JOURNAL OF THE SENATE

SEVENTY-SECOND  SESSION




SEVENTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 5, 1997

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by Senate page Christena Eberhart.

     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 sixteenth 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 Legislative Procedure respectfully reports that SB 3, 4, 21, 45, 52, 53, 61, 65, and 68 were delivered to his Excellency, the Governor, for his approval at 2:35 p.m., February 3, 1997.


Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 11, 19, 46, 66, and 74 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 5, 1997.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 141 and 190 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 SB 192 and HB 1066 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Respectfully submitted,
ALAN AKER, Chair

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1059 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 State Affairs respectfully reports that it has had under consideration the nomination of Daniel J. Nichols of Minnehaha County, Sioux Falls, South Dakota, to the

Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:     The Committee on State Affairs respectfully reports that it has had under consideration the nomination of James Sheridan, Beadle County, Huron, South Dakota, to the Board of Pardons and Paroles 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 Education respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill be referred to the Committee on Taxation.


Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 199 which was deferred to the 41st legislative day.


Respectfully submitted,
BARBARA EVERIST, Chair

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 128 and 161 and returns the same with the recommendation that said bills do pass.



Also MADAM PRESIDENT:

     The Committee on Taxation respectfully reports that it has had under consideration SB 98 and returns the same with the recommendation that said bill be amended as follows:
    
f-98
     On page 1 , line 6 of the printed bill , delete " 1997 " and insert " 1999 " .

     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 176 which was tabled.


Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 17 which was deferred to the 41st legislative day.


Respectfully submitted,
KEITH PAISLEY, Chair


COMMUNICATIONS AND PETITIONS


February 4, 1997



Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 1, 2, 21, and 45 and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
WILLIAM J. JANKLOW
GOVERNOR


MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 41 and 95 which have passed the House without change.


Also MADAM PRESIDENT:

    I have the honor to return herewith SB 47 and 55 which have been amended by the House and your concurrence in the amendments is respectfully requested.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1055, 1057, 1068, 1141, and 1177 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk


MOTIONS AND RESOLUTIONS


     Sen. Halverson moved that SB 251 be referred from the Committee on Appropriations to the Committee on State Affairs.

    Which motion prevailed and the bill was so referred.

    Sen. Shoener moved that the Senate do concur in the House amendments to SB 80.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 80.

     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 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.


CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on SB 207 as found on page 303 of the Senate Journal; also

     Transportation on SB 205 as found on page 303 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.
    
SECOND READING OF CONSENT CALENDAR ITEMS


     SB 198   :   FOR AN ACT ENTITLED, An Act   to revise certain requirements of the director of the Office of Laboratory Services.

     Was read the second time.

     The question being "Shall SB 198 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 150   :   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 second time.

     The question being "Shall SB 150 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 204   :   FOR AN ACT ENTITLED, An Act   to revise the number of days that a temporary snowmobile license permit is valid.

     Was read the second time.

     The question being "Shall SB 204 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.


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


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

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

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

     And the roll being called:

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

     Yeas were:
Aker; Benson; Brown (Arnold); Dunn (Jim); Everist; Flowers; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Munson (David); Paisley; Reedy; Shoener; Valandra; Whiting

     Nays were:
Albers; Daugaard; Dennert; Drake; Dunn (Rebecca); Frederick; Hainje; Halverson; Johnson (William); Morford-Burg; Olson; Rounds; Staggers; Symens; Thompson; Vitter

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

     Having had its second reading was up for consideration and final passage.
r-113

     Sen. Hutmacher moved that SB 113 be amended as follows:

     On page 1 , line 9 of the printed bill , delete " occupied " .
    
     On page 1 , line 9 , after " structure " insert " , where another person is present " .

     Which motion prevailed and SB 113 was so amended.

     The question being "Shall SB 113 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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:
Benson; 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 116   :   FOR AN ACT ENTITLED, An Act   to permit headstart program directors to have limited access to the central registry for abuse and neglect.

     Was read the second time.

     The question being "Shall SB 116 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 133   :   FOR AN ACT ENTITLED, An Act   to require persons convicted of driving under the influence of alcohol or drugs to participate in certain education and evaluation by a chemical dependency counselor or professional.

     Was read the second time.

     The question being "Shall SB 133 pass as amended?"

     And the roll being called:

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

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

     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 48   :   FOR AN ACT ENTITLED, An Act   to authorize construction of an animal resource addition to the animal disease research and diagnostic laboratory at South Dakota State University and to provide for its funding.

     Was read the second time.

     The question being "Shall SB 48 pass as amended?"

     And the roll being called:


    Yeas 33, Nays 2, Excused 0, 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

     Nays were:
Everist; Thompson

     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 51   :   FOR AN ACT ENTITLED, An Act   to authorize the Board of Regents to erect an unheated storage building on the campus of Black Hills State University and to provide for its funding.

     Was read the second time.

     The question being "Shall SB 51 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.

     The question being on the title.

     Sen. Frederick moved that the title to SB 51 be amended as follows:

z-51Ta

     On page 1 , line 2 of the Senate Appropriations committee engrossed bill , delete " and to provide for its " .

     On page 1 , line 3, delete "funding".
    
     Which motion prevailed and the title was so amended.
     SB 72   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to state aid to education and to declare an emergency.

     Was read the second time.

     Sen. Frederick moved that SB 72 be deferred until Tuesday, February 11, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 124   :   FOR AN ACT ENTITLED, An Act   to revise the tourism promotion tax and to appropriate the revenue therefrom.

     Was read the second time.

o-124e

     Sen. Shoener moved that SB 124 be amended as follows:

     On page 5 , line 12 of the Senate State Affairs committee engrossed bill , delete " 8 " and insert " 1 " .

     Which motion prevailed and SB 124 was so amended.

o-124b

     Sen. Shoener moved that SB 124 be amended as follows:

     On page 5 , after line 12 of the Senate State Affairs committee engrossed bill , insert:
    
    "Section 13. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Which motion prevailed and SB 124 was so amended.

     The question being "Shall SB 124 pass as amended?"

     And the roll being called:

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



     Nays were:
Kloucek; Staggers

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

     The question being on the title.

     Sen. Shoener moved that the title to SB 124 be amended as follows:

o-124T

     On page 1 , line 1 of the Senate State Affairs committee engrossed bill , delete " and " and insert " , " .
    
     On page 1 , line 2 , after " therefrom " insert " , and to declare an emergency " .

     Which motion prevailed and the title was so amended.

     SB 10   :   FOR AN ACT ENTITLED, An Act   to authorize the Board of Regents to enter into cooperative purchasing agreements with the North Dakota State Board of Higher Education.

     Was read the second time.

     The question being "Shall SB 10 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent and Not Voting 0

     Yeas were:
Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers; Hainje; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

     Nays were:
Aker; Albers; Drake; Dunn (Jim); Frederick; Halverson; Johnson (William); Rounds; Vitter

     Excused were:
Reedy

     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 44   :   FOR AN ACT ENTITLED, An Act   to regulate and prohibit certain telephone merchandising practices and to provide a penalty.


     Was read the second time.

     The question being "Shall SB 44 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); 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; Rounds; Symens; Thompson; Valandra; Vitter; Whiting

     Nays were:
Shoener; Staggers

     Excused were:
Reedy

     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 112   :   FOR AN ACT ENTITLED, An Act   to revise the penalty for theft by an employee of certain facilities and to require the reporting of certain thefts, abuse, neglect, and exploitation.

     Was read the second time.

     The question being "Shall SB 112 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Munson (David); Paisley; Rounds; Shoener; Thompson; Valandra; Vitter; Whiting

     Nays were:
Benson; Brown (Arnold); Drake; Halverson; Johnson (William); Morford-Burg; Olson; Staggers; Symens

    


    Excused were:
Everist; Reedy

     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 138   :   FOR AN ACT ENTITLED, An Act   to authorize sheriffs to collect fees for expenses incurred in executing court orders.

     Was read the second time.

     The question being "Shall SB 138 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, 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; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Aker; Reedy

     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 143   :   FOR AN ACT ENTITLED, An Act   to expand the definition of the crime of stalking.

     Was read the second time.

     The question being "Shall SB 143 pass as amended?"

     And the roll being called:


     Yeas 33, Nays 0, 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; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Aker; Reedy

     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 15   :   FOR AN ACT ENTITLED, An Act   to revise the penalties for certain felony convictions.

     Was read the second time.

     The question being "Shall SB 15 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, 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; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Aker; Reedy

     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 162   :   FOR AN ACT ENTITLED, An Act   to require disclosure of certain information involving the sale, transfer, or merger of the assets of a nonprofit corporation.

     Was read the second time.

     The question being "Shall SB 162 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; Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

     Nays were:
Staggers

     Excused were:
Aker; Reedy

     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 Education respectfully reports that it has had under consideration SB 132 which was deferred to the 41st legislative day.


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 27 and 69 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair




FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1055   :   FOR AN ACT ENTITLED, An Act   to repeal the early presidential primary.

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

     HB 1057   :   FOR AN ACT ENTITLED, An Act   to allow certain party hunting practices in the hunting of big game.

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

     HB 1068   :   FOR AN ACT ENTITLED, An Act   to provide for six-person juries in small claims actions.

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

     HB 1141   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning those vehicles that are acceptable for sale by an auction agency.

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

     HB 1177   :   FOR AN ACT ENTITLED, An Act   to permit cooperatives, rural electric cooperatives, and nonprofit corporations to conduct meetings by teleconference.

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


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1019   :   FOR AN ACT ENTITLED, An Act   to revise which candidates to whom the provisions concerning campaign financing apply.

     Was read the second time.

     The question being "Shall HB 1019 pass as amended?"

     And the roll being called:


     Yeas 33, Nays 0, 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; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Aker; Reedy

     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. Jim Dunn moved that SB 193 be referred from the Committee on State Affairs to the Committee on Agriculture and Natural Resources.

     Which motion prevailed and the bill was so referred.

     Sen. Jim Dunn moved that SJR 3 be referred from the Committee on State Affairs to the Committee on Agriculture and Natural Resources.

     Which motion prevailed and the bill was so referred.


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

     Which motion prevailed and the bill was so referred.


SIGNING OF BILLS


     The President publicly read the title to

     SB 27: FOR AN ACT ENTITLED, An Act  to revise the time frames for giving notice concerning local elections and the distribution of sample ballots.


     SB 69: FOR AN ACT ENTITLED, An Act  to exempt certain information submitted to the Department of Agriculture from public disclosure requirements.

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

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

     And signed the same in the presence of the Senate.

     Sen. David Munson moved that the Senate do now adjourn, which motion prevailed, and at 4:24 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary