen. Everist's motion to reconsider the vote by which SB 226 lost.

And the roll being called:

Yeas 24, Nays 9, Excused 2, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Vitter; Whiting

Nays:
Dennert; Duxbury; Hutmacher; Koetzle; Moore; Reedy; Sutton (Dan); Symens; Volesky

Excused:
Hagen; McIntyre

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 226 was up for reconsideration and final passage.

Sen. Everist moved that SB 226 be placed to follow SB 220 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 14: FOR AN ACT ENTITLED, An Act to provide for reimbursement of tuition and fees to certain students and to make an appropriation therefor.

Was read the second time.

Sen. Brosz moved that SB 14 be further amended as follows:

On page 1, line 5 of the Senate Appropriations Committee engrossed bill, delete " , beginning with " .

On page 1 , delete lines 6 to 8 , inclusive, and insert "is eligible for annual grants equal to the cost of tuition and fees payable during the last two full years; provided that no recipient may receive grants exceeding the tuition and fees for sixty-four semester hours."

On page 1 , line 9, delete " reimbursement " and insert "grants".

On page 1 , line 10, delete everything after " Act " and insert "."

On page 1 , delete line 11 .

On page 2 , line 2, after " exceed " delete " the " .

On page 2 , line 3, after " received. " insert "Any penalty assessed under this Act shall not be considered to be a penalty for purposes of § § 53-9-4 and 53-9-5. If a student begins service as a teacher, but does not complete the full four year obligation, the repayment obligation shall be forgiven in proportion to the number of full academic semesters that the student teaches."

On page 2 , line 8, delete " reimbursement " .

Which motion prevailed.

Sen. Hutmacher moved that SB 14 be further amended as follows:

On page 1, line 13 of the Senate Appropriations Committee engrossed bill, after " Act " insert "or fails to obtain a teaching certificate issued by the Department of Education and Cultural Affairs".

Which motion prevailed.

The question being "Shall SB 14 pass as amended?"

And the roll being called:

Yeas 26, Nays 5, Excused 3, Absent 0

Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Vitter; Volesky; Whiting

Nays:
Apa; Koskan; Madden; Putnam; Staggers

Excused:
de Hueck; Hagen; Symens

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

The question being on the title.

Sen. Brosz moved that the title to SB 14 be amended as follows:

On page 1, line 1 of the Senate Appropriations Committee engrossed bill, delete " reimbursement " and insert "grants".

Which motion prevailed and the title was so amended.

Sen. Everist moved that the Senate do now recess until 5:50 p.m., which motion prevailed and at 5:15 p.m., the Senate recessed.

The Senate reconvened at 5:50 p.m., the President presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Everist moved that SB 176 be placed to precede SB 51 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 176: FOR AN ACT ENTITLED, An Act to clarify the purposes for which funds in the special racing revolving fund and South Dakota-bred racing fund may be used.

Was read the second time.

The question being "Shall SB 176 pass?"

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Madden; McCracken; Moore; Munson; Olson (Ed); Putnam; Symens; Vitter; Whiting

Nays:
Apa; Bogue; de Hueck; Dennert; Duxbury; Hutmacher; Kleven; Koetzle; Koskan; McIntyre; Reedy; Staggers; Sutton (Dan); Volesky

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

SB 51: FOR AN ACT ENTITLED, An Act to provide for the distribution of certain funds from the special revolving fund and the South Dakota-bred racing fund to promote South Dakota horse racing, to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs, and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 51 pass as amended?"

And the roll being called:

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Apa; de Hueck; Dennert; Duxbury; Ham; Hutmacher; Kleven; Koetzle; Koskan; McIntyre; Moore; Reedy; Staggers; Sutton (Dan); Symens

Nays:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Madden; McCracken; Munson; Olson (Ed); Putnam; Vitter; Volesky; Whiting

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

SB 60: FOR AN ACT ENTITLED, An Act to expand the uses of the special education extraordinary cost fund.

Was read the second time.

The question being "Shall SB 60 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen

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

SB 118: FOR AN ACT ENTITLED, An Act to make an appropriation to the ethanol fuel fund.

Was read the second time.

The question being "Shall SB 118 pass?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Drake; Everist; Madden; Staggers

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

SB 153: FOR AN ACT ENTITLED, An Act to require school districts to employ certified personnel in administrative positions.

Was read the second time.

The question being "Shall SB 153 pass as amended?"

And the roll being called:

Yeas 24, Nays 9, Excused 2, Absent 0

Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Drake; Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Volesky

Nays:
Apa; Bogue; Diedrich (Larry); Greenfield; Koskan; Madden; Staggers; Vitter; Whiting

Excused:
Duxbury; Hagen

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

SB 166: FOR AN ACT ENTITLED, An Act to provide for a Streamlined Sales Tax Project Task Force, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

Sen. Koetzle moved that SB 166 be further amended as follows:

On page 1, line 7 of the Senate Taxation Committee engrossed bill, delete " on the " and insert "on".

On page 1 , delete lines 10 to 14 , inclusive, and insert:

"Executive Board of the Legislative Research Council shall appoint four bipartisan senators and four bipartisan representatives to serve on the task force. The Governor shall appoint four individuals representing business and commerce, two individuals representing municipalities, and one individual representing the public at large to serve on the task force."

Which motion prevailed.

The question being "Shall SB 166 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen

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

SB 192: FOR AN ACT ENTITLED, An Act to require certain prescription drug manufacturers and labelers to enter into rebate agreements, to establish a discount prescription drug program for certain individuals, to require retail pharmacies to offer certain discounts, and to prescribe penalties and remedies.

Was read the second time.

The question being "Shall SB 192 pass?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

Yeas:
Apa; Bogue; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky

Nays:
Albers; Brosz; Koskan; Olson (Ed); Staggers; Whiting

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

Sen. Everist moved that SB 242 be placed to precede SB 220 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 242: FOR AN ACT ENTITLED, An Act to affect the sale and pricing of prescription drugs in the State of South Dakota.

Was read the second time.

The question being "Shall SB 242 pass?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Apa; Staggers

Excused:
Hagen

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

SB 220: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the suspension of students from extracurricular activities for certain drug and marijuana offenses.

Was read the second time.

Sen. Moore moved that SB 220 be further amended as follows:

On page 2, line 2 of the Senate Education Committee engrossed bill, delete " The " .

On page 2 , delete lines 3 to 7 , inclusive.

Which motion prevailed.

Sen. McCracken moved the previous question.

Which motion prevailed.

The question being "Shall SB 220 pass as amended?"

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Daugaard; de Hueck; Dennert; Duxbury; Ham; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Volesky

Nays:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Vitter; Whiting

Excused:
Hagen

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

SB 226: FOR AN ACT ENTITLED, An Act to revise and supplement certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the South Dakota Building Authority for the purpose of raising funds for specified purposes, to provide for transfer and sale at any one time or from time to time of a portion of or all future right, title, and interest of the State of South Dakota to certain amounts payable to the state by various tobacco companies under a master settlement agreement in exchange for the deposit of the net proceeds of such sale into the state permanent tobacco settlement development trust fund, and to establish certain funds.

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

Sen. Everist moved that SB 226 be further amended as follows:

On page 13, line 16 of the Senate State Affairs Committee engrossed bill, delete:

"Section 14. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Which motion prevailed.

Sen. Hutmacher announced his intention to file a letter of dissent pursuant to Joint Rule 1-10 on the ruling of the President that SB 226 did not require an affirmative vote of a two- thirds majority of the members-elect.

The President so noted the intent.

The question being "Shall SB 226 pass as amended?"

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Vitter; Whiting

Nays:
de Hueck; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Volesky

Excused:
Hagen

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

SB 231: FOR AN ACT ENTITLED, An Act to provide for the prompt payment of certain uncontested health care claims.

Was read the second time.

Sen. Ed Olson moved that SB 231 be further amended as follows:

On page 1, line 6 of the Senate Health and Human Services Committee engrossed bill, delete " payment of health care expenses " and insert "which there is no need for additional information to determine eligibility or adjudicate the claim."

On page 1 , delete lines 7 and 8 .

On page 1 , line 9, delete " requirements. "

On page 1 , line 11, after " law " insert "or a claim for which fraud is suspected".

On page 1 , delete line 12 .

On page 2 , delete lines 1 to 10 , inclusive.

On page 2 , line 15, after " carrier " insert "and if the claim is payable under the plan".

On page 2 , line 18, after " needed " insert "in order to determine eligibility or adjudicate the claim".

On page 2 , delete lines 21 to 24 , inclusive.

On page 3 , delete lines 1 to 6 , inclusive.

On page 3 , line 10, delete " 58-17A, 58-17B, " .

On page 3 , line 10, delete " 58-19, " .

On page 3 , line 11, after " 58-41. " insert "Nothing in this Act applies to disability income policies or certificates, accident only, credit health, workers' compensation, long-term care, medicare supplement, automobile medical payment, or other types of health insurance that are not medical expense policies or certificates. Nothing in this Act grants a private right of action."

Which motion prevailed.

The question being "Shall SB 231 pass as amended?"

And the roll being called:

Yeas 28, Nays 5, Excused 2, Absent 0

Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Vitter; Volesky; Whiting

Nays:
Bogue; Greenfield; Staggers; Sutton (Dan); Symens

Excused:
de Hueck; Hagen

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

SB 239: FOR AN ACT ENTITLED, An Act to establish the regents scholarship program and provide for its funding.

Was read the second time.

Sen. Hainje moved that SB 239 be further amended as follows:

On page 1, line 10 of the Senate State Affairs Committee engrossed bill, delete everything after " Dakota's " and insert "public universities or technical schools."

On page 1 , delete line 15 .

On page 2, delete line 1 and insert:

"(3) Attend one of the six Board of Regents universities or four state technical institutes;".

Sen. Koskan requested a roll call vote.

Which request was supported.

The question being on Sen. Hainje's motion that SB 239 be further amended.

And the roll being called:

Yeas 12, Nays 22, Excused 1, Absent 0

Yeas:
Apa; Bogue; Brosz; Brown (Arnold); Diedrich (Larry); Drake; Everist; Hainje; Kleven; Reedy; Vitter; Whiting

Nays:
Albers; Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Greenfield; Ham; Hutmacher; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Staggers; Sutton (Dan); Symens; Volesky

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

The question being "Shall SB 239 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Albers; Bogue; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Apa; Brosz; Brown (Arnold)

Excused:
Hagen

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

SB 240: FOR AN ACT ENTITLED, An Act to make an appropriation for the regents scholarship program.

Was read the second time.

Sen. Hutmacher moved that SB 240 be further amended as follows:

On the Senate State Affairs Committee engrossed bill, delete all amendments made by the Senate State Affairs Committee, thus restoring the bill to the printed version.

Sen. Bogue moved that Sen. Hutmacher's motion to amend SB 240 be laid on the table.

Sen. Hutmacher requested a roll call vote.

Which request was supported.

The question being on Sen. Bogue's motion that Sen. Hutmacher's motion to further amend SB 240 be laid on the table.

And the roll being called:

Yeas 21, Nays 11, Excused 3, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Olson (Ed); Putnam; Vitter; Whiting

Nays:
de Hueck; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Volesky

Excused:
Hagen; Munson; Staggers

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Hutmacher's motion to further amend SB 240 was laid on the table.

The question being "Shall SB 240 pass as amended?"

And the roll being called:

Yeas 22, Nays 12, Excused 1, Absent 0

Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Vitter; Whiting

Nays:
Apa; de Hueck; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Volesky

Excused:
Hagen

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1015: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to provide for the renovation of the entrance, parking, and garage facilities located at the South Dakota School for the Deaf in Sioux Falls, Minnehaha County, and to make an appropriation therefor.

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

HB 1068: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to implement the long-term capital project request of the Board of Regents, providing for the construction, remodeling, or renovation of various structures on the campuses of the state's universities and to make appropriations therefor.

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

HB 1250: FOR AN ACT ENTITLED, An Act to revise certain distance restrictions related to hunting from public rights-of-way near certain farmsteads.

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

HB 1262: FOR AN ACT ENTITLED, An Act to allow for reasonable attorney's fees in stockholder litigation.

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

HB 1285: FOR AN ACT ENTITLED, An Act to make distributions from the South Dakota-bred racing fund and the special racing revolving fund and to declare an emergency.

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

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1297 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Bob Drake, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1083 and 1092.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1110 and has appointed Reps. Thomas Hennies, McCaulley, and Gillespie 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.

Respectfully,
Karen Gerdes, Chief Clerk

The President appointed as such committee Sens. Albers, McCracken, and Volesky.

COMMUNICATIONS AND PETITIONS

February 16, 2001

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 76 and 93, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

Sen. Everist moved that HB 1019, 1020, 1032, 1070, 1114, 1116, 1126, 1134, 1145, 1154, 1166, 1177, 1198, 1205, 1223, 1265, and 1276 be deferred to Tuesday, February 20, the 29^th legislative day.

Which motion prevailed and the bills were so deferred.

COMMEMORATIONS

SC 5 Introduced by: Senators Sutton (Dan), Daugaard, Diedrich (Larry), Kleven, and McIntyre and Representatives Slaughter, Garnos, Hennies (Thomas), Lange, Nesselhuf, and Olson (Mel)

A LEGISLATIVE COMMEMORATION, Honoring Elizabeth Becker as a recipient of the Prudential Spirit of Community Award.

WHEREAS, Elizabeth Becker, an esteemed resident of Flandreau and a student at Flandreau Public High School, has achieved national recognition for exemplary volunteer service by receiving a 2001 Prudential Spirit of Community Award; and

WHEREAS, this prestigious award, presented by The Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Ms. Becker earned this award by giving generously of her time and energy to creating and implementing a summer music camp to help fifth and sixth grade students develop an interest in learning to play an instrument; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Ms. Becker who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-sixth Legislature of the State of South Dakota, that Ms. Elizabeth Becker be honored and congratulated as a recipient of a Prudential Spirit of Community Award and be recognized for her outstanding record of volunteer service, peer leadership, and community spirit.

Sen. Brosz moved that the Senate do now adjourn, which motion prevailed and at 8:36 p.m. the Senate adjourned.

Patricia Adam, Secretary