The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of
Allegiance led by Senate page Aaron Van Ruler.
Roll Call: All members present.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared SB 18, 31, 36, 97 and finds the same correctly enrolled.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 38, 41, 47, 78, 80 and
95 were delivered to his Excellency, the Governor, for his approval at 8:30 a.m., February 11,
1997.
The Committee on State Affairs respectfully reports that it has had under consideration SJR
2 and returns the same with the recommendation that said resolution do pass.
The Committee on State Affairs respectfully reports that it has had under consideration SB
251 and 255 which were tabled.
The Committee on State Affairs respectfully reports that it has had under consideration SJR
4 and SB 212, 225, and 247 which were deferred to the 41st legislative day.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1107 and 1141 and returns the same with the recommendation that said bills do pass and
be placed on the Consent Calendar.
The Committee on Commerce respectfully reports that it has had under consideration SB
158 and 236 and returns the same with the recommendation that said bills do pass.
“
Section
1.
That
§
49-31-47
be amended to read as follows:
49-31-48.
A telecommunication device for
the deaf
individuals with disabilities
is an
electrical
or mechanical
device for use with a telephone that
uses a keyboard, acoustic coupler,
display screen or braille display to transmit and receive messages
enables the individual to
communicate through a telephone
. A dual party relay system provides voice and teletype
communication between users of telecommunication devices and other persons.
Section
3.
That
§
49-31-49
be amended to read as follows:
49-31-49.
A telecommunication device furnished by the Department of Human Services
under
§
§
49-31-47 to 49-31-56, inclusive, remains the property of the state. A person who
receives a telecommunication device from the department under this section is liable to the
department for the loss of or damage to the device. Any money collected by the department
under this section shall be deposited in the telecommunication fund
for the deaf
from which the
expenditure occurred
.
Section
4.
That
§
49-31-50
be amended to read as follows:
49-31-50.
There is created in the state treasury
a special fund called
the telecommunication
fund for the deaf
and the telecommunication fund for other disabilities
for the deposit
and
disbursement
of money collected under
§
49-31-49 and
for the deposit and disbursement of the
telecommunication access for the deaf access fee
§
49-31-51
.
Section
5.
That
§
49-31-51
be amended to read as follows:
49-31-51.
There is hereby imposed an access fee of fifteen cents per local exchange service
line per month
, fifteen cents per cellular telephone per month, and fifteen cents per radio pager
device per month
to pay for the program established in
§
49-31-47. The access fee shall be paid
by each local exchange subscriber to a local exchange service,
or by each cellular telephone or
radio pager service subscriber to the service provider,
unless the subscriber is otherwise exempt
from taxation. The access fee shall be reported as a separate line
or service
and collected on the
regular monthly bill by each local exchange telecommunications company
or other service
provider
operating in this state. On or before the last day of the month following each two
month period, every telecommunications company providing local exchange service
or other
service provided specified in this section
shall remit to the Department of Revenue on forms
furnished by the department the amount of the access fee collected for that two month period.
The secretary of revenue may grant an extension of not more than five days for filing a
remittance. The Department of Revenue shall deposit
ninety percent of
the money received
under
§
§
49-31-47 to 49-31-56, inclusive, into the
telecommunications
telecommunication
fund
for the deaf
and ten percent in the telecommunication fund for other disabilities
.
Section
6.
That
§
49-31-56
be amended to read as follows:
49-31-56.
Expenditures authorized by
§
§
49-31-47 to 49-31-56, inclusive, shall be paid on
warrants drawn by the state auditor on vouchers approved by the secretary of the department
of human services.
Expenditure for services for individuals who have deafness, deaf blindness,
hearing impairments, and speech impediments and expenditures for the dual party relay service
shall be paid from the telecommunication fund for the deaf. Expenditure for services for
individuals with all other disabilities shall be paid from the telecommunication fund for other
disabilities.
“
The Committee on Commerce respectfully reports that it has had under consideration SB
195 and 222 which were tabled.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1096, 1126, 1140, 1142, 1143, 1162, 1182, 1205,
1206, 1207, 1223, and 1269 which have passed the House and your favorable consideration is
respectfully requested.
Yesterday, Sen. Flowers announced his intention to reconsider the vote by which SB 215
passed.
Sen. Flowers moved to reconsider the vote by which SB 215 passed.
The question being on Sen. Flowers' motion to reconsider the vote by which SB 215
passed.
And the roll being called:
Yeas 14, Nays 20, Excused 1, Absent and Not Voting 0
Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-
Burg; Olson; Reedy; Symens; Thompson; Valandra
Nays were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick;
Hainje; Halverson; Ham; Johnson (William); Kleven; Paisley; Rounds; Shoener; Staggers;
Vitter; Whiting
Excused were:
Munson (David)
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Sen. Staggers moved that the Committee on State Affairs be instructed to deliver SJR 4 to
the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
HB 1062
:
FOR AN ACT ENTITLED, An Act
to allow more time for a mental illness
hearing.
Was read the second time.
The question being "Shall HB 1062 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; 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:
Drake
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 72
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to state
aid to education and to declare an emergency.
Having had its second reading was up for consideration and final passage.
Sen. Frederick moved that SB 72 be deferred until Wednesday, February 19, the 27th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 181
:
FOR AN ACT ENTITLED, An Act
to allow additional compensation to state's
attorneys for the performance of legal services under the Violence Against Women Act.
Was read the second time.
SB 237
:
FOR AN ACT ENTITLED, An Act
to provide for a temporary sales tax reduction
and to declare an emergency.
Was read the second time.
Sen. Staggers moved that SB 237 be deferred until Wednesday, February 12, the 22nd
legislative day.
Which motion prevailed and the bill was so deferred.
SB 109
:
FOR AN ACT ENTITLED, An Act
to appropriate money for rural school and
community renewal.
Was read the second time.
The question being "Shall SB 109 pass?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca);
Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Albers; Everist
SB 160
:
FOR AN ACT ENTITLED, An Act
to prohibit any person under the age of
eighteen to drive a motor vehicle after consuming alcoholic beverages.
Was read the second time.
The question being "Shall SB 160 pass?"
And the roll being called:
Yeas 18, Nays 17, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Dennert; Dunn (Rebecca); Flowers; Hainje; Ham; Hunhoff; Hutmacher; Kloucek; Lange;
Lawler; Morford-Burg; Olson; Reedy; Staggers; Symens; Thompson; Valandra
Nays were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Halverson;
Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; 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.
Sen. Albers announced his intention to reconsider the vote by which SB 160 passed.
SB 248
:
FOR AN ACT ENTITLED, An Act
to eliminate the requirement of a transfer
hearing in certain proceedings against a delinquent child.
Was read the second time.
The question being "Shall SB 248 pass?"
And the roll being called:
Yeas 16, Nays 18, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Hainje; Halverson; Ham;
Kleven; Munson (David); Rounds; Shoener; Staggers; Thompson; Vitter
Excused were:
Flowers
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 57
:
FOR AN ACT ENTITLED, An Act
to reduce the legal blood alcohol limits for
motor vehicle drivers under twenty-one years of age.
Was read the second time.
"
Section 3. That
§
35-9-1
be amended to read as follows:
Section 4. That
§
35-9-1.1
be amended to read as follows:
35-9-1.1.
It is a Class 2 misdemeanor to sell or give for use as a beverage any alcoholic
beverage to any person who is eighteen years of age or older but less than
twenty-one
nineteen
years of age unless it is done in the immediate presence of a parent or guardian or spouse over
twenty-one
nineteen
years of age or by prescription or direction of a duly licensed practitioner
or nurse of the healing arts for medicinal purposes.
Section 5. That
§
35-9-2
be amended to read as follows:
35-9-2.
It is a Class 2 misdemeanor for any person under the age of
twenty-one
nineteen
years to purchase, attempt to purchase or possess or consume alcoholic beverages except when
consumed in a religious ceremony and given to said person by an authorized person, or to
misrepresent his age with the use of any document for the purpose of purchasing or attempting
to purchase alcoholic beverages from any licensee licensed under this title.
35-4-78.
No licensee may sell any alcoholic beverage:
Section 7. That
§
35-4-79
be amended to read as follows:
35-4-79.
No on-sale licensee may permit any person less than
twenty-one
nineteen
years old
to loiter on the licensed premises or to sell, serve, dispense or consume alcoholic beverages on
such premises. However, an on-sale licensee licensed pursuant to subdivision (4), (6), (11), (13),
or (16) of
§
35-4-2 may permit persons eighteen years old or older to sell and serve or dispense
alcoholic beverages if not less than fifty percent of the gross business transacted by that
establishment is from the sale of food and the licensee or an employee that is at least
twenty-one
nineteen
years of age is on the premises when the alcoholic beverage is sold or dispensed. For
the purposes of this section, the term, "to sell and serve alcoholic beverages," means to take
orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal
adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic
beverages.
Section 8. That
§
35-4-79.1
be amended to read as follows:
35-4-79.1.
No off-sale licensee licensed under subdivision (17) of
§
35-4-2 may permit any
person less than
twenty-one
nineteen
years old to sell, serve or dispense alcoholic beverages on
the licensed premises unless such sales of alcoholic beverages constitutes less than fifty percent
of the gross business transacted by that establishment.
Section 9. That
§
35-4-79.2
be amended to read as follows:
35-4-79.2.
Notwithstanding
§
35-4-79, an on-sale licensee issued a license pursuant to
subdivision (16) of
§
35-4-2 whose sale of alcoholic beverages constitutes more than fifty
percent of the gross business transacted by that establishment may erect a physical barrier to
allow for multiple uses of the premises by persons of all ages provided persons under the age
of
twenty-one
nineteen
are not permitted access to the area reserved for the sale of malt
beverages. For the purposes of this section, a physical barrier includes, but is not limited to, a
wall, fence, rope, railing, or other physical feature erected for the sole purpose of restricting the
free flow of foot traffic and access to a certain area of a premise.
35-4-79.3.
No off-sale licensee licensed under subdivision (3) or (5) of
§
35-4-2 may permit
any person less than
twenty-one
nineteen
years old to sell, serve, or dispense alcoholic
beverages on the licensed premises.
Section 11. That
§
35-4-102
be amended to read as follows:
35-4-102.
Any hotel or motel may sell alcoholic beverages, except malt beverages and wine,
in sizes not to exceed one hundred milliliters and malt beverages and wine in sizes not to exceed
three hundred fifty-five milliliters to its registered guests
twenty-one
nineteen
years of age or
older, by means of a minibar. Access to the minibar in a particular guestroom shall be made
available only by a key, magnetic card or similar device. The licensee shall verify that each
registered guest who is provided a key, magnetic card or similar device to access a minibar is
twenty-one
nineteen
years of age or older.
"
Sen. Frederick requested that Joint Rule 5-17 be invoked on SB 57.
Which request was supported and SB 57 with Sen. Drake's pending motion to amend was
deferred until Thursday, February 13, the 23rd legislative day
SB 194
:
FOR AN ACT ENTITLED, An Act
to classify certain persons as residents for
purposes of higher education tuition.
Was read the second time.
"
Section 2. That
§
13-53-24
be repealed.
Section 3. That
§
13-53-25
be repealed.
13-53-25.
Physical presence in South Dakota for the predominant purpose of attending a
college, university, or other institution of higher education does not count in determining the
twelve month period of residence. Absence from South Dakota for such purpose does not
deprive a person of resident student status.
Section 4. That § 13-53-26 be repealed.
Section 5. That
§
13-53-29
be repealed.
13-53-29.
An unemancipated person may be classified as a resident student without meeting
the twelve month residence requirement within South Dakota if the person's presence in South
Dakota results from the establishment by the person's parents of their residence within the state
and if the person proves that the move was predominantly for reasons other than to enable such
person to become entitled to the status of resident student.
Section 6. That
§
13-53-30
be repealed.
13-53-30.
If it appears that the parents of a person properly classified as a resident student
under the provisions of
§
13-53-29 have removed their residence from South Dakota, the person
shall be reclassified to the status of nonresident unless the parents have been residents for the
twelve months immediately preceding such removal. However, no such reclassification is
effective until the beginning of a semester next following the removal.
Section 7. That
§
13-53-33
be repealed.
13-53-33.
A person classified as a nonresident student may show that the person is exempt
from paying the nonresident tuition and fees by clear and convincing evidence that the person
has been a resident, as provided by
§
13-53-24, prior to the first scheduled day of classes of the
semester in which the tuition and fee status is to be changed. The student shall be allowed to
present evidence only after the expiration of twelve months from the date upon which the
student commenced the twelve month period for residence.
"
Which motion lost.
The question being "Shall SB 194 pass?"
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley;
Reedy; Rounds; Shoener; Thompson; Valandra; Vitter; Whiting
Nays were:
Flowers; Staggers; Symens
SB 223
:
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 second time.
The question being "Shall SB 223 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; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William);
Kleven; Kloucek; Lange; Lawler; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers;
Thompson; Valandra; Vitter; Whiting
Nays were:
Hutmacher; Morford-Burg; Olson; Symens
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.
HB 1096
:
FOR AN ACT ENTITLED, An Act
to reduce the term of office and revise the
qualifications of notaries public.
Was read the first time and referred to the Committee on Judiciary.
HB 1140
:
FOR AN ACT ENTITLED, An Act
to revise the definition of a financial
institution for nonprobate transfers.
Was read the first time and referred to the Committee on Judiciary.
HB 1142
:
FOR AN ACT ENTITLED, An Act
to revise and repeal certain provisions
regarding the Division of Rehabilitation Services.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1143
:
FOR AN ACT ENTITLED, An Act
to require school boards to establish staff
reduction and recall policies.
Was read the first time and referred to the Committee on Education.
HB 1162
:
FOR AN ACT ENTITLED, An Act
to define the term, shall.
Was read the first time and referred to the Committee on Judiciary.
HB 1182
:
FOR AN ACT ENTITLED, An Act
to revise the places where vending
machines selling tobacco products may be located.
Was read the first time and referred to the Committee on Commerce.
HB 1205
:
FOR AN ACT ENTITLED, An Act
to increase the expense allowance of
legislators.
Was read the first time and referred to the Committee on State Affairs.
HB 1206
:
FOR AN ACT ENTITLED, An Act
to authorize the sale of the state-owned
facilities and land in Rapid City, commonly known as the Coal Gasification Plant, and to
provide for the deposit of the proceeds.
Was read the first time and referred to the Committee on State Affairs.
HB 1223
:
FOR AN ACT ENTITLED, An Act
to provide for certain agency appeals to the
Interim Rules Review Committee during the rules promulgation process.
Was read the first time and referred to the Committee on State Affairs.
HB 1269
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions of the uniform
commercial code.
Was read the first time and referred to the Committee on Commerce.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration SB 242 and 269 and returns the same with the recommendation that said
bills do pass.
HJR 1005
:
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next
general election an amendment to Article III, section 6 of the Constitution of the State of South
Dakota, relating to legislative term limits.
Was read the second time.
Sen. Kloucek moved the previous question.
Which motion lost.
The question being "Shall HJR 1005 pass as amended?"
And the roll being called:
Yeas 9, Nays 26, Excused 0, Absent and Not Voting 0
Yeas were:
Brown (Arnold); Everist; Halverson; Johnson (William); Rounds; Shoener; Staggers; Vitter;
Whiting
Nays were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers;
Frederick; Hainje; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg;
Munson (David); Olson; Paisley; Reedy; Symens; Thompson; Valandra
HB 1061
:
FOR AN ACT ENTITLED, An Act
to establish the crime of enticing a child
and to provide a penalty therefor.
Was read the second time.
The question being "Shall HB 1061 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; 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:
Drake
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.
SC 7
Introduced by:
Senators Symens, Dennert, Halverson, and Morford-Burg and
Representatives Gleason, Haley, and Jaspers
A LEGISLATIVE COMMEMORATION,
Honoring Amber Novotny as South Dakota's top
youth volunteer in the National Prudential Spirit of Community Awards Program.
Sen. Staggers moved that the Senate do now adjourn, which motion prevailed, and at 3:58
p.m. the Senate adjourned.