JOURNAL OF THE SENATE

SEVENTY-SECOND  SESSION




THIRD DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 16, 1997

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by Senate page Abi Seymour.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

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

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

     And we hereby move the adoption of the report.
Respectfully submitted,
HAROLD W. HALVERSON, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration SB 80 and 82 and returns the same with the recommendation that said bills do pass.


Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 81 and returns the same with the recommendation that said bill be amended as follows:

j-81
     On page 6 , line 11 of the printed bill, delete " shall " and insert " may " .

     On page 6 , line 12 , after " with " insert " and approval by " .

     And that as so amended said bill do pass.



Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 76 which was tabled.

Respectfully submitted,
JERRY SHOENER, Chair

CONSIDERATION OF REPORTS OF SELECT COMMITTEES


     Sen. Rounds moved that the report of the Joint-Select Committee relative to the Joint Rules of the House and Senate as found on page 38 of the Senate Journal not be adopted and returned to the Joint-Select Committee.

     Which motion prevailed.


     Sen. Rounds moved that the report of the Joint-Select Committee relative to securing chaplains for the Seventy-second Legislative Session as found on page 42 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

     Sen. Rounds moved that the report of the Joint-Select Committee relative to making arrangements for legislative days as found on page 42 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.


MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Joint-Select Committee relative to the Joint Rules for the Seventy-second Legislative Session.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to arranging legislative days for members, officers, and employees of the House and Senate.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to selecting chaplains for the Seventy-second Legislative Session.

Respectfully,
KAREN GERDES, Chief Clerk

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 83   Introduced by:  Senators Thompson, Hunhoff, and Lange

     FOR AN ACT ENTITLED, An Act  to repeal the provisions which allow straight party voting.


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

     SB 84   Introduced by:  Senators Thompson and Lange

     FOR AN ACT ENTITLED, An Act  to require persons to show evidence of financial responsibility before certain motor vehicles can be registered.

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

     SB 85   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to divide aggravated assault into degrees.

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

     SB 86   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to revise the standard of proof concerning whether certain acts of physicians are within the scope of their practice.

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

     SB 87   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to expand the civil jurisdiction of magistrate judges.

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

     SB 88   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to expand the jurisdiction of magistrate judges to include temporary protection order cases.

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

     SB 89   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to allow circuit judges from one or more circuits to share law library resources.

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



     SB 90   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to provide for jury districts.

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

     SB 91   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to clarify certain provisions concerning the enhancement of penalties for habitual criminals.

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

     SB 92   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to increase certain fees for a clerk of court records search.

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

     SB 93   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to grant full faith and credit to certain out-of-state and tribal protection orders.

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

     SB 94   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to revise the procedure to fix a new time period for execution of a death sentence if the time period established by the original warrant of execution has passed.

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

     SB 95   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to revise the terms of service for members of the Commission on Judicial Qualifications.

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


     SB 96   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to give the sentencing judge additional flexibility to impose a county jail sentence.

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

     SB 97   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act  to prohibit the harassment of certain public officers and employees by fraudulent legal proceedings or liens.

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

     SB 98   Introduced by:  Senator Thompson

     FOR AN ACT ENTITLED, An Act  to repeal the inheritance tax.

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


COMMEMORATIONS


     SC1   Introduced by:  The Members of the Seventy-second Legislative Session

A LEGISLATIVE COMMEMORATION,  Honoring the memory of Senator Richard B.     Negstad and lamenting his untimely passing.

     WHEREAS,  all of Senator Richard B. Negstad's legislative colleagues, both past and current, are saddened beyond measure by the sudden and unexpected occurrence of his untimely death; and

    WHEREAS, all South Dakotans, but especially Senator Negstad's wife Mary, family, friends, and constituents in Brookings County, will feel the loss of his dedicated community service and will miss his sterling personal character and civic example; and

    WHEREAS, Senator Negstad's record of public service, whether on the Township Board, the Board of County Commissioners, or the State Legislature, was as straight and true as a county road, as honest as a local election, and as inspiring as a Sunday morning sermon:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-second Legislature of the State of South Dakota, that the Legislature mourns the loss of a dear friend, respected colleague, and outstanding citizen, and extends its condolences to all of Senator Negstad's family, friends, and constituents on this sorrowful occasion.


     Sen. Benson moved that the Senate do now adjourn, which motion prevailed, and at 2:30 p.m. the Senate adjourned.
PATRICIA ADAM, Secretary