JOURNAL OF THE SENATE

SEVENTY-SECOND  SESSION




THIRTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 30, 1997

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by Senate page Matthew Zeman.

     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 twelfth 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 Transportation respectfully reports that it has had under consideration HB 1030 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1031 and 1053 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Respectfully submitted,
KERMIT STAGGERS, Chair

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 145 and HB 1051 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 Commerce respectfully reports that it has had under consideration SB 129 and HB 1049 which were deferred to the 41st legislative day.


Respectfully submitted,
JERRY SHOENER, Chair

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 122 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 106 and returns the same with the recommendation that said bill be amended as follows:


r-106

     On page 1 , line 8 of the printed bill , after " 19A-1 " insert " or against any other person against whom stalking is alleged " .

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

r-43

     On page 6 , line 11 of the printed bill , after " or " insert " , if the action is brought by the Attorney General on behalf of the State, " .

f-43d

     On page 1 , line 5 of the printed bill , delete ";" and insert " that is different and distinct from the goods, service, or property promoted by a sponsor and requires payment to the sponsor for the prize. Prize does not include an item offered in a promotion if all of the following elements are present:

             (a)    No element of chance is involved in obtaining the item offered in the promotion;

             (b)    The recipient has the right to review the merchandise or services for at least seven days and has a right to obtain a full refund in thirty days for the return of unused and undamaged merchandise or cancellation of unused services;

             (c)    The recipient may keep the item offered in the promotion without obligation; and

             (d)    The recipient is not required to attend any sales presentation or spend any money in order to receive the item offered in the promotion.

     Prize does not include an item offered in a promotion for a book, recording, video, multimedia, or similar club in compliance with 16 CFR 425 or a continuity plan or single sale of merchandise where there is no minimum purchase required; " .

     On page 1 , line 7 , delete " been selected or may be eligible to " and insert " won or will " .

     On page 1 , line 8 , after " prize " insert " and conditions receipt of such prize on payment to the sponsor for the prize " .

     On page 1 , line 8 , delete " The term includes a notice which conditions receipt of a prize on a payment " and insert " A prize notice also includes a notice which requires or invites the

individual to make a contact by telephone or in-person interview to learn how to receive the prize or to obtain other information related to the notice. Prize notice does not include a notice informing the individual that the individual has been awarded a prize as a result of the individual's actual prior entry in a game, drawing, sweepstakes or other contest, if the individual is awarded the prize stated in the notice; " .

     On page 1 , delete lines 9 to 15 , inclusive .

     On page 1 , line 16 , delete " been " and insert " won or will receive a prize; " .

     On page 2 , delete line 1 .

     On page 2 , line 7 , delete " been selected or " and insert " won or will " .

     On page 2 , line 8 , delete " may be eligible " .

     On page 2 , line 15 , delete " been selected or may be " and insert " won or will " .

     On page 2 , line 16 , delete " eligible to " .

     On page 4 , line 4 , delete " been selected or may be eligible to " and insert " won or will " .

     On page 4 , line 11 , delete " been selected to " and insert " won or will " .

     On page 4 , line 22 , delete " been awarded " and insert " won or will receive " .

     On page 5 , delete lines 11 to 13 , inclusive .

     On page 5 , line 21 , delete " 12 " and insert " 6 " .

     On page 5 , line 22 , delete " 12 " and insert " 6 " .

     r-43d

     On page 6 of the printed bill , after line 17 , insert:

     "Section 19. The provisions of this Act do not apply to a transaction made by a merchant who operates an established business that has a fixed permanent location and who displays or offers consumer goods or services for sale on a continuing basis."
    
    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 115 which was deferred to the 41st legislative day.


Respectfully submitted,
Fred Whiting, Chair
Also MADAM PRESIDENT:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1026 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
JIM DUNN, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 3 and 61 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1047, 1058, and 1074 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Halverson moved that the Senate do concur in the House amendments to SB 19.

     The question being on Sen. Halverson's motion that the Senate do concur in the House amendments to SB 19.

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.


     Sen. Shoener moved that the Senate do concur in the House amendments to SB 74.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 74.

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Yesterday, Sen. Frederick announced his intention to reconsider the vote by which SB 110 passed.

     Sen. Frederick moved to reconsider the vote by which SB 110 passed.

     The question being on Sen. Frederick's motion to reconsider the vote by which SB 110 passed.

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, 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; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

     Nays were:
Albers; Paisley; Thompson; Whiting

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 110 was up for reconsideration and final passage.

     Sen. Rounds moved that SB 110 be placed to follow SB 86 on today's calendar.


     Which motion prevailed and SB 110 was so placed.

     Sen. Dennert moved that the Committee on State Affairs be instructed to deliver SJR1 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.


CONSIDERATION OF REPORTS OF COMMITTEES



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

     State Affairs on SB 127 as found on page 205 of the Senate Journal; also

     Retirement Laws on SB 32 as found on page 206 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SJR 2   Introduced by:  Senators Aker, Dennert, Frederick, Hainje, Lawler, Olson, and Staggers and Representatives Matthews, Brosz, Brown (Jarvis), Duniphan, Duxbury, Kredit, and Lucas

     A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XXI of the Constitution of the State of South Dakota, relating to the South Dakota Retirement System.

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

     SB 212   Introduced by:  Senators Hunhoff and Dunn (Rebecca) and Representatives Haley, Koetzle, and Lucas

     FOR AN ACT ENTITLED, An Act   to increase the minimum wage.

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

     SB 213   Introduced by:  Senators Olson, Dunn (Jim), Halverson, and Staggers and Representatives Gabriel, Barker, Belatti, Eccarius, Hassard, Pederson (Gordon), Rost, and Windhorst


     FOR AN ACT ENTITLED, An Act   to make certain legislative findings concerning the case of Knowles vs. United States and to clarify its application to certain practitioners of the healing arts and their employers.

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

     SB 214   Introduced by:  Senator Albers and Representative de Hueck

     FOR AN ACT ENTITLED, An Act   to exempt law enforcement officers from the requirement of the use of motor vehicle lights under certain circumstances.

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

     SB 215   Introduced by:  Senators Rounds, Benson, Brown (Arnold), Daugaard, Drake, Dunn (Jim), Everist, Frederick, Halverson, Johnson (William), Kleven, Shoener, and Vitter and Representatives Gabriel, Broderick, Cutler, de Hueck, Duenwald, Hunt, Koskan, Matthews, Napoli, and Pederson (Gordon)

     FOR AN ACT ENTITLED, An Act   to transfer the Unclaimed Property Office from the State Treasurer's Office to the secretary of revenue.

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

     Sen. Rounds moved that SJR2 be referred from the Committee on Retirement Laws to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.


SECOND READING OF CONSENT CALENDAR ITEMS


     SB 104   :   FOR AN ACT ENTITLED, An Act   to clarify the time when wages are due by the employer of a separated employee.

     Was read the second time.

     The question being "Shall SB 104 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); Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Kleven

     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 111   :   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 second time.

     The question being "Shall SB 111 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); Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Kleven

     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 125   :   FOR AN ACT ENTITLED, An Act   to revise the membership of the commission on uniform legislation.

     Was read the second time.

     The question being "Shall SB 125 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); Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Kleven

     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 31   :   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 second time.

     The question being "Shall SB 31 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); Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Kleven

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

     Was read the second time.



     The question being "Shall HB 1021 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); Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Kleven

     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 1028   :   FOR AN ACT ENTITLED, An Act   to revise certain requirements pertaining to controlled substances.

     Was read the second time.

     The question being "Shall HB 1028 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); Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Kleven

     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 1029   :   FOR AN ACT ENTITLED, An Act   to revise certain requirements pertaining to the placement of physician assistants.

     Was read the second time.


     The question being "Shall HB 1029 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); Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Kleven

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

    Was read the second time.

    Sen. Whiting moved that SB 87 be deferred until Monday, February 3, the 15th legislative day.

    Which motion prevailed and the bill was so deferred.

     SB 90   :   FOR AN ACT ENTITLED, An Act   to provide for jury districts.

     Was read the second time.

     The question being "Shall SB 90 pass?"

     And the roll being called:


     Yeas 34, Nays 1, 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; Symens; Thompson; Valandra; Vitter; Whiting

     Nays were:
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 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 reconsideration and final passage.


j-103a

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

     On page 198 of the Senate Journal , delete lines 10 to 14 , inclusive .

     On page 1 , line 14 of the printed bill , remove the overstrikes from " Class 1 misdemeanor " .

     On page 1 , line 14 , delete " Class 4 " .

     On page 1 , line 15 , delete " felony " .

     On page 1 , line 16 , strike " thirty days " and insert " one year " .

     On page 2 , line 2 , strike " The court may also order " .

     On page 2 , overstrike lines 3 to 5 , inclusive and insert " For any subsequent violation of this section, 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, substantital bodily injury or property damage in excess of two thousand dollars results, the defendant is guilty of a Class 5 felony. In addition to that penalty, the court shall order that the defendant's driving privilege be suspended for five years. "

    Which motion prevailed and the bill was so amended.

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

     And the roll being called:


     Yeas 30, Nays 4, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Albers; Drake; Morford-Burg; Thompson

     Excused were:
Dunn (Jim)

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

     Was read the second time.

     The question being "Shall SB 91 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Dennert

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

     Was read the second time.


     The question being "Shall SB 16 pass as amended?"

     And the roll being called:

     Yeas 15, Nays 17, Excused 2, Absent and Not Voting 0

     Yeas were:
Benson; Dennert; Flowers; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Munson (David); Paisley; Reedy; Shoener; Whiting

     Nays were:
Aker; Albers; Brown (Arnold); Daugaard; Drake; Dunn (Rebecca); Frederick; Hainje; Halverson; Kloucek; Morford-Burg; Olson; Rounds; Staggers; Symens; Thompson; Vitter

     Excused were:
Dunn (Jim); Everist

     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 16 lost.

     SB 86   :   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 second time.

     The question being "Shall SB 86 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Dunn (Jim); Everist; Paisley; 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 110   :   FOR AN ACT ENTITLED, An Act   to place additional restrictions on a person driving with a restricted minor's driving permit.

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

o-110

    Sen. Rounds moved that SB 110 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

     Section  1.  That § 32-12-12 be amended to read as follows:

     32-12-12.   A restricted minor's permit may be issued, upon application and payment of the proper fee as provided for in §   32-12-16, upon proof that the minor has had an instruction permit for at least ninety days, and upon passage of all driver's license examination tests, to any minor between the ages of fourteen and sixteen years. A restricted minor's permit entitles the holder, while having the permit in his immediate physical possession of the permit , to operate a motor vehicle during the hours of 6 a.m. to 8 p.m. standard time if the motor vehicle is being operated with the permission of the minor's parents or guardian and during the hours of 8 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the minor's parent or guardian who is occupying a seat beside the driver. The restrictions as to time of operation and operation under the direction of a parent or guardian do not apply to the holder of a valid restricted minor's permit operating a self-propelled agricultural machine which is not subject to registration under chapter 32-5.

     Sen. Frederick requested that Joint Rule 5-17 be invoked on SB 110.

     Which request was supported and SB 110 with Sen. Rounds' pending motion to amend was deferred to Monday, February 3, the 15th legislative day

     SB 107   :   FOR AN ACT ENTITLED, An Act   to clarify governmental ownership of insurance companies upon certain findings by the director of the Division of Insurance.

     Was read the second time.

     Sen. Shoener moved that SB 107 be deferred until Friday, January 31, the 14th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 75   :   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 second time.


     Sen. David Munson moved that SB 75 be deferred until Monday, February 3, the 15th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 37   :   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 second time.

     The question being "Shall SB 37 pass as amended?"

     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 101   :   FOR AN ACT ENTITLED, An Act   to provide for the payment of property taxes when a portion of the property has been purchased.

     Was read the second time.

     The question being "Shall SB 101 pass?"

     And the roll being called:

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

     Yeas were:
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; Staggers; Symens; Thompson; Valandra; Vitter; Whiting


     Nays were:
Shoener

     Excused were:
Aker

     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 63   :   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 second time.

     Sen. Rounds moved that SB 63 be deferred until Monday, February 3, the 15th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 33   :   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 second time.

     The question being "Shall SB 33 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 34   :   FOR AN ACT ENTITLED, An Act   to increase the retirement allowance for certain credited service under the South Dakota Retirement System.

     Was read the second time.


     The question being "Shall SB 34 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0

     Yeas were:
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; Thompson; Vitter; Whiting

     Nays were:
Symens

     Excused were:
Aker; 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 35   :   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 second time.

     The question being "Shall SB 35 pass?"

     And the roll being called:

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

     Yeas were:
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

     Excused were:
Aker

     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 36   :   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 second time.

     The question being "Shall SB 36 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Lawler; Morford-Burg; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Lange; 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 1047   :   FOR AN ACT ENTITLED, An Act   to require property and casualty and health insurers to file actuarial opinions in accordance with the National Association of Insurance Commissioners Annual Statement Instructions.

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

     HB 1058   :   FOR AN ACT ENTITLED, An Act   to authorize certain production of malt beverage and wine for personal or family use.

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

     HB 1074   :   FOR AN ACT ENTITLED, An Act   to provide for the legal description of certain plats.

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



SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     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 second time.

     The question being "Shall HB 1043 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent and Not Voting 0

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

     Nays were:
Everist; Rounds; Shoener

     Excused were:
Dunn (Jim)

     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.

     HJR 1001   :   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III of the Constitution of the State of South Dakota, relating to the authority of a special interim legislative committee to approve the transfer of appropriated funds.

     Was read the second time.

d-1001

     Sen. Hunhoff moved that HJR 1001 be amended as follows:

     On page 1 of the printed resolution , line 13 , delete " may " and insert " shall " .

     On page 1 , line 14 , after " approve " insert " or disapprove " .


     Sen. Rounds moved that Sen. Hunhoff's motion to amend HJR 1001 be laid on the table.

     Sen. Hunhoff requested a roll call vote.

    Which request was supported.

     The question being on Sen. Rounds' motion that Sen. Hunhoff's motion to amend HJR 1001 be laid on the table.

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter

     Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Symens; Thompson; Valandra; Whiting

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Hunhoff's motion to amend HJR 1001 was laid on the table.

     Sen. Vitter moved the previous question.

     Which motion prevailed.

     The question now being "Shall HJR 1001 pass?"

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

     Nays were:
Aker; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Symens; Thompson; Valandra


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

     Sen. Kloucek announced his intention to reconsider the vote by which HJR 1001 passed.

     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 second time.

     The question being "Shall HB 1018 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

     Excused were:
Halverson; 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.


SIGNING OF BILLS


     The President publicly read the title to

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

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

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

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


     And signed the same in the presence of the Senate.

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 31, the 14th legislative day.

     Which motion prevailed.

     Sen. Vitter moved that the Senate do now adjourn, which motion prevailed, and at 5:15 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary