JOURNAL OF THE SENATE

SEVENTY-SECOND  SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 18, 1997

     The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate page Becky Kloucek.

     Roll Call: All members present except Sens. Flowers, Lawler, Munson, and Valandra who were 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 fourth 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.
     The oath of office was administered by Carole Hillard, President of the Senate, to Legislative Aide Jessica Bush.

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


REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 4, 46, and 47 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 SB 45 and returns the same with the recommendation that said bill be amended as follows:

r-45
     On page 1 of the printed bill , after line 11 ,
"
     Section 3. 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."

     And that as so amended said bill do pass.



Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 1, 2, and 68 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
FRED WHITING, Chair

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration the nomination of John Waltner, Hutchinson County, Freeman, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
JERRY J. SHOENER, Chair

MOTIONS AND RESOLUTIONS


     SCR 1:   FOR AN ACT ENTITLED, An Act  Urging the South Dakota Board of Regents to continue to pursue collaborative efforts with the North Dakota State Board of Higher Education

    Was read the second time.

    Sen. Everist moved that SCR 1 as found on page 10 of the Senate Journal be adopted.

     The question being on Sen. Everist's motion that SCR 1 be adopted.

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Flowers; Lawler; Munson (David); Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.


CONSIDERATION OF REPORTS OF SELECT COMMITTEES


     Sen. Rounds moved that the report of the Joint-Select Committee relative to the Joint Rules for the Senate and House for the Seventy-second Legislative Session as found on page 56 of the Senate Journal be adopted.

     The question being on Sen. Rounds' motion that the report of the Joint-Select Committee relative to the Joint Rules for the Senate and House for the Seventy-second Legislative Session be adopted.


     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Flowers; Lawler; Munson (David); Valandra

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

     Sen. Rounds moved that the report of the Joint-Select Committee relative to arrangements for a memorial recognition of deceased former members of the Senate and House as found on page 53 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 the 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 officials as found on page 54 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 fixing the compensation of the elective and appointive officers of the Senate and House as found on page 53 of the Senate Journal be adopted.

    Which motion prevailed and the report was adopted.


SECOND READING OF CONSENT CALENDAR ITEMS


     SB 53:   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 second time.



    The question being "Shall SB 53 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Flowers; Lawler; Munson (David); Valandra

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

     SB 65:   FOR AN ACT ENTITLED, An Act  to revise certain citations to federal statutes and regulations regarding pipeline safety.

     Was read the second time.

     The question being "Shall SB 65 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Flowers; Lawler; Munson (David); Valandra

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

     SB 3:   FOR AN ACT ENTITLED, An Act  to remove an obsolete duty of the Board of Finance.

     Was read the second time.



     The question being "Shall SB 3 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Flowers; Lawler; Munson (David); Valandra

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

     SB 61:   FOR AN ACT ENTITLED, An Act  to revise certain dates pertaining to references to the Internal Revenue Code.

     Was read the second time.

     The question being "Shall SB 61 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Flowers; Lawler; Munson (David); Valandra

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 81:   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 second time.

     The question being "Shall SB 81 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Flowers; Lawler; Munson (David); Valandra

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

     SB 19:   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 second time.

     The question being "Shall SB 19 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Flowers; Lawler; Munson (David); Valandra


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

     SB 52:   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 second time.

     The question being "Shall SB 52 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Flowers; Lawler; Munson (David); Valandra

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

     SB 21:   FOR AN ACT ENTITLED, An Act  to abolish straight-party voting and to revise certain provisions relating to election ballots.

     Was read the second time.

     The question being "Shall SB 21 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent and Not Voting 0

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


     Excused were:
Flowers; Lawler; Munson (David); Valandra

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

MESSAGES FROM THE HOUSE


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 fixing 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, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two Houses and the state officials with the full power to act.

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 the Joint Rules for the House and Senate of the Seventy- second Legislative Session.

Respectfully,
KAREN GERDES, Chief Clerk

     Sen. Frederick moved that the Senate do now adjourn, which motion prevailed, and at 9:40 a.m. the Senate adjourned.

PATRICIA ADAM, Secretary