JOURNAL OF THE SENATE

SEVENTY-SECOND  SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 14, 1997

    BE IT REMEMBERED, That on the fourteenth day of January, A.D., one thousand nine hundred ninety-seven, at the hour of twelve o'clock meridian, being the date and hour fixed by the Constitution of the State of South Dakota for the convening of the Legislature, the Seventy- second regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Carole Hillard in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

    The following prayer was offered by the Chaplain, Pastor Ron Burkhalter, Grand Avenue Wesleyan Church, Pierre, South Dakota.

    Our Father in heaven, we pause in this moment to acknowledge You as our sovereign God -- the One who created and sustains us.

    Bless these Your servants as they begin again to wrestle with the difficult and delicate issues that face the people of our state. Remind us now and throughout this session of our state's motto -- that under You, the people rule. Help them to know that You are concerned about what is said and done here. Give them the sense of Your presence to give them courage and speak to them to give them wisdom beyond their own. May they hear Your voice and seek Your guidance so that when all is said and done they may have a clear conscience before You.

    Bless their families and interests back home. You know them, their needs, their motives, their hopes, and their fears. Bless each of us according to our deepest needs and use us to bring honor to Your name. I ask these favors in the name of our risen lord and savior, Jesus Christ. Amen.
    
    The Pledge of Allegiance to the flag of the United States was led by Senate page Heidi Levin.


    I, JOYCE HAZELTINE, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the Senate at the general election held on November 5, 1996, are hereby certified as members of the Senate of the 1997-1998 Legislative Sessions:

District No.  1  Codington, Day, Marshall and Roberts Counties
    Paul N. Symens, Amherst

District No.  2  Brown and Marshall Counties
    H. Paul Dennert, Columbia

District No.  3  Brown and McPherson Counties
    Jim Lawler, Aberdeen

District No.  4  Brookings, Deuel and Grant Counties
    Harold W. Halverson, Twin Brooks

District No.  5  Codington County
    Jim D. Thompson, Watertown

District No.  6  Clark, Codington, Hamlin, Kingsbury and Miner Counties
    Randy Frederick, Hayti

District No.  7  Brookings County

District No.  8  Lake, Minnehaha and Moody Counties
    Gerald Lange, Madison

District No.  9  McCook, Minnehaha and Turner Counties
    Dennis Daugaard, Garretson

District No. 10  Lincoln and Minnehaha Counties
    Dave Munson, Sioux Falls

District No. 11  Minnehaha County
    Dick Hainje, Sioux Falls

District No. 12  Minnehaha County
    Keith Paisley, Sioux Falls

District No. 13  Minnehaha County
    Kermit L. Staggers, Sioux Falls

District No. 14  Minnehaha County
    Barbara Everist, Sioux Falls

District No. 15  Minnehaha County
    Rebecca J. Dunn, Sioux Falls



District No. 16  Lincoln and Union Counties
    Kenneth D. Albers, Canton

District No. 17  Clay and Turner Counties
    John J. Reedy, Vermillion

District No. 18  Yankton County
    Bernie Hunhoff, Yankton

District No. 19  Bon Homme, Douglas and Hutchinson Counties
    Frank J. Kloucek, Scotland

District No. 20  Davison and Hanson Counties
    Mel Olson, Mitchell

District No. 21  Beadle and Spink Counties
    Charlie Flowers, Iroquois

District No. 22  Aurora, Buffalo, Hand, Jerauld, Sanborn and Spink Counties
    JoAnn Morford-Burg, Wessington Springs

District No. 23  Campbell, Edmunds, Faulk, Hyde, Potter and Walworth Counties
     Robert Drake, Bowdle

District No. 24  Hughes, Lyman, Stanley and Sully Counties
    M. Michael Rounds, Pierre

District No. 25  Brule, Charles Mix, Gregory and Lyman Counties
    James K. Hutmacher, Chamberlain

District No. 26  Bennett, Haakon, Jackson, Jones, Lyman, Mellette and Tripp Counties
     Robert Benson, Clearfield

District No. 27  Bennett, Shannon and Todd Counties
    Paul Valandra, Mission

District No. 28  Butte, Corson, Dewey, Harding, Perkins and Ziebach Counties
     William J. Johnson, Buffalo

District No. 29  Butte and Meade Counties
    Marguerite Kleven, Sturgis

District No. 30  Custer, Fall River and Pennington Counties
    Drue J. Vitter, Hill City

District No. 31  Lawrence County
    James B. Dunn, Lead


District No. 32  Pennington County
    Arlene H. Ham, Rapid City

District No. 33  Meade and Pennington Counties
    Fred Whiting, Rapid City

District No. 34  Pennington County
    Jerry J. Shoener, Rapid City

District No. 35  Pennington County
    Alan Aker, Rapid City

    IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 10th day of January, 1997.

(SEAL)

JOYCE HAZELTINE

Secretary of State

    The oath of office was administered by the Honorable John Konenkamp, Justice of the Supreme Court of the State of South Dakota, to the following Senators-elect:

        Alan Aker    Marguerite Kleven
     Kenneth D. Albers    Frank J. Kloucek
        Robert Benson    Gerald Lange
        Dennis Daugaard    Jim Lawler
        H. Paul Dennert    JoAnn Morford-Burg
        Robert Drake    Dave Munson
        James B. Dunn    Mel Olson
        Rebecca J. Dunn    Keith Paisley
        Barbara Everist    John J. Reedy
        Charlie Flowers    M. Michael Rounds
        Randy Frederick    Jerry J. Shoener
        Dick Hainje    Kermit L. Staggers
        Harold W. Halverson    Paul N. Symens
        Arlene H. Ham    Jim D. Thompson
        Bernie Hunhoff    Drue J. Vitter
        James K. Hutmacher    Fred Whiting
        William J. Johnson

    Which were subscribed to and placed on file in the office of the Secretary of State.

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

    Sens. Halverson and Lange offered prayers and a moment of silence was observed in memory of Sen. Negstad.



MOTIONS AND RESOLUTIONS


    Sen. Rounds moved that the Senate do now proceed with the organization of the Senate.

    Which motion prevailed.

    Sen. Rounds moved that Sen. Halverson be elected President Pro tempore of the Senate for the Seventy-second Legislative Session.

    The question being on Sen. Rounds' motion that Sen. Halverson be elected President Pro tempore of the Senate for the Seventy-second Legislative Session.

     And the roll being called:

     Yeas 33, Nays 0, Excused 1, Absent and not voting 0

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting

     Excused were:
Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and Sen. Halverson was elected President Pro tempore of the Senate.

    The oath of office was administered by the Honorable John Konenkamp, Justice of the Supreme Court of the State of South Dakota, to President Pro tempore Harold W. Halverson.
    
    Which was subscribed to and placed on file in the office of the Secretary of State.

    Sen. Rounds moved that Patricia Adam be elected Secretary of the Senate for the Seventy- second Legislative Session.

    The question being on Sen. Rounds' motion that Patricia Adam be elected Secretary of the Senate for the Seventy-second Legislative Session.


     And the roll being called:

     Yeas 33, Nays 0, Excused 1, Absent and not voting 0

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting

     Excused were:
Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and Patricia Adam was elected Secretary of the Senate.

    The oath of office was administered by the Honorable John Konenkamp, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Patricia Adam.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    The President announced the appointment of the following named persons as employees of the Senate for the Seventy-second Legislative Session:

    First Assistant to the Secretary -- Helen Harryman

    Second Assistant to the Secretary -- Joan Johnson

    Assistant Chief of Enrolling and Engrossing -- Gail Eichstadt

    Index Clerk -- Dennis Gibbs

    Secretary to the Majority Leader -- Alma Matzen

    Secretary to the Minority Leader -- Sandy Waltman

            Committee Secretaries -- Doris Donner, Cindy Nickels, Brooke Pike, Gayle Schekel, Jean
        Smith

    Sergeant-at-Arms -- Curt Neuharth

            Assistant Sergeants-at-Arms -- Rollie Benson, Alice Mae Kennedy, Milo Smith, Don Rounds

    Postal Clerk - Harry Harryman

    Documents Clerk -- Leo Pietrus



            Pages (1st Term) -- Ginger Ammon, Rebecca Crance, Terrilyn Holzer, Becky Kloucek, Heidi Levin, Joanna Mack, Jennifer McEntee, Amy Schmit, Abi Seymour

            Pages (2nd Term) -- Nicole Anderson, Kristin Brinkman, Christena Eberhart, Lonnie Haaland, Jennifer Holscher, Rachel Oslund, Amanda Schlaht, Steve Stickelmyer, David Wright, Matthew Zeman

            Pages (3rd Term) -- Michael Clegg, Janice Cook, Matthew Fiorita, Shanna Hilderman, Stephanie Hummel, Cynthia Jackson, Dawn Mulloy, Jewell Rusten, Ashley Trankle, Aaron Van Ruler

            Pages (4th Term) -- Christina Barth, Angela Brengle, Christopher Cluts, Tara Creighton, Nancy Gilbertson, Ellery Grey, Austin Kaus, Lillika Liikala, Lacey Livermont, Camie Miller, Amber Volner

            Legislative Interns -- Laurie Chauncey, Eric Cummins, Theodore Dickey, Grant Hosmer, Kevin Maxwell, Amy Meeder, Nicole Nachtigal, Ramona Reiss, Maximillian Wetz

            Legislative Aides -- Ryan Harris, Matthew Mathiesen, Shannon Poppinga, Ryan Rollinger

    The oath of office was administered by the Honorable John Konenkamp, Justice of the Supreme Court of the State of South Dakota, to the following named employees:

    First Assistant to the Secretary -- Helen Harryman

    Second Assistant to the Secretary -- Joan Johnson

    Assistant Chief of Enrolling and Engrossing -- Gail Eichstadt

    Index Clerk -- Dennis Gibbs

    Secretary to the Majority Leader -- Alma Matzen

    Secretary to the Minority Leader -- Sandy Waltman

            Committee Secretaries -- Doris Donner, Cindy Nickels, Brooke Pike, Gayle Schekel, Jean
        Smith

    Sergeant-at-Arms -- Curt Neuharth

    Assistant Sergeant-at-Arms -- Rollie Benson

    Postal Clerk - Harry Harryman

    Documents Clerk -- Leo Pietrus

            Pages (1st Term) -- Ginger Ammon, Rebecca Crance, Terrilyn Holzer, Becky Kloucek, Heidi Levin, Joanna Mack, Jennifer McEntee, Amy Schmit, Abi Seymour



            Legislative Interns -- Laurie Chauncey, Eric Cummins, Theodore Dickey, Grant Hosmer, Kevin Maxwell, Amy Meeder, Nicole Nachtigal, Ramona Reiss, Maximillian Wetz

            Legislative Aides -- Ryan Harris, Matthew Mathiesen, Shannon Poppinga, Ryan Rollinger

    Which were subscribed to and placed on file in the office of the Secretary of State.

    Sen. Rounds moved that the permanent joint rules and the permanent Senate rules of the Seventy-first Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Seventy-second Legislative Session.

    The question being on Sen. Rounds' motion that the permanent joint rules and the permanent Senate rules of the Seventy-first Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Seventy-second Legislative Session.

     And the roll being called:

     Yeas 33, Nays 0, Excused 1, Absent and not voting 0

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting

     Excused were:
Valandra

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

    Sen. Rounds moved 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 make arrangements for the Joint Session to receive the message of the Governor.

    Which motion prevailed and the President appointed as such committee Sens. Rounds, Halverson, and Hunhoff.

    Sen. Rounds moved 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 notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications that he may desire to make.

    Which motion prevailed and the President appointed as such committee Sens. Rounds, Halverson, and Hunhoff.


    Sen. Rounds moved 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 relative to the Joint Rules for the two houses for the Seventy-second Legislative session.

    Which motion prevailed and the President appointed as such committee Sens. Rounds, Halverson, and Hunhoff.

    Sen. Rounds moved 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 make arrangements for legislative days for the members, officers, and employees of the Senate and the House for the Seventy-second Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Halverson, Rounds, and Hunhoff.

    Sen. Rounds moved 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 fix the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-second Legislative Session pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and the President appointed as such committee Sens. Halverson, Rounds, and Hunhoff.

    Sen. Rounds moved 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 confer with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals and bills, and other legislative printing for the two Houses and the state offices, with the full power to act.

    Which motion prevailed and the President appointed as such committee Sens. Jim Dunn, Everist, and Rebecca Dunn.

    Sen. Rounds moved 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 select chaplains for the Seventy-second Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Johnson, Aker, and Lange.

    Sen. Rounds moved 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 arrange for a memorial recognition of deceased former members of the Senate and House.

    Which motion prevailed and the President appointed as such committee Sens. Paisley, Shoener, and Morford-Burg.


    SCR1   Introduced by:  Senators Everist, Lange, and Thompson and Representatives Duxbury, Hagg, and Moore at the request of the North Dakota/South Dakota Interim Study Commission

A CONCURRENT RESOLUTION,  Urging the South Dakota Board of Regents to continue     to pursue collaborative efforts with the North Dakota State Board of Higher Education .

     WHEREAS,  the South Dakota Board of Regents and the North Dakota State Board of Higher Education have initiated discussion regarding cooperative ventures between the two university systems; and

    WHEREAS, during the 1996 interim, the South Dakota Legislative Research Council and the North Dakota Legislative Council established the North Dakota/South Dakota Commission to study and identify ways that the two states can collaborate to deliver government services more efficiently; and

    WHEREAS, the South Dakota Board of Regents and the North Dakota State Board of Higher Education participated in the deliberations on the North Dakota/South Dakota Commission and identified several areas for potential cooperation between the two university systems, including exploration of cooperative purchasing arrangements, implementation of joint student follow-up processes, development and improvement of research infrastructure and research capabilities, provision of services by the academic community to the public sector, distance education, the development of information systems, and provision of reciprocity between the states for certain low-enrollment programs:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Board of Regents and the North Dakota State Board of Higher Education are urged to continue to pursue collaborative efforts between the two systems. Copies of this resolution are to be forwarded to the South Dakota Board of Regents and the North Dakota State Board of Higher Education.

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


     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Wednesday, January 15, the 2nd legislative day.

     Which motion prevailed.


    The President announced the appointment of the following standing committees:


**Denotes Chair
* Denotes Vice-Chair

AGRICULTURE & NATURAL RESOURCES (9)

**Dunn (Jim), *Aker, Ham, Thompson, Vitter, Hunhoff, Kloucek, Reedy.

APPROPRIATIONS (9)

**Frederick, *Johnson (William), Benson, Drake, Hainje, Kleven, Dennert, Morford-Burg, Symens.

COMMERCE (7)

**Shoener, * Munson (David ), Daugaard, Staggers, Lawler, Olson, Valandra.

EDUCATION (7)

**Everist, *Paisley, Ham, Rounds, Hutmacher, Lange, Reedy.

GOVERNMENT OPERATIONS & AUDIT (3)

**Johnson (William), *Kleven, Morford-Burg.

HEALTH & HUMAN SERVICES (7)

**Dunn (Jim ), Albers, Halverson, Kloucek, Lawler, Olson.

JUDICIARY (7)

**Whiting, *Munson (David ), Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra.

LEGISLATIVE PROCEDURE (7)

**Halverson, *Rounds, Paisley, Whiting, Dunn (Rebecca), Hunhoff, Hutmacher.

LOCAL GOVERNMENT (7)

**Aker, *Ham, Albers, Vitter, Hutmacher, Kloucek, Reedy.

RETIREMENT LAWS (5)

**Rounds, *Albers, Hunhoff, Lawler.

STATE AFFAIRS (9)

**Halverson, *Rounds, Dunn (Jim), Everist, Munson (David), Whiting, Dunn (Rebecca), Hunhoff, Lawler.

TAXATION (9)

**Paisley, *Shoener, Daugaard, Staggers, Thompson, Flowers, Lange, Olson.

TRANSPORTATION (7)

**Staggers, *Shoener, Albers, Vitter, Flowers, Hutmacher, Lange.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1   Senator Everist and Representatives DeMersseman and Putnam

     FOR AN ACT ENTITLED, An Act  to codify the legislation passed in 1996.

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

     SB 2   Senator Everist and Representatives DeMersseman and Putnam

     FOR AN ACT ENTITLED, An Act  to classify certain crimes.

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

     SB 3   Senator Everist and Representatives DeMersseman and Putnam at the request of the Board of Finance

     FOR AN ACT ENTITLED, An Act  to remove an obsolete duty of the Board of Finance.

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

     SB 4   Senator Everist and Representatives DeMersseman and Putnam at the request of the Lottery Commission

     FOR AN ACT ENTITLED, An Act  to correct an omission in 1996 Senate Bill 225.

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

     SB 5   Senators Kloucek, Hunhoff, and Hutmacher and Representatives Moore, Chicoine, and Haley

     FOR AN ACT ENTITLED, An Act  to make certain large-scale contract livestock feeders liable for environmental damages.

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

     SB 6   Senators Kloucek, Hunhoff, and Hutmacher and Representatives Chicoine, Haley, Koetzle, and Moore


     FOR AN ACT ENTITLED, An Act  to prohibit discriminatory pricing of drugs by manufacturers and to establish a penalty.

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

     SB 7   Senators Thompson and Lange and Representatives Moore, Duxbury, and Hagg at the request of the North Dakota/South Dakota Interim Study Commission

     FOR AN ACT ENTITLED, An Act  to provide for the establishment of entities to conduct certain joint interstate activities.

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

     SB 8   Senators Thompson and Lange and Representatives Hagg, Duxbury, and Moore at the request of the North Dakota/South Dakota Interim Study Commission

     FOR AN ACT ENTITLED, An Act  to require the Department of Labor to conduct certain studies regarding workers' compensation.

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

     SB 9   Senators Thompson, Everist, and Lange and Representatives Duxbury, Hagg, and Moore at the request of the North Dakota/South Dakota Interim Study Commission

     FOR AN ACT ENTITLED, An Act  to permit the Department of Transportation to undertake certain joint highway maintenance activities with North Dakota.

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

     SB 10   Senators Lange, Everist, and Thompson and Representatives Duxbury, Hagg, and Moore at the request of the North Dakota/South Dakota Interim Study Commission

     FOR AN ACT ENTITLED, An Act  to authorize the Board of Regents to enter into cooperative purchasing agreements with the North Dakota State Board of Higher Education.

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

     SB 11   Senators Shoener and Halverson and Representative Cerny at the request of the Interim Rules Review Committee


     FOR AN ACT ENTITLED, An Act  to require the filing of copies of documents regarding certain administrative procedures with the Legislative Research Council.

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

     SB 12   Senators Kleven, Hunhoff, and Hutmacher and Representatives Gleason, Brosz, Fitzgerald, McNenny, and Waltman at the request of the Interim Agriculture Products Committee

     FOR AN ACT ENTITLED, An Act  to create a task force to assist in the efforts to promote the cooperative processing of livestock and grains.

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

     SB 13   Senators Hunhoff, Hutmacher, and Kleven and Representatives Waltman, Fitzgerald, and Gleason at the request of the Interim Agriculture Products Committee

     FOR AN ACT ENTITLED, An Act  to revise the tax refund provisions for agricultural facilities.

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

     SB 14   Senators Kleven, Hunhoff, and Hutmacher and Representatives Fitzgerald, Gleason, and Waltman

     FOR AN ACT ENTITLED, An Act  to establish the value added agriculture loan fund, to provide for its funding, and to continuously appropriate money in the fund.

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

     SB 15   Senator Whiting and Representatives Belatti, Brooks, DeMersseman, Duniphan, Haley, and Koetzle at the request of the Interim Criminal Code Revision Committee

     FOR AN ACT ENTITLED, An Act  to revise the penalties for certain felony convictions.

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

     SB 16   Senator Whiting and Representatives DeMersseman, Belatti, Haley, and Koetzle at the request of the Interim Criminal Code Revision Committee


     FOR AN ACT ENTITLED, An Act  to provide for the sunset of certain mandatory minimum sentences.

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

     SB 17   Senator Aker and Representative Monroe

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

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

     SB 18   Senators Johnson (William) and Morford-Burg and Representatives Munson (Donald) and Chicoine at the request of the Interim Government Operations and Audit Committee

     FOR AN ACT ENTITLED, An Act  to provide for the licensure of audiologists and establish a combined board for the regulation of audiologists and hearing aid dispensers.

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

     SB 19   The Committee on State Affairs at the request of the Commissioner of School and Public Lands

     FOR AN ACT ENTITLED, An Act  to provide for the investment by the state investment council of certain school and public lands funds.

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

     SB 20   The Committee on State Affairs at the request of the Commissioner of School and Public Lands

     FOR AN ACT ENTITLED, An Act  to appropriate money for the repair of certain small dams.

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

     SB 21   The Committee on State Affairs at the request of the Secretary of State

     FOR AN ACT ENTITLED, An Act  to abolish straight-party voting and to revise certain provisions relating to election ballots.


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

     SB 22   The Committee on State Affairs at the request of the State Treasurer

     FOR AN ACT ENTITLED, An Act  to provide for the extension of the period of time which the state treasurer may negotiate with successful bidders to act as active depositories for the collection of instruments.

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

     SB 23   The Committee on State Affairs at the request of the State Treasurer

     FOR AN ACT ENTITLED, An Act  to make the state treasurer an ex officio, voting member of all bonding authority boards.

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

     SB 24   The Committee on Education at the request of the Department of Education and Cultural Affairs

     FOR AN ACT ENTITLED, An Act  to clarify payment of state aid to education by defining which schools are included in computation of average daily membership and repealing the waiver of tuition for nonresident students.

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

     SB 25   The Committee on Education at the request of the State Treasurer

     FOR AN ACT ENTITLED, An Act  to establish a task force to study prepaid post- secondary education tuition plans and to make an appropriation therefor.

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

     SB 26   The Committee on Local Government at the request of the State Board of Elections

     FOR AN ACT ENTITLED, An Act  to revise the requirements for the type of facilities that may be provided assistance concerning absentee ballots during a general election.

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


     SB 27   The Committee on Local Government at the request of the State Board of Elections

     FOR AN ACT ENTITLED, An Act  to revise the time frames for giving notice concerning local elections and the distribution of sample ballots.

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

     SB 28   The Committee on Local Government at the request of the State Board of Elections

     FOR AN ACT ENTITLED, An Act  to permit governmental subdivisions to share polling places.

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

     SB 29   The Committee on Local Government at the request of the State Board of Elections

     FOR AN ACT ENTITLED, An Act  to establish a fine for using voter registration information for any commercial purpose or economic gain.

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

     SB 30   The Committee on Local Government at the request of the State Board of Elections

     FOR AN ACT ENTITLED, An Act  to revise requirements concerning deadline for registration cards.

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

     SB 31   The Committee on Retirement Laws at the request of the South Dakota Retirement System

     FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the deferred compensation fund for public employees and to revise certain rule-making authority regarding the maximum annual benefits paid by the South Dakota Retirement System.

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

     SB 32   The Committee on Retirement Laws at the request of the South Dakota Retirement System


     FOR AN ACT ENTITLED, An Act  to grant credited service to certain members of the South Dakota Retirement System.

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

     SB 33   The Committee on Retirement Laws at the request of the South Dakota Retirement System

     FOR AN ACT ENTITLED, An Act  to allow class B members of the South Dakota Retirement System to purchase certain public service as class B service.

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

     SB 34   The Committee on Retirement Laws at the request of the South Dakota Retirement System

     FOR AN ACT ENTITLED, An Act  to increase the retirement allowance for certain credited service under the South Dakota Retirement System.

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

     SB 35   The Committee on Retirement Laws at the request of the South Dakota Retirement System

     FOR AN ACT ENTITLED, An Act  to remove South Dakota Retirement System additional survivor protection payments as deductions against lump-sum payments.

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

     SB 36   The Committee on Retirement Laws at the request of the South Dakota Retirement System

     FOR AN ACT ENTITLED, An Act  to revise the method of calculating retirement benefits for South Dakota Retirement System members whose benefits are suspended upon reemployment after retirement.

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

     SB 37   The Committee on Agriculture & Natural Resources at the request of the Department of Environment and Natural Resources


     FOR AN ACT ENTITLED, An Act  to authorize the Board of Water and Natural Resources to contract for financial services, to provide for the confidentiality of certain proprietary information, and to authorize additional forms of financial assistance by the board.

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

     SB 38   The Committee on Agriculture & Natural Resources at the request of the Department of Environment and Natural Resources

     FOR AN ACT ENTITLED, An Act  to repeal certain rule-making authority of the Department of Environment and Natural Resources and to revise certain rule-making authority of water development districts.

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

     SB 39   Introduced by:  The Committee on Agriculture & Natural Resources at the request of the Department of Environment and Natural Resources

     FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding water user districts and water development districts.

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

     SB 40   The Committee on Appropriations at the request of the Department of Environment and Natural Resources

     FOR AN ACT ENTITLED, An Act  to make certain revisions regarding official actions of the Board of Water and Natural Resources.

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

     SB 41   The Committee on Appropriations at the request of the Department of Environment and Natural Resources

     FOR AN ACT ENTITLED, An Act  to make appropriations from the water and environment fund and to declare an emergency.

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

     SB 42   The Committee on Government Operations and Audit at the request of the Attorney General


     FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding officers and employees of the state entering into contracts with the state.

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

     SB 43   The Committee on Judiciary at the request of the Attorney General

     FOR AN ACT ENTITLED, An Act  to establish certain requirements and to prohibit certain practices regarding sweepstake prizes and to provide a penalty for certain violations thereof.

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

     SB 44   The Committee on Judiciary at the request of the Attorney General

     FOR AN ACT ENTITLED, An Act  to regulate and prohibit certain telephone merchandising practices and to provide a penalty.

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

     SB 45   The Committee on Judiciary at the request of the Attorney General

     FOR AN ACT ENTITLED, An Act  to remove certain restrictions on public employees and public employee organizations.

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

     SB 46   The Committee on Judiciary at the request of the Attorney General

     FOR AN ACT ENTITLED, An Act  to expand the definition of sex crime for sex offender registration purposes.

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

     SB 47   The Committee on Judiciary at the request of the Attorney General

     FOR AN ACT ENTITLED, An Act  to revise the processing of certain genetic marker specimens.

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


     SB 48   The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act  to authorize construction of an animal resource addition to the animal disease research and diagnostic laboratory at South Dakota State University and to provide for its funding.

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

     SB 49   The Committee on Education at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act  to authorize the Board of Regents to make certain lease and lease-purchase payments from the educational facilities fund.

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

     SB 50   The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act  to authorize the Board of Regents to accept title to the swine test station facilities located on the campus of South Dakota State University.

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

     SB 51   The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act  to authorize the Board of Regents to erect a cold storage building on the campus of Black Hills State University and to provide for its funding.

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

     SB 52   The Committee on State Affairs at the request of the Department of Game, Fish, and Parks

     FOR AN ACT ENTITLED, An Act  to reclassify a certain state park to a state recreation area, to authorize a park license to be required at certain state recreation and lakeside use areas, and to declare an emergency.

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

     SB 53   The Committee on State Affairs at the request of the Department of Game, Fish, and Parks


     FOR AN ACT ENTITLED, An Act  to repeal certain provisions relating to the qualifications, compensation, and reimbursement of certain Department of Game, Fish and Parks employees.

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

     SB 54   The Committee on Judiciary at the request of the Department of Game, Fish, and Parks

     FOR AN ACT ENTITLED, An Act  to revise the violations which are cause for the revocation of a person's hunting, trapping, or fishing privileges and to extend the duration of the revocation.

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

     SB 55   The Committee on Health and Human Services at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act  to revise certain provisions related to birth records.

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

     SB 56   The Committee on Health and Human Services at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act  to revise certain authority of the secretary of health to enter into mutual agreements regarding inspections of lodging and food services and to revise the duration of a temporary food service license.

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

     SB 57   The Committee on Transportation at the request of the Department of Transportation

     FOR AN ACT ENTITLED, An Act  to reduce the legal blood alcohol limits for motor vehicle drivers under twenty-one years of age.

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

     SB 58   The Committee on Transportation at the request of the Department of Transportation


     FOR AN ACT ENTITLED, An Act  to authorize a fee to be charged for a permit allowing utilities to use a highway right-of-way for longitudinal lines.

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

     SB 59   The Committee on Transportation at the request of the Department of Transportation

     FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the elimination of railroad crossings.

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

     SB 60   The Committee on Taxation at the request of the Department of Revenue

     FOR AN ACT ENTITLED, An Act  to revise the requirements under which the Department of Revenue may disclose certain tax return information to other state agencies.

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

     SB 61   The Committee on Taxation at the request of the Department of Revenue

     FOR AN ACT ENTITLED, An Act  to revise certain dates pertaining to references to the Internal Revenue Code.

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

     SB 62   The Committee on Health and Human Services at the request of the Department of Social Services

     FOR AN ACT ENTITLED, An Act  to require a personal representative to include social security numbers of deceased medical assistance recipients in certain notices provided to the Department of Social Services.

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

     SB 63   The Committee on Health and Human Services at the request of the Department of Social Services

     FOR AN ACT ENTITLED, An Act  to extend medical assistance recovery to estates of surviving spouses of certain deceased medical assistance recipients.


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

     SB 64   The Committee on Health and Human Services at the request of the Department of Social Services

     FOR AN ACT ENTITLED, An Act  to limit the time that a child may remain in foster care under certain conditions.

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

     SB 65   The Committee on State Affairs at the request of the Public Utilities Commission

     FOR AN ACT ENTITLED, An Act  to revise certain citations to federal statutes and regulations regarding pipeline safety.

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

     SB 66   The Committee on Health and Human Services at the request of the Department of Human Services

     FOR AN ACT ENTITLED, An Act  to consolidate the duties of the Governor's Advisory Committee on Employment of Individuals with Disabilities under the Board of Vocational Rehabilitation.

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

     SB 67   The Committee on Health and Human Services at the request of the Department of Human Services

     FOR AN ACT ENTITLED, An Act  to transfer the authority to certify sign language interpreters to the Department of Human Services.

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

     SB 68   The Committee on Judiciary at the request of the Department of Corrections

     FOR AN ACT ENTITLED, An Act  to move the Crime Victims Compensation Program from the Department of Corrections to the Department of Social Services.

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



     SB 69   The Committee on Agriculture & Natural Resources at the request of the Department of Agriculture

     FOR AN ACT ENTITLED, An Act  to exempt certain information submitted to the Department of Agriculture from public disclosure requirements.

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

     SB 70   The Committee on Appropriations at the request of the Bureau of Finance and Management

     FOR AN ACT ENTITLED, An Act  to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

     SB 71   The Committee on Appropriations at the request of the Bureau of Finance and Management

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

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

     SB 72   The Committee on Appropriations at the request of the Bureau of Finance and Management

     FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to state aid to education and to declare an emergency.

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

     SB 73   The Committee on Appropriations at the request of the Bureau of Finance and Management

     FOR AN ACT ENTITLED, An Act  to increase certain license fees and other fees charged by the Office of the Secretary of State.

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


     SB 74   The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to revise the requirements for disclosure for certain health insurance coverages and to further limit the application of waiting periods for medicare supplement insurance.

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

     SB 75   The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to clarify the acts that constitute unfair claims practice and establish requirements for claims practices and procedures.

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

     SB 76   The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to repeal the requirement that insurance companies publish condensed financial statements.

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

     SB 77   The Committee on Health and Human Services at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to require the licensure of nonresident pharmacies.

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

     SB 78   The Committee on Health and Human Services at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to revise license requirements for the sale of nonprescription drugs and repeal licensure requirements for the sale of household remedies.

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


     SB 79   The Committee on Health and Human Services at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to repeal the licensure requirement to sell certain poisons.

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

     SB 80   The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to update and revise the Uniform Securities Act.

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

     SB 81   The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

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

     SB 82   The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to revise the South Dakota Uniform Securities Act to conform with the provisions of the National Securities Markets Improvement Act of 1996.

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

     Sen. Aker moved that the Senate do now adjourn, which motion prevailed, and at 12:53 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary