Senate Journal 01/31/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 31, 1997

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Reverend Charles Walker, followed by the Pledge of Allegiance led by Senate page Kris Brinkman.

     Roll Call: All members present except Sens. Everist and Thompson who were excused.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirteenth 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 State Affairs respectfully reports that it has had under consideration SJR 1 which was removed from the table with the recommendation that said resolution do not pass.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 142 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 117, 146, and 147 and HB 1006 and 1007 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 Taxation respectfully reports that it has had under consideration SB 139 which was deferred to the 41st legislative day.

Respectfully submitted,
KEITH PAISLEY, Chair

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 3, 4, 21, 45, 52, 53, 61, 65, and 68 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 1 and 2 were delivered to his Excellency, the Governor, for his approval at 9:05 a.m., January 31, 1997.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 11, 46, and 66 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1005, 1038, 1066, 1067, 1079, and HJR 1004 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

     Yesterday, Sen. Whiting announced his intention to reconsider the vote by which SB 16 lost.

     Sen. Whiting moved to reconsider the vote by which SB 16 lost.

     The question being on Sen. Whiting's motion to reconsider the vote by which SB 16 lost.

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent and Not Voting 0

A listing of the individual votes is not available due to a malfunction of the voting system.

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 16 was up for reconsideration and final passage.

Sen. Whiting moved that SB 16 be deferred until Wednesday, February 5, the 17th legislative day.

Which motion prevailed and the bill was so deferred.

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

Sen. Kloucek moved to reconsider the vote by which HJR 1001 passed.

     The question being on Sen. Kloucek's motion to reconsider the vote by which HJR 1001 passed.

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

Excused were:
Everist; Thompson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HJR 1001 was up for reconsideration and final passage.

Sen. Rounds moved that HJR 1001 be deferred until Monday, February 3, the 15th legislative day.

Which motion prevailed and the resolution was so deferred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 106 as found on page 234 of the Senate Journal; also

     Judiciary on SB 43 as found on page 235 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 216 Introduced by: Senator Munson (David) and Representative Roe

     FOR AN ACT ENTITLED, An Act to revise certain insurance investment provisions.

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

     SB 217 Introduced by: Senators Valandra and Symens and Representatives Collier, Crisp, Hagen, Lucas, and Volesky

     FOR AN ACT ENTITLED, An Act to revise the penalty for the crime of forgery.

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

     SB 218 Introduced by: Senators Dennert, Hunhoff, Lawler, Morford-Burg, Reedy, Symens, Thompson, and Vitter and Representatives Waltman, Chicoine, Davis, Haley, Lee, Lockner, Lucas, Schaunaman, Schrempp, and Weber

     FOR AN ACT ENTITLED, An Act to establish the value-added agricultural loan fund, to transfer funds from the revolving economic development and initiative fund, and to continuously appropriate the money in the fund.

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

     SB 219 Introduced by: Senators Dennert, Flowers, Hutmacher, Reedy, Shoener, and Whiting and Representatives Schaunaman, Brown (Jarvis), Crisp, DeMersseman, Duniphan, Duxbury, Haley, Johnson (Doug), Koskan, Kredit, and McNenny

     FOR AN ACT ENTITLED, An Act to revise the number of nonresident waterfowl licenses issued.

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

     SB 220 Introduced by: Senator Aker and Representatives Duniphan and Hagg

     FOR AN ACT ENTITLED, An Act to prohibit a public corporation from submitting a bid if that public corporation is requesting the bid.

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

     SB 221 Introduced by: Senators Johnson (William) and Symens and Representatives Pederson (Gordon), Gleason, and Jorgensen

     FOR AN ACT ENTITLED, An Act to exempt snowmobiles from uninsured and underinsured motorist coverage.

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

SB 222 Introduced by: Senators Hainje, Everist, and Munson (David) and Representatives Hagg, Brown (Richard), Richter, and Wick

FOR AN ACT ENTITLED, An Act to revise certain labor grievance and appeal procedures.

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

     SB 223 Introduced by: Senators Frederick and Everist and Representatives Brooks, Brown (Richard), Diedrich, and Eccarius

     FOR AN ACT ENTITLED, An Act to temporarily authorize school districts to extend school days to make up time lost because of inclement weather and to declare an emergency.

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

     SB 224 Introduced by: Senators Lawler, Brown (Arnold), Dunn (Rebecca), Hunhoff, Hutmacher, and Kloucek and Representatives Brown (Jarvis), Chicoine, Kazmerzak, Lee, Lucas, Matthews, Waltman, and Weber

     FOR AN ACT ENTITLED, An Act to make odor subject to air quality regulation.

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

     SB 225 Introduced by: Senators Whiting, Dunn (Rebecca), Everist, Ham, and Vitter and Representatives Apa, Brown (Jarvis), Crisp, Duenwald, Duniphan, Jaspers, Jorgensen, Kooistra, Matthews, Pummel, Van Gerpen, and Weber

     FOR AN ACT ENTITLED, An Act to refer to a vote of the electors of this state at the next general election a proposal to impose an additional tax upon the sale of alcoholic beverages and to dedicate the revenue to the special county fund and the property tax reduction fund.

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

     SB 226 Introduced by: Senators Paisley, Hunhoff, and Morford-Burg and Representatives Roe, Brown (Richard), Fiegen, Haley, Lockner, Van Gerpen, Waltman, and Weber

     FOR AN ACT ENTITLED, An Act to provide for an interim study of the impact of gaming in South Dakota.

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

SB 227 Introduced by: Senators Paisley and Brown (Arnold) and Representatives Lee, Brown (Jarvis), Chicoine, Lockner, and Roe

FOR AN ACT ENTITLED, An Act to repeal the restriction on the stringency of certain state environmental rules.

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

     SB 228 Introduced by: Senator Hunhoff and Representative Munson (Donald)

     FOR AN ACT ENTITLED, An Act to provide for and to regulate electronic livestock auctions.

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

     SB 229 Introduced by: Senators Lange, Aker, Albers, Dennert, Flowers, Hunhoff, Hutmacher, Kloucek, Lawler, Morford-Burg, Munson (David), Olson, Reedy, Staggers, and Symens and Representatives Lucas, Belatti, Cerny, Chicoine, Davis, Duxbury, Fischer- Clemens, Gleason, Haley, Kazmerzak, Koetzle, Lee, Moore, Napoli, Schaunaman, Schrempp, Sperry, Waltman, and Weber

     FOR AN ACT ENTITLED, An Act to provide for a refund of taxes attributed to the construction of a new or expanded school district facility.

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

     SB 230 Introduced by: Senators Lange, Aker, Dennert, Dunn (Rebecca), Everist, Flowers, Hainje, Hunhoff, Hutmacher, Kloucek, Morford-Burg, Munson (David), Reedy, Staggers, and Thompson and Representatives Peterson (Bill), Barker, Belatti, Chicoine, Haley, Koetzle, Lucas, Madden, McNenny, Moore, Napoli, Rost, Schaunaman, Weber, and Windhorst

     FOR AN ACT ENTITLED, An Act to provide for a refund of taxes attributed to the construction of new or existing residential housing.

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

Sen. Lawler moved that SB 224 be referred from the Committee on Agriculture & Natural Resources to the Committee on Health and Human Services.

Which motion prevailed and the bill was so referred.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 145 : FOR AN ACT ENTITLED, An Act to authorize title insurance companies to execute certain certificates of release of mortgages.

Was read the second time.

     The question being "Shall SB 145 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); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting