JOURNAL OF THE SENATE

SEVENTY-SECOND  SESSION



ELEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 28, 1997


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

     The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of Allegiance led by Senate page Jennifer Holscher.

     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 tenth 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.
HONORED GUESTS


     The President   introduced Judith E. Kroll, Brookings, South Dakota's 1997 Teacher of the Year, who was escorted to the chamber by Sen. Brown.


CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Darrell D. Cruea, of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Agriculture.

     The question being "Does the Senate advise and consent to the executive appointment of Darrell D. Cruea pursuant to the executive message as found on page 31 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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 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 Kelly D. Stern of Hutchinson County, Freeman, South Dakota, to the South Dakota Board of Education.

     The question being "Does the Senate advise and consent to the executive appointment of Kelly D. Stern pursuant to the executive message as found on page 30 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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 question 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 Judiciary respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill do pass.



Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 87, 88, 89 and 90 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 Judiciary respectfully reports that it has had under consideration SB 16 and returns the same with the recommendation that said bill be amended as follows:

j-16
     On page 3 of the printed bill , delete lines 11 to 16 , inclusive .

     On page 4 , line 7 , remove the overstrikes from " However, a first conviction for distribution to a minor " .

     On page 4 , remove the overstrikes from lines 8 to 15 , inclusive .

     On page 4 , remove the overstrikes from lines 17 to 19 , inclusive .

     On page 5 , line 6 , remove the overstrikes from " However, a first conviction " .

     On page 5 , remove the overstrikes from lines 7 to 11 , inclusive .

     On page 5 , line 23 , before " A " insert " However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least ninety days, which sentence may not be suspended. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least two years, which sentence may not be suspended. "

     On page 6 , line 14 , before " A " insert " However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least ninety days, which sentence may not be suspended. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least two years, which sentence may not be suspended. "

     On page 6 , delete lines 17 to 24 , inclusive .

     On page 7 , delete lines 1 to 11 , inclusive .

     On page 8 , delete lines 18 to 24 , inclusive .

     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 86 and returns the same with the recommendation that said bill be amended as follows:

r-86
     On page 1 , line 9 of the printed bill , remove the overstrikes from " , which " .

     On page 1 , line 10 , remove the overstrikes from " determination shall be conclusive as against the state and shall be made by the court prior to " .

     On page 1 , line 11 , remove the overstrikes from " trial, " .

     On page 1 , line 11 , after " section. " insert " In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause. "

     On page 1 , after line 11 , insert:
"
     Section 2. That § 22-22-7.1 be amended to read as follows:

     22-22-7.1.   As used in this chapter, the term, " sexual contact, " means any touching, not amounting to rape, of the breasts of a female or the genitalia or anus of any person with the

intent to arouse or gratify the sexual desire of either party. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause. "

     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 91 and returns the same with the recommendation that said bill be amended as follows:
r-91

     On page 2 of the printed bill , delete line 4 and insert " shall may be enhanced to the a maximum sentence for of life imprisonment in a Class 1 Class A felony " .

     And that as so amended said bill do pass.

Respectfully submitted,
FRED WHITING, Chair

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 110, 131 and 135 and returns the same with the recommendation that said bills do pass.


Respectfully submitted,
KERMIT STAGGERS, Chair

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1052 and returns the same with the recommendation that said bill do pass.



Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 120 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 104 and returns the same with the recommendation that said bill be amended as follows:
j-104

     On page 1 of the printed bill , after line 9 , insert

     "Section 2. That § 60-11-11 be amended to read as follows:

     60-11-11.   Whenever an employee not having a written contract for a definite period quits or resigns his that employment, the wages or compensation earned shall become are due and payable not later than the next regular stated pay day for which those hours would have normally been paid or as soon thereafter as the employee returns to the employer all property of the employer in the employee's possession."

j-104t

     On page 1 , line 1 , delete " by the employer of " and insert " to employees after separation or resignation. "

     On page 1 , delete line 2 .

    And that as so amended said bill do pass and be placed on Consent Calendar.


Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 107 and returns the same with the recommendation that said bill be amended as follows:
j-107

     On page 2 , line 8 of the printed bill , delete " results " and insert " does not result " .

     On page 2 , line 14 , after " prohibits " insert " or affects " .

    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 111 and returns the same with the recommendation that said bill be amended as follows:

j-111

     On page 1, line 9 of the printed bill , delete " application " and insert " applicable " .

    And that as so amended said bill do pass and be placed on Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 75 and returns the same with the recommendation that said bill be amended as follows:
j-75a

     On page 10 of the printed bill , after line 10 , insert

     "Section 20. That chapter 58-33 be amended by adding thereto a NEW SECTION to read as follows:

     It is an improper claims practice for any domestic, foreign, or alien insurer transacting business in this state to commit any act defined in § 58-33-66 or 58-33-67 if:

             (1)    It is committed flagrantly and in conscious disregard of this chapter or any rules promulgated pursuant to this chapter; or
             (2)    It has been committed with such frequency to indicate a general business practice to engage in that type of conduct.

    Any administrative action taken by the director shall be pursuant to the provisions of chapter 1-26."

     Section 21. That § 58-33-68 be repealed.

     58-33-68.   The Division of Insurance, in interpreting and enforcing § §   58-33-66 and 58-33-67, shall consider all pertinent facts and circumstances to determine the severity and appropriateness of action to be taken in regard to any violation of § §   58-33-66 to 58-33-69, inclusive, including but not limited to, the following:

                   (1)      The magnitude of the harm to the claimant or insured;
                   (2)      Any actions by the insured, claimant or insurer that mitigate or exacerbate the impact of the violation;
                   (3)      Actions of the claimant or insured which impeded the insurer in processing or settling the claim;
                   (4)      Actions of the insurer which increase the detriment to the claimant or insured. The director need not show a general business practice in taking administrative action for these violations.
     However, no administrative action may be taken by the director for a violation of this section unless the insurer has been notified of the violation and refuses to take corrective action to remedy the situation.
     Any administrative action taken by the director shall be pursuant to the provisions of chapter 1-26.

    And that as so amended said bill do pass.
Respectfully submitted,
JERRY SHOENER, Chair

Also MADAM PRESIDENT:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1043 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 Agriculture & Natural Resources respectfully reports that it has had under consideration SB 37 and returns the same with the recommendation that said bill be amended as follows:
o-37

     On page 2 , line 4 of the printed bill , delete " discussion, " and insert " discussion or " .

     On page 2 , line 4 , delete " , or action upon " .

    And that as so amended said bill do pass.


Also MADAM PRESIDENT:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 12 which was tabled.


Respectfully submitted,
JIM DUNN, Chair

    

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 1 and 2 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1013, 1033, 1034, 1041, 1048, and 1064 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS


    HCR 1001   :   A CONCURRENT RESOLUTION,   Requesting the Legislative Research Council to study methods by which South Dakota and North Dakota can collaborate to deliver government services more efficiently.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SCR2 as found on page 168 of the Senate Journal; also

     Health and Human Services on SB 67 as found on page 169 of the Senate Journal; also

     State Affairs on HB 1009 as found on page 169 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 149   Introduced by:  Senator Staggers and Representative Hagg

    FOR AN ACT ENTITLED, An Act   to resolve certain conflicting provisions regarding workers' compensation and health insurance coverage.

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

     SB 150   Introduced by:  Senator Staggers and Representative Koskan

    FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to a commercial driver's instruction permit and to clarify the issuance of a commercial driver's license work permit.

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

     SB 151   Introduced by:  Senators Munson (David), Aker, Everist, Hutmacher, Johnson (William), Kloucek, Lawler, Shoener, Staggers, and Whiting and Representatives Jorgensen, Broderick, Chicoine, DeMersseman, Duniphan, Konold, Madden, Napoli, Pederson (Gordon), Schaunaman, and Windhorst

    FOR AN ACT ENTITLED, An Act   to remove a requirement that sales of malt beverages by a wholesaler to a retailer be by cash only.

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

     SB 152   Introduced by:  Senators Aker and Hutmacher and Representatives Jorgensen, Barker, and Chicoine

    FOR AN ACT ENTITLED, An Act   to permit planning directors to approve certain plats.

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

     SB 153   Introduced by:  Senators Aker, Flowers, Hutmacher, and Johnson (William) and Representatives Barker, Apa, Munson (Donald), and Weber

    FOR AN ACT ENTITLED, An Act   to revise the requirements for selling and purchasing surplus property.

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

     SB 154   Introduced by:  Senators Everist, Munson (David), and Olson and Representatives Brown (Richard), Cutler, and Richter

    FOR AN ACT ENTITLED, An Act   to repeal the 874 education fund.

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

     SB 155   Introduced by:  Senators Whiting, Aker, Albers, Flowers, Kloucek, Munson (David), and Valandra and Representatives Duniphan, Apa, Brown (Jarvis), Hagen, Kazmerzak, Monroe, Moore, Volesky, and Waltman

    FOR AN ACT ENTITLED, An Act   to revise the responsibilities of counties providing for prisoner care and the liability of prisoners for reimbursing the county for costs incurred.

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

     SB 156   Introduced by:  Senators Whiting, Aker, Brown (Arnold), Dennert, Drake, Dunn (Rebecca), Ham, Johnson (William), Kleven, Staggers, and Thompson and Representatives Jorgensen, Apa, Brosz, Hassard, and Madden

    FOR AN ACT ENTITLED, An Act   to revise the definition of a single-family occupied dwelling.

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

     SB 157   Introduced by:  Senators Aker, Halverson, Ham, Hutmacher, and Lange and Representatives Jorgensen, Barker, Brown (Richard), Duniphan, and Kredit

    FOR AN ACT ENTITLED, An Act   to revise the security required of an agent selling hunting and fishing licenses and snowmobile permits, to provide for fees and interest to be charged agents, and to limit the liability of county treasurers.

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

     SB 158   Introduced by:  Senators Thompson and Aker and Representatives Jorgensen, Cutler, DeMersseman, Hunt, and Roe

    FOR AN ACT ENTITLED, An Act   to allow the Cosmetology Commission to license nail technicians separately from other cosmetologists, to provide for a nail shop license, and to revise certain provisions concerning the Cosmetology Commission.

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

     SB 159   Introduced by:  Senators Staggers, Aker, and Lange and Representatives Matthews, Madden, and Monroe

    FOR AN ACT ENTITLED, An Act   to exempt certain teacher education programs from state accreditation requirements.

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


SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1011   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to earnings subject to garnishment.

     Was read the second time.

     The question being "Shall HB 1011 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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 bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     HB 1014   :   FOR AN ACT ENTITLED, An Act   to repeal certain provisions authorizing dual compensation for state employees.

     Was read the second time.

     The question being "Shall HB 1014 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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 bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

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

     Was read the second time.

     The question being "Shall HB 1015 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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 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 92   :   FOR AN ACT ENTITLED, An Act   to increase certain fees for a clerk of court records search.

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

     The question being "Shall SB 92 pass?"

    And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Lange; Lawler; Munson (David); Paisley; Reedy; Rounds; Shoener; Thompson; Vitter; Whiting

     Nays were:
Dennert; Flowers; Hutmacher; Kloucek; Morford-Burg; Olson; Staggers; Symens

     Excused were:
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 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.

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

r-99

     Sen. Everist moved that SB 99 be amended as follows:

     On page 2 , line 2 of the printed bill , delete " use " and insert " abuse " .

     Which motion prevailed and SB 99 was so amended.

r-99a

     Sen. Aker moved that SB 99 be amended as follows:

     On page 1 , line 15 of the printed bill , after "has" insert "willfully".


     Which motion prevailed and SB 99 was so amended.

     The question now now being "Shall SB 99 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Benson; Brown (Arnold); 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

     Nays were:
Albers

     Excused were:
Valandra

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

     The question being on the title.

     Sen. Everist moved that the title to SB 99 be amended as follows:

r-99T

     On page 1 , line 2 of the printed bill , delete " or " and insert " for " .

     Which motion prevailed and the title was so amended.

     SB 100   :   FOR AN ACT ENTITLED, An Act   to permit all but one petitioner to waive personal appearance at a hearing for termination of parental rights.

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

     The question being "Shall SB 100 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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 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 103   :   FOR AN ACT ENTITLED, An Act   to increase the penalty for a driver of a motor vehicle who eludes a law enforcement officer.

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

r-103

     Sen. Flowers moved that SB 103 be amended as follows:

     On page 1 , line 14 of the printed bill , delete " Class 4 " and insert " Class 6 " .

     On page 1 , line 15 , after " felony . " insert " However, if, in the course of fleeing or eluding, death or great bodily injury results, the defendant is guilty of a Class 4 felony; and, if, in the course of fleeing or eluding, substantial bodily injury or property damage in excess of two thousand dollars results, the defendant is guilty of a Class 5 felony. "

     Which motion prevailed and SB 103 was so amended.

     The question being "Shall SB 103 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Benson; Brown (Arnold); Daugaard; Dunn (Rebecca); Flowers; Hainje; Halverson; Ham; Kleven; Lange; Munson (David); Rounds; Shoener; Symens; Vitter; Whiting

     Nays were:
Albers; Dennert; Drake; Dunn (Jim); Everist; Frederick; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lawler; Morford-Burg; Olson; Paisley; Reedy; Staggers; Thompson; Valandra

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

     Sen. Whiting announced his intention to reconsider the vote by which SB 103 lost.

     SB 50   :   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 second time.

     The question being "Shall SB 50 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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 42   :   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 second time.

     Sen. Whiting moved that SB 42 be deferred until Wednesday, January 29, the 12th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 54   :   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 second time.

     The question being "Shall SB 54 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Hunhoff; Hutmacher; Kleven; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy; Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

     Nays were:
Benson; Dunn (Jim); Ham; Johnson (William); Kloucek; Staggers

     Excused were:
Paisley

     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.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1013   :   FOR AN ACT ENTITLED, An Act   to clarify that a local school board or governing body may set the school term for kindergarten programs and to revise certain requirements regarding the school term established by a local school board.

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

     HB 1033   :   FOR AN ACT ENTITLED, An Act   to revise the process for computing the net income of certain financial institutions for bank franchise tax collection purposes.

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

     HB 1034   :   FOR AN ACT ENTITLED, An Act   to revise the definition of lodging establishment and campground for the purposes of the sales and use tax.

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

     HB 1041   :   FOR AN ACT ENTITLED, An Act   to revise the requirements by which parole hearings may be held by teleconference.

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

     HB 1048   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the property and casualty Insurance Guaranty Association.

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

     HB 1064   :   FOR AN ACT ENTITLED, An Act   to permit a judge or clerk of courts to fix a time and place for hearing on certain probate and trust matters.

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

SECOND 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 second time.

     The question being "Shall HB 1001 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); 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

     Excused were:
Everist

     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.

     Sen. Shoener moved that the Senate do now adjourn, which motion prevailed, and at 3:43 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary