JOURNAL OF THE SENATE

SEVENTY-SECOND  SESSION



EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 23, 1997

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

     The prayer was offered by the Chaplain, Pastor Paul Kondy, followed by the Pledge of Allegiance led by Senate page Rebecca Crance.

     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 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,
HAROLD W. HALVERSON, Chair

     Which motion prevailed and the report was adopted.
CONSIDERATION OF APPOINTMENTS


     The Senate proceeded to the consideration of the judicial appointment of Janice Horner of Pennington County, Rapid City, South Dakota, to the Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the judicial appointment of Janice Horner, pursuant to the judicial message as found on page 32 of the Senate Journal?"

     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; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Frederick

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

     The Senate proceeded to the consideration of the executive appointment of Jason A. Glodt of Lawrence County, Spearfish, South Dakota, to the State Board of Regents.

     The question being "Does the Senate advise and consent to the executive appointment of Jason A. Glodt, pursuant to the executive message as found on page 32 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting

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

     The Senate proceeded to the consideration of the executive appointment of Carl Soukup of Minnehaha County, Sioux Falls, South Dakota, to the Career Service Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Carl Soukup, pursuant to the executive message as found on page 31 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting

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


REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 30 and returns the same with the recommendation that said bill do pass.


Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 27 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 Local Government respectfully reports that it has had under consideration SB 26 and returns the same with the recommendation that said bill be amended as follows:

t-26

     On page 1 , line 5 of the printed bill , delete " home " and insert " facility " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB No. 28 which was deferred to the 41st legislative day.

Respectfully submitted,
ALAN AKER, Chair

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 38 and 69 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 39 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
JIM DUNN, Chair

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill do pass.


Also MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 41 and returns the same with the recommendation that said bill be amended as follows:

b-41a

     On page 3 , line 4 of the printed bill , delete " Mini " and insert " Mni " .

     On page 5 , line 13 , after " forty-five " insert " thousand " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 71 and returns the same with the recommendation that said bill be amended as follows:

b-71

     On page 1 , line 5 of the printed bill , delete " one million two hundred seventy-five thousand dollars ($1,275,000) " and insert " one million one hundred thousand dollars ($1,100,000) " .

     On page 1 , line 11 , delete " not lawfully expended or obligated by " .

     On page 1 , line 12 , delete " June 30, 1998, " .

     And that as so amended said bill do pass.


Respectfully submitted,
RANDY FREDERICK, Chair


MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1001, 1009, 1015, 1018, 1020, 1021, 1043, and 1052 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR2 Introduced by:  Senators Staggers, Albers, Benson, Daugaard, Drake, Dunn (Jim), Everist, Hainje, Halverson, Ham, Hunhoff, Hutmacher, Johnson (William), Kleven, Lange, Munson (David), Reedy, Rounds, Shoener, Thompson, Vitter, and Whiting and Representatives Wick, Brosz, Cutler, Diedrich, Duenwald, Duniphan, Eccarius, Fischer-Clemens, Fitzgerald, Hassard, Kazmerzak, Konold, Lee, Lucas, Madden, McNenny, Monroe, Moore, Napoli, Pederson (Gordon), Peterson (Bill), Roe, Rost, Schrempp, Weber, Wetz, and Windhorst

A CONCURRENT RESOLUTION,  Urging the passage of a balanced budget amendment to the     United States Constitution.

     WHEREAS,  the annual federal budget has not been balanced since 1969, and the federal public debt is now more than five trillion dollars - or twenty thousand dollars for every man, woman, and child in America; and

     WHEREAS,  continued deficit spending demonstrates an unwillingness or inability of both the federal executive and legislative branches to spend no more than available revenues; and

     WHEREAS,  fiscal irresponsibility at the federal level is lowering our standard of living, destroying jobs, and endangering economic opportunity now and for the next generation; and

     WHEREAS,  the federal government's unlimited ability to borrow raises questions about fundamental principles and responsibilities of government, with potentially profound consequences for the nation and its People, making it an appropriate subject for limitation by the Constitution of the United States; and

     WHEREAS,  the Constitution of the United States vests the ultimate responsibility to approve or disapprove constitutional amendments with the People, as represented by their elected State Legislatures; and opposition by a small minority repeatedly has thwarted the will of the People that a Balanced Budget Amendment to the Constitution should be submitted to the States for ratification:

     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 Congress of the United States expeditiously pass, and propose to the Legislatures of the several States for ratification, an amendment to the Constitution of the United States requiring in the absence of a national emergency that the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year; and

     BE IT FURTHER RESOLVED,  that copies of this Resolution be transmitted to the President of the United States Senate, the Speaker of the House of Representatives of the United States, and each Member of the South Dakota Congressional Delegation.

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

     Sen. Rounds moved that the temporary Senate Rules of the Seventy-second Legislative Session be made the permanent Senate Rules of the Seventy-second Legislative Session.

     The question being on Sen. Rounds' motion that the temporary Senate Rules of the Seventy-second Legislative Session be made the permanent Senate Rules of the Seventy-second Legislative Session.

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting

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

    Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 24, the 9th legislative day.

     Which motion prevailed.


CONSIDERATION OF REPORTS OF COMMITTEES



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

     Health and Human Services on SB 77 as found on page 84 of the Senate Journal; also

     Judiciary on SB 100 as found on page 88 of the Senate Journal; also

     Judiciary on SB 95 as found on page 88 of the Senate Journal; also

     Judiciary on SB 97 as found on page 88 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 110   Introduced by:  Senators Albers, Everist, and Ham and Representatives Broderick and Fischer-Clemens

     FOR AN ACT ENTITLED, An Act  to place additional restrictions on a person driving with a restricted minor's driving permit.

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

     SB 111   Introduced by:  Senators Rounds, Lawler, Shoener, and Whiting and Representatives Brown (Jarvis), Broderick, Monroe, Roe, and Schaunaman

     FOR AN ACT ENTITLED, An Act  to clarify certain provisions relating to the valuation of the insurable interest of certain property insurance policies.

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

     SB 112   Introduced by:  Senators Hutmacher and Hunhoff and Representative Moore

     FOR AN ACT ENTITLED, An Act  to revise the elements of grand theft to include theft in a nursing facility.

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

     SB 113   Introduced by:  Senators Hutmacher and Whiting and Representative Cerny

     FOR AN ACT ENTITLED, An Act  to establish degrees of unlawful occupancy and prescribe penalties therefor.

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

     SB 114   Introduced by:  Senators Whiting, Benson, Halverson, and Lawler and Representatives Wetz, Belatti, Duniphan, Kooistra, and Peterson (Bill)

     FOR AN ACT ENTITLED, An Act  to revise certain restrictions on the detention of children in an adult jail or lockup and the physical separation of such children from adult prisoners.

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

     SB 115   Introduced by:  Senators Whiting, Benson, Halverson, Lawler, and Munson (David) and Representatives Belatti, Duniphan, Kooistra, Lee, Peterson (Bill), and Wetz

     FOR AN ACT ENTITLED, An Act  to limit the recovery of certain damages in cases involving the commission of felonies or certain traffic offenses.

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

     SB 116   Introduced by:  Senators Hutmacher, Dennert, Dunn (Rebecca), Flowers, Hunhoff, Kloucek, Lange, Lawler, Morford-Burg, Olson, Reedy, Symens, and Valandra and Representatives Davis, Cerny, Fischer-Clemens, Haley, Koetzle, Lee, Lucas, and Sokolow

     FOR AN ACT ENTITLED, An Act  to permit certain state administrators of federal programs for children to have limited access to the central registry for abuse and neglect.

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

     SB 117   Introduced by:  Senators Hutmacher, Hunhoff, Kloucek, Staggers, Thompson, and Whiting and Representatives Cerny, Brooks, Hunt, and Moore

     FOR AN ACT ENTITLED, An Act  to increase the allowable value of an estate from which personal property may be collected by affidavit.

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

     SB 118   Introduced by:  Senators Hutmacher, Dennert, Flowers, Hunhoff, Kloucek, Lange, Lawler, Morford-Burg, Olson, Reedy, and Symens and Representatives Fischer-Clemens, Cerny, Chicoine, Gleason, Haley, Koetzle, Lee, Lucas, Sokolow, and Waltman

     FOR AN ACT ENTITLED, An Act  to revise the calculation of state aid to education.

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

     SB 119   Introduced by:  Senators Hutmacher, Dennert, Dunn (Rebecca), Flowers, Hunhoff, Kloucek, Lange, Lawler, Morford-Burg, Olson, Reedy, and Valandra and Representatives Lee, Cerny, Davis, Fischer-Clemens, Gleason, Haley, Koetzle, Lucas, Sokolow, and Waltman

     FOR AN ACT ENTITLED, An Act  to revise the index factor for the calculation of state aid to education.

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

     SB 120   Introduced by:  Senators Shoener, Halverson, Lawler, and Whiting and Representatives Monroe, Broderick, DeMersseman, Roe, and Schaunaman

     FOR AN ACT ENTITLED, An Act  to clarify certain provisions relating to insurance arbitration between insurance companies.

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

     SB 121   Introduced by:  Senators Halverson, Aker, Flowers, Frederick, Hutmacher, Kloucek, Lange, Lawler, Olson, Shoener, Symens, Thompson, and Vitter and Representatives Belatti, Apa, Barker, Brosz, Brown (Jarvis), Chicoine, Crisp, Davis, Diedrich, Duniphan, Fiegen, Gabriel, Hagen, Lee, Madden, Matthews, Monroe, Volesky, and Waltman

     FOR AN ACT ENTITLED, An Act  to define medical indigence.

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

     SB 122   Introduced by:  Senators Whiting, Benson, Halverson, and Lawler and Representatives Wetz, Belatti, Duniphan, Kooistra, and Peterson (Bill)

     FOR AN ACT ENTITLED, An Act  to eliminate the requirement of a transfer hearing in certain proceedings against a delinquent child.

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

     SB 123   Introduced by:  Senators Dennert, Aker, Benson, Dunn (Rebecca), Flowers, Hunhoff, Hutmacher, Kloucek, Lange, Lawler, Morford-Burg, Olson, Reedy, Staggers, Symens, Thompson, and Valandra and Representatives Schaunaman, Davis, Duxbury, Gleason, Lee, Lockner, Moore, and Weber

     FOR AN ACT ENTITLED, An Act  to require a two-thirds vote of the Legislature to eliminate exemptions from a tax.

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

     SJR1   Introduced by:  Senators Dennert, Aker, Benson, Dunn (Rebecca), Flowers, Hunhoff, Hutmacher, Kloucek, Lange, Lawler, Morford-Burg, Olson, Reedy, Staggers, Symens, Thompson, and Valandra and Representatives Schaunaman, Davis, Duxbury, Gleason, Lee, Lockner, Moore, and Weber

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota, relating to the vote required to eliminate an exemption from a tax.

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


SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Staggers requested that SB 78 be removed from the Consent Calendar.

     SB 11:   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 second time.


     The question being "Shall SB 11 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; 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 55:   FOR AN ACT ENTITLED, An Act  to revise certain provisions related to birth records.

     Was read the second time.

     The question being "Shall SB 55 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; 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 56:   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 second time.

     The question being "Shall SB 56 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; 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 64:   FOR AN ACT ENTITLED, An Act  to limit the time that a child may remain in foster care under certain conditions.

     Was read the second time.

     The question being "Shall SB 64 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; 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 66:   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 second time.

     The question being "Shall SB 66 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; 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 59:   FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the elimination of railroad crossings.

     Was read the second time.

     The question being "Shall SB 59 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; 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 93:   FOR AN ACT ENTITLED, An Act  to grant full faith and credit to certain out-of- state and tribal protection orders.

     Was read the second time.

     The question being "Shall SB 93 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; 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 18:   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.

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

     The question being "Shall SB 18 pass?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 1, Absent and Not Voting 0

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

     Nays were:
Flowers; Kloucek; Staggers

     Excused were:
Frederick

     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 57:   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 second time.

     Sen. Staggers moved that SB 57 be referred to the Committee on Judiciary.

     Which motion prevailed and the bill was so referred.

     Sen. Rounds moved that the Senate do now recess until after the Joint Memorial Service, which motion prevailed and at 2:55 p.m., the Senate recessed.

JOINT MEMORIAL SERVICE

    Pursuant to the report of the Joint-Select Committee as found on page 53 of the Senate Journal, the Senate and House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading the following Joint Memorial Resolution:

     WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of fifteen former members of the South Dakota Legislature, namely: the Honorable Oscar Austad, the Honorable Boyd Bennett, the Honorable Hilbert Bogue, the Honorable Simon Chance, the Honorable Gerald Giving, the Honorable Norval Gullickson, the Honorable Marvis Hogen, the Honorable Charles Larkin, the Honorable Kenneth Marsden, the Honorable John McCart, the Honorable Richard Negstad, the Honorable Fred Nichol, the Honorable Herman Paulson, the Honorable Lloyd Schrag, and the Honorable Marshall Truax; and

     WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

     WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

     NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Seventy-second Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and


     BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Seventy-second Session of the Legislature of the State of South Dakota, now assembled this 23rd day of January, 1997, at Pierre, South Dakota.

    The Joint Session was dissolved.

    The Senate reconvened at 3:40 p.m. President Hillard presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(continued)

     SB 13:   FOR AN ACT ENTITLED, An Act  to revise the tax refund provisions for agricultural facilities.

     Was read the second time.

     The question being "Shall SB 13 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 0, 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; Valandra; Vitter; 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 62:   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 second time.

     The question being "Shall SB 62 pass?"

     And the roll being called:

     Yeas 19, Nays 15, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Daugaard; Dennert; Dunn (Jim); Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Lawler; Munson (David); Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting

     Nays were:
Aker; Benson; Drake; Dunn (Rebecca); Everist; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Morford-Burg; Olson; Staggers; Thompson; 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 92:   FOR AN ACT ENTITLED, An Act  to increase certain fees for a clerk of court records search.

     Was read the second time.

     The question being "Shall SB 92 pass?"

     And the roll being called:

     Yeas 20, Nays 14, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Daugaard; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Lange; Munson (David); Reedy; Rounds; Shoener; Valandra; Whiting

     Nays were:
Dennert; Drake; Flowers; Hainje; Hutmacher; Kloucek; Lawler; Morford-Burg; Olson; Paisley; Staggers; Symens; Thompson; Vitter

     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. Rounds announced his intention to reconsider the vote by which SB 92 lost.

     SB 94:   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 second time.

     The question being "Shall SB 94 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 0, 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; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

     Nays were:
Kloucek; Staggers

     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 99:   FOR AN ACT ENTITLED, An Act  to revise the grounds upon which a judge may waive consent of a parent to termination of parental rights or adoption.

     Was read the second time.

     Sen. Everist moved that SB 99 be deferred until Monday, January 27, the 10th legislative day.

     Which motion prevailed and the bill was so deferred.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001:   FOR AN ACT ENTITLED, An Act  to permit the promulgation of emergency rules to mitigate financial loss to state government.

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

     HB 1009:   FOR AN ACT ENTITLED, An Act  to allow the state auditor to temporarily draw on money between state funds in anticipation of revenue.

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


     HB 1015:   FOR AN ACT ENTITLED, An Act  to revise certain provisions authorizing health insurance coverage by municipalities, counties, and school districts.

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

     HB 1018:   FOR AN ACT ENTITLED, An Act  to repeal the sunset clause concerning compliance with the provisions of the Voting Rights Act Amendments of 1975.

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

     HB 1020:   FOR AN ACT ENTITLED, An Act  to revise requirements for declaration of candidacy.

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

     HB 1021:   FOR AN ACT ENTITLED, An Act  to establish an effective date for voter registration.

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

     HB 1043:   FOR AN ACT ENTITLED, An Act  to revise the definition of a beginning farmer in regard to the Value Added Finance Authority.

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

     HB 1052:   FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the recording of the transportation and shipment of gaming devices.

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

     Sen. Ham moved that the Senate do now adjourn, which motion prevailed, and at 4:30 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary