Senate Journal 02/03/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 3, 1997

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by Senate page Steve Stickelmyer.

     Roll Call: All members present except Sen. Daugaard who was 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 fourteenth 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 Judiciary respectfully reports that it has had under consideration SB 113 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 114 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 Judiciary respectfully reports that it has had under consideration SB 116 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the printed bill , delete " state administrator " and insert " headstart program director, " .

On page 1 , line 7 , delete everything before " the secretary " .

On page 1 , line 1 of the printed bill , delete " certain state administrators of federal programs " and insert " headstart program directors " .

On page 1 , line 2 , delete " for children " .

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

On page 1 , line 9 of the printed bill , delete " certified chemical dependency counselor " and insert " professional registered with the South Dakota Certification Board for Alcohol and Drug Professionals " .

On page 1 , line 10 , after " . " insert " The cost of such education shall be paid for by the defendant. " .

On page 2 , line 4 , after " counselor " insert " as recognized by the South Dakota Certification Board of Alcohol and Drug Professionals " .

On page 2 , line 7 , after " program " insert " accredited by the South Dakota Division of Alcohol and Drug Abuse " .

On page 2 , after line 10 insert:

" That § 32-23-2.1 be amended to read as follows:

32-23-2.1. Any person convicted of a first offense pursuant to § 32-23-2 with a 0.17 percent or more by weight of alcohol in ~~his~~ that person's blood shall, in addition to the penalties provided in § 32-23-2, be required to undergo a court-ordered evaluation by a certified chemical dependency counselor as recognized by the South Dakota Certification Board for Alcohol and Drug Professionals to determine if the defendant has an addiction to alcohol. The cost of such evaluation shall be paid by the defendant."

On page 1 , line 3 of the printed bill , after " counselor " insert " or professional " .

And that as so amended said bill do pass.

Respectfully submitted,
FRED WHITING, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 40 and HB 1039 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 48 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 13 of the printed bill , after " source " insert " all of which monies are hereby appropriated for the purposes described in section 1 of this Act " .

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

On page 1 , line 4 of the printed bill , delete " a cold " and insert " an unheated " .

On page 1 , line 5 , after " Spearfish " insert " . "

On page 1 , line 5 , delete " , at an estimated cost of seventy-six thousand one hundred sixty- nine " .

On page 1 , delete lines 6 to 14 , inclusive .

On page 1 , line 1 of the printed bill , delete " a cold " and insert " an unheated " .

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

     On page 3 , line 14 of the printed bill , after " . " insert " The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the general aid formula in the current year. If a shortfall in the state aid appropriation for general education exists that cannot be covered by § 13-37-45, the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall. "

     On page 3 , line 20 , after " . " insert " The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the special education formula in the current year. If a shortfall in the state aid appropriation for special education exists that cannot be covered by § 13-13-73, the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall. "

And that as so amended said bill do pass.

Respectfully submitted,
RANDY FREDERICK, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 179 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 124 and returns the same with the recommendation that said bill be amended as follows:

On page 4 , line 17 of the printed bill , after " percent " insert " or more " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 198 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , after " shall " insert " meet all applicable state and federal certification standards and regulations, and " .

And that as so amended said bill do pass and be placed on the consent calendar.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 167 which was deferred to the 41st legislative day.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Joseph T. Murphy, Pennington County, Rapid City, South Dakota, as Assistant Adjutant General, Army, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 152 and 157 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB1019 and returns the same with the recommendation that said bill do pass and amend the title as follows:

On page 1 , line 1 of the House Local Government committee engrossed bill , delete " that " and insert " to whom " .

On page 1 , line 2 , delete " to " .

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 153 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 136, 144 and 29 which were tabled.

Respectfully submitted,
ALAN AKER, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1027 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
JIM DUNN, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 166 and returns the same with the recommendation that said bill do pass.

ALSO MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 148 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 Education respectfully reports that it has had under consideration SB 10 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 8 of the printed bill , after " . " insert " If the Bureau of Administration objects that reliance upon such a cooperative agreement with the North Dakota State Board of Higher Education to purchase a particular class of commodities, other than commodities that are unique to higher education or that are available to higher education at an educational discount, would jeopardize the price advantage for the state as a whole, the Board of Regents may only enter into a one year trial agreement with the North Dakota State Board of Higher Education for the purchase of that class of commodities. The Bureau of Administration may, during the trial period, enter into contracts for the benefit of other state agencies. The Board of Regents may not extend its agreement with the North Dakota State Board of Higher Education for the challenged class of commodities unless, at the end of the trial year, the sum of the savings to South Dakota higher education plus any cost increases to other South Dakota state agencies yields an overall reduction in price to the state of South Dakota as a whole. "

And that as so amended said bill do pass.

Respectfully submitted,
BARBARA EVERIST, Chair

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 11, 19, 46, 66, and 74 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SCR 2 in which the House has concurred.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 27 and 69 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1003 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1080, 1091, 1095, 1097, and 1116 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rounds moved that the vote to reconsider SB 16, as found on page 259 of the Senate Journal, be accepted without a listing of the individual members voting record for the permanent journal of the Seventy-second Legislative Session.

Which motion prevailed.

HCR 1003 : A CONCURRENT RESOLUTION, Urging the federal government to authorize additional haying of Conservation Reserve Program lands.

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

CONSIDERATION OF REPORTS OF COMMITTEES

     Sen. Dennert moved that SJR1 be placed on the calendar for Tuesday, February 4, the 16th legislative day.

     The question being on Sen. Dennert's motion that SJR 1 be placed on the calendar for Tuesday, February 4, the 16th legislative day.

     And the roll being called:

     Yeas 16, Nays 18, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Daugaard

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 231 Introduced by: Senators Staggers, Munson (David), Shoener, and Whiting and Representatives Broderick, Munson (Donald), and Pederson (Gordon)

     FOR AN ACT ENTITLED, An Act to permit certain charges and increase late payment charges in small loan contracts.

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

     SB 232 Introduced by: Senators Daugaard and Hainje and Representative Fiegen

     FOR AN ACT ENTITLED, An Act to impose a fee on certain wireless communications devices to support telecommunications services for the deaf.

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

     SB 233 Introduced by: Senators Dunn (Rebecca), Dennert, Flowers, Hunhoff, Hutmacher, Kloucek, Lange, Lawler, Morford-Burg, Olson, and Reedy and Representatives Lucas, Barker, Collier, Haley, and Sokolow

     FOR AN ACT ENTITLED, An Act to reinstate the Mickelson Scholars Program and appropriate money therefor.

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

     SB 234 Introduced by: Senators Dennert, Kloucek, Lange, and Valandra and Representatives Schrempp, Fischer-Clemens, Hagen, Haley, Koetzle, Lockner, Lucas, Moore, Waltman, and Weber

     FOR AN ACT ENTITLED, An Act to exempt transportation services, veterinarian services, and animal specialty services from sales and use tax.

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

     SB 235 Introduced by: Senator Albers and Representatives Cutler and Jaspers

     FOR AN ACT ENTITLED, An Act to revise the applicability of the physician/patient privilege to criminal actions.

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

     SB 236 Introduced by: Senators Daugaard, Flowers, Kloucek, Munson (David), Paisley, and Reedy and Representatives Koetzle, Belatti, Cerny, Fischer-Clemens, Gabriel, Hagen, Lucas, Moore, and Pederson (Gordon)

     FOR AN ACT ENTITLED, An Act to establish a program to provide a television access program for persons who are deaf and hard of hearing.

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

     SB 237 Introduced by: Senators Staggers, Flowers, Lange, and Vitter and Representatives Weber, Brooks, Kooistra, and Napoli

     FOR AN ACT ENTITLED, An Act to provide for a temporary sales tax reduction and to declare an emergency.

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

SB 238 Introduced by: Senators Brown (Arnold), Ham, and Paisley and Representatives

Koskan, Brown (Richard), Chicoine, Hagen, and Van Gerpen

FOR AN ACT ENTITLED, An Act to repeal the requirement for school districts to provide for certain transportation services.

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

     SB 239 Introduced by: Senators Brown (Arnold) and Paisley and Representatives Brown (Richard), Chicoine, Fischer-Clemens, and Koskan

     FOR AN ACT ENTITLED, An Act to provide for a school district transportation levy.

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

     SB 240 Introduced by: Senators Lange, Hunhoff, and Hutmacher and Representatives Weber, Chicoine, and Lee

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to the permitting of certain concentrated animal feeding operations.

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

     SB 241 Introduced by: Senators Flowers, Reedy, and Rounds and Representatives Fischer- Clemens, Haley, Lucas, and Schrempp

     FOR AN ACT ENTITLED, An Act to provide for a declaration of preferences and power of attorney for mental health treatment decisions.

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

     SB 242 Introduced by: Senators Dunn (Jim), Aker, and Reedy and Representatives Brooks, Madden, and Schrempp

     FOR AN ACT ENTITLED, An Act to revise the public records law to clarify certain disclosures.

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

SB 243 Introduced by: Senators Flowers, Hunhoff, Hutmacher, Lawler, and Symens and Representatives Schrempp, Fischer-Clemens, Haley, Koetzle, Monroe, and Waltman

FOR AN ACT ENTITLED, An Act to require financial assurances for certain concentrated animal feeding operations for the remediation of potential environmental damage.

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

     SB 244 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons.

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

     SB 245 Introduced by: Senators Everist and Kleven and Representatives Haley, Broderick, Brown (Richard), and Cutler

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

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

     SB 246 Introduced by: Senator Hutmacher and Representatives Kredit, Apa, Monroe, and Schrempp

     FOR AN ACT ENTITLED, An Act to repeal the provision regarding assignment to a requested school when no school is within ten miles of a student's residence.

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

     SB 247 Introduced by: Senators Hutmacher, Dennert, Dunn (Rebecca), Hunhoff, Kloucek, Lange, Lawler, Morford-Burg, Olson, and Reedy and Representatives Koetzle, Duxbury, Fischer-Clemens, Gleason, Hagen, Haley, Lee, Lucas, Schaunaman, Sperry, and Waltman

     FOR AN ACT ENTITLED, An Act to establish minimum employee benefits for recipients of economic development loans.

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

     SB 248 Introduced by: Senator Aker and Representative Koskan

     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 249 Introduced by: Senators Kloucek, Benson, and Lange and Representatives

Chicoine, Collier, Hagen, Haley, Koetzle, Lee, Lockner, Lucas, Schrempp, Sperry, and Weber

FOR AN ACT ENTITLED, An Act to provide for a warranty upon the sale of certain used motor vehicles by licensed motor vehicle dealers.

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

     SB 250 Introduced by: Senator Kloucek and Representative Moore

     FOR AN ACT ENTITLED, An Act to appropriate money for increased personal services for prison guards.

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

     SB 251 Introduced by: Senator Kloucek and Representative Waltman

     FOR AN ACT ENTITLED, An Act to allow the Governor to smoke in the Governor's office.

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

     SB 252 Introduced by: Senators Thompson, Hutmacher, and Lange and Representatives Kazmerzak, Brown (Jarvis), and Lee

     FOR AN ACT ENTITLED, An Act to nominate and elect county officers in nonpolitical elections.

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

     SB 253 Introduced by: Senators Vitter, Aker, Albers, Ham, and Reedy and Representatives Pederson (Gordon) and Pummel

     FOR AN ACT ENTITLED, An Act to revise the circumstances in which motor vehicle lamps are required to be in use.

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

SB 254 Introduced by: Senators Valandra and Thompson and Representatives Hagen and Lucas

FOR AN ACT ENTITLED, An Act to provide for education cost equalization grants and make an appropriation therefor.

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

     SB 255 Introduced by: Senators Symens, Dennert, Dunn (Rebecca), Flowers, Hunhoff, Hutmacher, Kloucek, Lange, Lawler, Morford-Burg, Olson, Reedy, and Valandra and Representatives Koetzle, Chicoine, Collier, Davis, Fischer-Clemens, Gleason, Hagen, Haley, Kazmerzak, Lee, Lockner, Lucas, Moore, Schaunaman, Schrempp, Sperry, and Waltman

     FOR AN ACT ENTITLED, An Act to create a legislative oversight committee for economic development.

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

     SB 256 Introduced by: Senators Symens, Lange, and Munson (David) and Representatives Gleason, Haley, and Lucas

     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 257 Introduced by: Senator Paisley

     FOR AN ACT ENTITLED, An Act to revise the funding of special education.

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

     SB 258 Introduced by: Senators Kleven, Flowers, Johnson (William), Staggers, and Vitter and Representatives Pummel, Apa, Kredit, McNenny, and Wetz

     FOR AN ACT ENTITLED, An Act to provide for a refund of certain taxes attributed to the construction of a project by any political subdivision of this state.

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

     SJR 3 Introduced by: Senators Hutmacher, Hunhoff, Kloucek, Reedy, and Symens and Representatives Weber, Chicoine, Collier, Kazmerzak, Lee, Lockner, and Schrempp

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XVII of the Constitution of the State of South Dakota, relating to certain restrictions on corporate farming in South Dakota.

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

     SJR 4 Introduced by: Senators Staggers, Aker, Benson, Dennert, Drake, Dunn (Rebecca), Flowers, Hunhoff, Hutmacher, Kleven, Kloucek, Lange, Lawler, Morford-Burg, Munson (David), Olson, Reedy, Shoener, Valandra, and Vitter and Representatives Napoli, Apa, Brooks, Chicoine, Collier, Crisp, Duenwald, Duxbury, Eccarius, Fischer-Clemens, Fitzgerald, Gleason, Hagen, Haley, Hassard, Koetzle, Kooistra, Lee, Madden, Monroe, Moore, Pederson (Gordon), Schaunaman, Schrempp, Smidt, Sperry, Van Gerpen, Volesky, Waltman, Weber, Wetz, and Windhorst

     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 to prohibit the taxation of inheritances.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 117 : 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 second time.

     The question being "Shall SB 117 pass?"

     And the roll being called:

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

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

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 146 : FOR AN ACT ENTITLED, An Act to revise the dates when the auditor reconciles the unpaid taxes.

Was read the second time.

     The question being "Shall SB 146 pass?"

     And the roll being called:

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

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

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 147 : FOR AN ACT ENTITLED, An Act to revise the requirement for issuing property tax receipts.

Was read the second time.

     The question being "Shall SB 147 pass?"

     And the roll being called:

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

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

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 1006 : FOR AN ACT ENTITLED, An Act to repeal certain taxes on express companies.

Was read the second time.

     The question being "Shall HB 1006 pass?"

     And the roll being called:

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

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

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 1007 : FOR AN ACT ENTITLED, An Act to repeal certain taxes on telegraph companies.

Was read the second time.

     The question being "Shall HB 1007 pass?"

     And the roll being called:

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

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

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 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.

The question being on Sen. Rounds' pending motion to amend SB 110 as found on page 248 of the Senate Journal.

Sen. Aker moved as a substitute motion that SB 110 be amended as follows:

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

“ Municipalities of the first class may, by ordinance, prohibit persons aged fourteen or fifteen from operating a motor vehicle within the municipality. The maximum penalty for violations of such an ordinance is ten dollars per violation. “

     Sen. Olson moved that Sen. Aker's motion to amend SB 110 and SB 110 be laid on the table.

     The question being on Sen. Olson's motion that Sen. Aker's motion to amend SB 110 and SB 110 be laid on the table.

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0

     Yeas were:
Benson; Brown (Arnold); Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Halverson; Hutmacher; Johnson (William); Kleven; Kloucek; Lawler; Morford-Burg; Olson; Reedy; Rounds; Symens; Valandra; Vitter

Nays were:
Aker; Albers; Everist; Hainje; Ham; Hunhoff; Lange; Munson (David); Paisley; Shoener; Staggers; Thompson; Whiting

Excused were:
Daugaard

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and Sen. Aker's motion to amend SB 110 and SB 110 were laid on the table.

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.

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

     The question being "Shall SB 75 pass as amended?"

     And the roll being called:

     Yeas 12, Nays 22, Excused 1, Absent and Not Voting 0

     Yeas were:
Brown (Arnold); Dunn (Jim); Everist; Halverson; Lawler; Munson (David); Paisley; Rounds; Shoener; Valandra; Vitter; Whiting

Nays were:
Aker; Albers; Benson; Dennert; Drake; Dunn (Rebecca); Flowers; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Morford-Burg; Olson; Reedy; Staggers; Symens; Thompson

Excused were:
Daugaard

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

Sen. Halverson announced his intention to reconsider the vote by which SB 75 lost.

SB 63 : FOR AN ACT ENTITLED, An Act to extend medical assistance recovery to estates of surviving spouses of certain deceased medical assistance recipients.

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

     The question being "Shall SB 63 pass?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent and Not Voting 0

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

Nays were:
Benson; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Morford-Burg; Olson; Symens; Thompson; Valandra

Excused were:
Daugaard

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

Was read the second time.

     The question being "Shall SB 87 pass?"

     And the roll being called:

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

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

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 106 : FOR AN ACT ENTITLED, An Act to provide for protection orders in cases of stalking.

Was read the second time.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

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

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

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.

There being no objection the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Lawler moved that SB 196 be referred from the Committee on Judiciary to the Committee on Health and Human Services.

Which motion prevailed and the bill was so referred.

Sen. Dunn (Jim) moved that SB 6 be referred from the Committee on Health and Human Services to the Committee on Commerce.

Which motion prevailed and the bill was so referred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 43 : FOR AN ACT ENTITLED, An Act to establish certain requirements and to prohibit certain practices regarding sweepstake prizes and to provide a penalty for certain violations thereof.

Was read the second time.

The question being "Shall SB 43 pass as amended?"

And the roll being called:

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

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

Excused were:
Daugaard

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 142 : FOR AN ACT ENTITLED, An Act to authorize the use of the municipal sales tax for certain street rehabilitation and reconstruction.

Was read the second time.

     The question being "Shall SB 142 pass?"

     And the roll being called:

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

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

Nays were:
Benson; Drake; Dunn (Jim); Frederick; Halverson; Johnson (William); Morford-Burg; Thompson

Excused were:
Daugaard

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.

There being no objection the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 112 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 8 of the printed bill , remove the overstrikes from " or " .

     On page 1 , line 10 , delete " ; or " .

     On page 1 , delete line 11 .

     On page 1 , line 12 , delete everything before "."

     On page 1 , line 14 , after " more " insert " , or of property of any value less than five hundred dollars belonging to a resident of a nursing facility, chemical dependency facility, assisted living center, developmental center, human services center, or any residential facility for the mentally ill, mentally retarded, or developmentally disabled, if the theft is committed by an employee of the facility, " .

On page 1 of the printed bill , after line 16 , insert:

" Section 2. That chapter 22-46 be amended by adding thereto a NEW SECTION to read as follows:

If any administrator or supervisor of an institution regulated pursuant to chapter 34-12 has personal knowledge that any employee, agent, or member of the institution's medical or dental staff has abused or neglected, exploited, or stolen property of a value greater than ten dollars from any disabled adult within such institution, the administrator or supervisor shall report such abuse, neglect, exploitation, or theft to the state's attorney of the county in which the institution is located. Failure to make such a report is a Class 2 misdemeanor. "

On page 1 , line 1 of the printed bill , delete everything after " the " and insert " penalty for theft by an employee of certain facilities and to require the reporting of certain thefts, abuse, neglect, and exploitation. "

On page 1 , delete line 2 .

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

On page 1 , line 7 of the printed bill , after " court " insert " other than a protection order " .

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

On page 1 , line 5 of the printed bill , delete " , without any legal purpose, " .

On page 1 , line 6 , delete " with the intent to seriously alarm or annoy that person " .

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

On page 1 , line 7 of the printed billl , remove the overstrikes from " ~~A lesser sentence~~ " .

On page 1 , line 8 , remove the overstrikes from " ~~than death or life imprisonment may not be given for a Class A felony~~ " and insert "."

     On page 1 , line 10 of the printed bill , remove the overstrikes from " ~~A lesser sentence may not~~ " .

     On page 1 , line 11 , remove the overstrikes from " ~~be given for a Class B felony~~ " and insert ".".

     On page 1 , line 13 , delete " ~~life~~ seventy-five years " and insert " life " .

     On page 2 , delete lines 18 to 23 , 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 44 and returns the same with the recommendation that said bill be amended as follows:

On page 6 , line 4 of the printed bill , delete " ten business " and insert " thirty " .

On page 6 , line 14 , delete " ten business " and insert " thirty " .

On page 6 , line 24 of the printed bill , after " A " insert " willful " .

On page 7 , line 4 , delete " such " and insert " a willful " .

And that as so amended said bill do pass.

Respectfully submitted,
FRED WHITING, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1080 : FOR AN ACT ENTITLED, An Act to revise certain restrictions pertaining to carrying on similar business within specified geographical areas in sales of good will.

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

HB 1091 : FOR AN ACT ENTITLED, An Act to revise the definition for wages for the purposes of unemployment compensation.

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

HB 1095 : FOR AN ACT ENTITLED, An Act to revise the procedure for changing a corporation's registered office or agent.

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

HB 1097 : FOR AN ACT ENTITLED, An Act to return unemployment compensation

experience-rating accounts to sellers in certain contract for deed transactions.

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

HB 1116 : FOR AN ACT ENTITLED, An Act to repeal the time limit on compilation of municipal ordinances.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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.

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

Sen. Rounds moved that HJR1001 be referred to the Committee on State Affairs.

Which motion prevailed and the bill was so referred.

SIGNING OF BILLS

     The President publicly read the title to

     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.

     SB 19: FOR AN ACT ENTITLED, An Act to provide for the investment by the state investment council of certain school and public lands funds.

     SB 46: FOR AN ACT ENTITLED, An Act to expand the definition of sex crime for sex offender registration purposes.

     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.

     SB 74: FOR AN ACT ENTITLED, An Act to revise the requirements for disclosure for certain health insurance coverages and to further limit the application of waiting periods for medicare supplement insurance.

And signed the same in the presence of the Senate.

Sen. Brown (Arnold) moved that the Senate do now adjourn, which motion prevailed, and at 4:05 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary