Senate Journal 02/20/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 20, 1997

     The Senate convened at 1:30 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Paul Kondy, followed by the Pledge of Allegiance led by Senate page Janice Cook.

     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 twenty-seventh 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 Commerce respectfully reports that it has had under consideration HB 1101 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1038, 1080, 1095, 1097, 1148, and 1153 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1048 and returns the same with the recommendation that said bill be amended as follows:

j-1048a

On page 3 , line 5 of the House Commerce committee engrossed bill , after " chapter. " insert " The term, affiliate, does not include any agent or broker of the insolvent insurer. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1070 and returns the same with the recommendation that said bill be amended as follows:

j-1070a

On page 1 , line 8 of the House engrossed bill , delete " the " and insert " a terminated " .

On page 1 , line 8 , after " representative " insert " upon a completed sale " .

On page 1 , line 8 , delete " upon " and insert " after " .

On page 1 , line 9 , after " representative. " insert " If a sales transaction is partially completed by a terminated sales representative and the partial completion is not provided for in the employment contract, the sales representative is entitled to an equitable portion of the commission based upon the portion of the contract performed by the sales representative if the transaction is closed and the purchaser has paid for the item. The commission due a terminated

sales representative shall be paid on the next stated pay day after closing on which the commission would normally have been paid if the employment had not been terminated. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1091 which was deferred to the 41st legislative day.

Respectfully submitted,
JERRY SHOENER, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Harvey C. Jewett, Brown County, Aberdeen, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
BARBARA EVERIST, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 141 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1017, 1045, 1146, 1158, 1180, 1183, 1196, 1199, 1224, 1263, 1264, 1267, 1272, and 1277 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rounds requested a ruling from the chair regarding the placement of SB 234 on the calendar.

The President ruled that SB 234 be placed to precede SB 254 on today's calendar.

     SCR 4 : A CONCURRENT RESOLUTION, Urging the Environmental Protection Agency to reaffirm certain air quality standards.

     Sen. Jim Dunn moved that SCR 4 as found on page 355 of the Senate Journal and amended on page 506 be adopted.

     The question being on Sen. Jim Dunn's motion that SCR 4 be adopted.

     And the roll being called:

     Yeas 33, Nays 1, 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; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting

Nays were:
Hunhoff

Excused were:
Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 121 as found on page 513 of the Senate Journal; also

     Education on SB 170 as found on page 517 of the Senate Journal; also

     State Affairs on HJR 1001 as found on page 517 of the Senate Journal; also

Local Government on HB 1150 as found on page 520 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

     Sen. Hutmacher moved that the word "not" be stricken from the report of the Committee on State Affairs on SB 247 as found on page 512 of the Senate Journal and that SB 247 be placed on today's calendar.

     The question being on Sen. Hutmacher's motion that the word "not" be stricken from the report of the Committee on State Affairs on SB 247 and that SB 247 be placed on today's calendar.

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent and Not Voting 0

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

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

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

     Sen. Flowers moved that the word "not" be stricken from the report of the Committee on Agriculture & Natural Resources on SB 243 as found on page 512 of the Senate Journal and that SB 243 be placed on today's calendar.

     The question being on Sen. Flowers' motion that the word "not" be stricken from the report of the Committee on Agriculture & Natural Resources on SB 243 and that SB 243 be placed on today's calendar.

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent and Not Voting 0

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

     Sen. Kloucek moved that SB 5, which was reported without recommendation, be placed on today's calendar.

     The question being on Sen. Kloucek's motion that SB 5 be placed on today's calendar.

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent and Not Voting 0

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Rounds requested that HB 1126 be removed from the Consent Calendar.

Sens. Drake and Thompson requested that SB 126 be removed from the Consent Calendar.

HB 1105 : FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the printing and disposition of legislative bills.

Was read the second time.

The question being "Shall HB 1105 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.

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

Was read the second time.

     The question being "Shall HB 1074 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.

HB 1140 : FOR AN ACT ENTITLED, An Act to revise the definition of a financial institution for nonprobate transfers.

Was read the second time.

The question being "Shall HB 1140 pass?"

And the roll being called:

HB 1241 : FOR AN ACT ENTITLED, An Act to clarify the notice requirement in certain estate matters.

Was read the second time.

     The question being "Shall HB 1241 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.

HB 1184 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to school district elections.

Was read the second time.

The question being "Shall HB 1184 pass?"

And the roll being called:

HB 1013 : FOR AN ACT ENTITLED, An Act to clarify that a local school board or governing body may set the school term for kindergarten programs and to revise certain requirements regarding the school term established by a local school board.

Was read the second time.

     The question being "Shall HB 1013 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.

HB 1076 : FOR AN ACT ENTITLED, An Act to provide that the school district of residence of certain foster children is the resident district of the foster parent.

Was read the second time.

The question being "Shall HB 1076 pass?"

And the roll being called:

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 234 : FOR AN ACT ENTITLED, An Act to exempt transportation services, veterinarian services, and animal specialty services from sales and use tax.

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

     The question being "Shall SB 234 pass?"

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent and Not Voting 0

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

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

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

SB 254 : FOR AN ACT ENTITLED, An Act to appropriate money for memorial education cost equalization grants and to declare an emergency.

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

The question being "Shall SB 254 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0

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

Nays were:
Aker; Dunn (Jim); Frederick; Halverson; Rounds; Staggers

Excused were:
Everist

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 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.

d-72

Sen. Frederick moved that SB 72 be amended as follows:

On page 1 , line 14 of the Senate Appropriations committee engrossed bill , delete " $1,663 " and insert " $1,635 " .

On page 2 , line 6 , delete " $19,945 " and insert " $19,614 " .

On page 2 , line 14 , delete " $1,839 " and insert " $1,808 " .

On page 2 , line 22 , delete " $22,058 " and insert " $21,692 " .

Sen. Lawler requested a roll call vote.

Which request was supported.

The question being on Sen. Frederick's motion that SB 72 be amended.

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Flowers

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and SB 72 was so amended.

Sen. Morford-Burg moved that SB 72 be amended as follows:

c-72

On page 4 of the Senate Appropriations committee engrossed bill, between lines 4 and 5 insert:

"Section 7A. The Executive Board of the Legislative Research Council shall appoint an interim study committee to conduct a thorough review of the educational opportunities available to students across the state and whether or not those opportunities are equally accessible to students in both large and small school districts."

Sen. Morford-Burg requested a roll call vote.

Which request was supported.

The question being on Sen. Morford-Burg's motion that SB 72 be amended.

    And the roll being called:

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

     Yeas were:
Benson; Daugaard; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Symens; Thompson; Valandra

Nays were:
Aker; Albers; Brown (Arnold); Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Rounds; Shoener; Staggers; Vitter; Whiting

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and SB 72 was so amended.

t-72

Sen. Hutmacher moved that SB 72 be amended as follows:

On page 2 , line 1 of the Senate Appropriations committee engrossed bill , overstrike " lesser " and insert " greater " .

On page 2 , line 8 , overstrike " lesser " and insert " greater " .

On page 2 , line 16 , overstrike " lesser " and insert " greater " .

On page 2 , line 24 , overstrike " lesser " and insert " greater " .

Sen. Hutmacher requested a roll call vote.

Which request was supported.

The question being on Sen. Hutmacher's motion that SB 72 be amended.

    And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent and Not Voting 0

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

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

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

The question now being "Shall SB 72 pass as amended?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent and Not Voting 0

Yeas were:
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; Staggers; Symens; Vitter

Nays were:
Aker; Benson; Thompson; Valandra; Whiting

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. Morford-Burg moved that the title to SB 72 be amended as follows:

c-72t

On page 1 , line 1 of the Senate Appropriations committee engrossed bill , after " education " insert " and to require a legislative interim study of educational opportunities " .

Which motion prevailed and the title was so amended.

SB 219 : FOR AN ACT ENTITLED, An Act to revise the number of nonresident waterfowl licenses issued.

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

The question being on Sen. Rounds' pending motion that SB 219 be amended as found on page 529 of the Senate Journal.

Which motion prevailed and the bill was so amended.

t-219e

Sen. Rounds moved that SB 219 be amended as follows:

On page 2 , line 8 of the Senate Agriculture and Natural Resources committee engrossed bill , delete " shall " and insert " may " .

On page 530 , line 15 of the Senate Journal , after " after. " insert " Any nonresident licenses in excess of the first four thousand nonresident licenses in any year may only be used from November first through the end of the hunting season. "

Which motion prevailed and SB 219 was so amended.

     The question being "Shall SB 219 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Dennert; Drake; Dunn (Jim); Halverson; Ham; Hutmacher; Kleven; Lange; Morford-Burg; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Benson; Brown (Arnold); Daugaard; Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Hunhoff; Johnson (William); Kloucek; Lawler; Munson (David); Olson; Paisley; Reedy; Staggers; Thompson

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

SB 24 : FOR AN ACT ENTITLED, An Act to clarify payment of state aid to education by defining which schools are included in computation of average daily membership and repealing the waiver of tuition for nonresident students.

Was read the second time.

o-24c

Sen. Ham moved that SB 24 be amended as follows:

On page 2 , line 5 of the Senate Education committee engrossed bill , overstrike " for more than thirty school " .

On page 2 , line 6 , overstrike " days " .

Which motion prevailed and SB 24 was so amended.

t-24

Sen. Drake moved that SB 24 be amended as follows:

On page 1 , line 8 of the Senate Education committee engrossed bill , before " schools " insert " all " .

On page 5 , line 17 , before " schools " insert " all " .

On page 8 , line 17 , before " schools " insert " all " .

Which motion prevailed and SB 24 was so amended.

     The question being "Shall SB 24 pass as amended?"

     And the roll being called:

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

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

Nays were:
Hutmacher

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. Ham moved that the title to SB 24 be amended as follows:

o-24t

On page 1 , line 2 of the Senate Education committee engrossed bill , delete " and repealing the " .

On page 1 , line 3 , delete " waiver of tuition for nonresident students " .

Which motion prevailed and the title was so amended.

SB 154 : FOR AN ACT ENTITLED, An Act to revise certain school district funds.

Was read the second time.

The question being "Shall SB 154 pass as amended?"

And the roll being called:

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

Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Munson (David); Paisley; Rounds; Shoener; Symens; Thompson; Vitter; Whiting

Nays were:
Benson; Dennert; Drake; Flowers; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Staggers; Valandra

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

SB 187 : FOR AN ACT ENTITLED, An Act to increase the amount of money or damage that is under the jurisdiction of small claims court and to clarify that a party may be represented by an attorney in small claims or magistrate court.

Was read the second time.

     The question being "Shall SB 187 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); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting

Excused were:
Hutmacher; Valandra

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

SB 268 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the civil liability of drug dealers.

Was read the second time.

     The question being "Shall SB 268 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent and Not Voting 0

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

Nays were:
Benson; Drake; Johnson (William)

Excused were:
Dunn (Jim); Everist

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 137 : FOR AN ACT ENTITLED, An Act to provide for the issuance of big game licenses to the dependent children of certain armed services members.

Was read the second time.

Sen. Kloucek moved that SB 137 be placed to follow SB 214 on today's calendar.

Which motion prevailed and SB 137 was so placed.

SB 175 : FOR AN ACT ENTITLED, An Act to provide for the regulation of certain intrastate motor carriers.

Was read the second time.

Sen. Flowers moved that SB 175 be placed to follow SB 126 on today's calendar.

Which motion prevailed and SB 175 was so placed.

SB 214 : FOR AN ACT ENTITLED, An Act to exempt law enforcement officers from the requirement of the use of motor vehicle lights under certain circumstances.

Was read the second time.

     The question being "Shall SB 214 pass?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, 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; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting

Nays were:
Lawler; Morford-Burg; Reedy

Excused were:
Flowers; Valandra

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

SB 137 : FOR AN ACT ENTITLED, An Act to provide for the issuance of big game licenses to the dependent children of certain armed services members.

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

     The question being "Shall SB 137 pass as amended?"

     And the roll being called:

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

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

Excused were:
Valandra

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

SB 121 : FOR AN ACT ENTITLED, An Act to define medical indigence.

Was read the second time.

o-121k

Sen. Rounds moved that SB 121 be amended as follows:

On page 18 , line 11 of the Senate State Affairs committee engrossed bill , delete " lawful " and insert " unlawful " .

Which motion prevailed and SB 121 was so amended.

     The question being "Shall SB 121 pass as amended?"

     And the roll being called:

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

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

Excused were:
Valandra

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

SB 257 : FOR AN ACT ENTITLED, An Act to revise the funding of special education.

Was read the second time.

     The question being "Shall SB 257 pass?"

     And the roll being called:

     Yeas 11, Nays 21, Excused 3, Absent and Not Voting 0

     Yeas were:
Benson; Brown (Arnold); Daugaard; Flowers; Hutmacher; Lange; Olson; Paisley; Reedy; Vitter; Whiting

Nays were:
Aker; Albers; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Kloucek; Lawler; Morford-Burg; Munson (David); Rounds; Shoener; Symens; Thompson

Excused were:
Everist; Staggers; Valandra

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

SB 170 : FOR AN ACT ENTITLED, An Act to establish statewide content standards of learning for all public schools.

Was read the second time.

t-170

Sen. Everist moved that SB 170 be amended as follows:

On the Senate Education committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 13-3-48 be amended to read as follows:

13-3-48. The secretary of the Department of Education and Cultural Affairs shall prepare and submit for approval of the South Dakota Board of Education academic content standards ~~and promote their voluntary utilization~~ in language arts, mathematics, social studies, and science for grades one through twelve. Each school district shall adopt and implement clearly defined and measurable course guidelines so as to meet the state academic content standards. Course guidelines for language arts and mathematics shall be adopted and implemented by July 1, 1998, and those for social studies and science shall be adopted by July 1, 2000 .

Section 2. That § 13-3-51 be amended to read as follows:

13-3-51. It shall be the duty of the secretary of the Department of Education and Cultural Affairs to establish a uniform system for the gathering and reporting of educational data for the keeping of adequate educational and financial records and for the evaluation of educational progress. An additional written evaluation of the educational progress in the state and in each school district shall be submitted to the Legislature and made available in each school district to the general public.

Section 3. Every school district shall administer the same academic achievement test to all students in grades two, four, eight, and eleven. In addition, every school district shall administer to all students in grades five and nine an achievement test to assess writing skills. These tests shall be provided by the Department of Education and Cultural Affairs and shall assess

proficiency in meeting state standards. These tests shall be administered starting during the 1998-1999 school year. "

Which motion prevailed and SB 170 was so amended.

t-170a

Sen. Rounds moved that SB 170 be amended as follows:

In Section 2 of the previous amendment (t-170), delete " additional " and insert " annual ".

Which motion prevailed and SB 170 was so amended.

     The question being "Shall SB 170 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent and Not Voting 0

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

Nays were:
Dennert; Flowers; Kloucek; Staggers; Thompson

Excused were:
Valandra

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

SB 126 : FOR AN ACT ENTITLED, An Act to permit the Department of Commerce and Regulation to provide the driving record of policyholders to insurance companies.

Was read the second time.

The question being "Shall SB 126 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, 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; Vitter; Whiting

Nays were:
Drake

Excused were:
Valandra

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

SB 175 : FOR AN ACT ENTITLED, An Act to provide for the regulation of certain intrastate motor carriers.

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

o-175d

Sen. Flowers moved that SB 175 be amended as follows:

On page 2 of the Senate Transportation committee engrossed bill , after line 22 , insert:

" Section 2. That chapter 49-28A be amended by adding thereto a NEW SECTION to read as follows:

The physical requirements of 49 C.F.R. part 391.41 do not apply to the driver of a licensed noncommercial motor vehicle if the motor vehicle is nonarticulating. "

Which motion prevailed and SB 175 was so amended.

The question being "Shall SB 175 pass as amended?"

And the roll being called:

Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0

Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Halverson; Ham; Hunhoff; Johnson (William); Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Thompson; Vitter; Whiting

Nays were:
Hainje; Kleven; Kloucek; Morford-Burg; Staggers

Excused were:
Hutmacher; Valandra

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

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1103, 1109 and 1280 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1002 and 1178 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 Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill be amended as follows:

t-1108g

On page 3 , line 5 of the House engrossed bill , delete " commissioner " and insert " commission " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1004 and returns the same with the recommendation that said resolution be concurred in as amended.

t-c1004

On page 237 , line 25 of the House Journal, delete " American-made " and insert " American- produced " .

Respectfully submitted,
JIM DUNN, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1246 : FOR AN ACT ENTITLED, An Act to elect trustees to control and manage drainage districts.

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

HB 1082 : FOR AN ACT ENTITLED, An Act to reduce the voting requirements of the board of adjustment and to increase the minimum number of members appointed to the planning and zoning commission.

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

HB 1017 : FOR AN ACT ENTITLED, An Act to revise the requirements concerning a candidate's support of congressional term limits and to provide the board of elections with rule- making authority for implementing the voter's instructions on term limits.

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

HB 1045 : FOR AN ACT ENTITLED, An Act to make an appropriation for the Mickelson Scholars Program.

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

HB 1146 : FOR AN ACT ENTITLED, An Act to make an appropriation for the support of the Northern Crops Institute.

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

HB 1158 : FOR AN ACT ENTITLED, An Act to prohibit certain hog farming operations that have committed environmental or other violations from operating in South Dakota.

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

HB 1180 : FOR AN ACT ENTITLED, An Act to clarify taxing authority for political subdivisions.

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

HB 1183 : FOR AN ACT ENTITLED, An Act to revise the penalties for false reporting of a bomb and to provide for civil liability.

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

HB 1196 : FOR AN ACT ENTITLED, An Act to revise the mileage requirements for the reimbursement of certain school transportation costs.

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

HB 1199 : FOR AN ACT ENTITLED, An Act to prohibit the location of certain livestock feeding operations over shallow aquifers.

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

HB 1224 : FOR AN ACT ENTITLED, An Act to revise the tax refund provisions for agricultural facilities and to declare an emergency.

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

HB 1263 : FOR AN ACT ENTITLED, An Act to make an appropriation for a donation for the Women In Military Service For America Memorial.

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

HB 1264 : FOR AN ACT ENTITLED, An Act to expand the vehicles that an auction agency may sell.

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

HB 1267 : FOR AN ACT ENTITLED, An Act to revise certain provisions concerning restitution to victims.

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

HB 1272 : FOR AN ACT ENTITLED, An Act to provide a civil cause of action for barratry and to institute a procedure for the assertion of a claim of barratry.

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

HB 1277 : FOR AN ACT ENTITLED, An Act to revise the requirements for registered engineers, architects, and land surveyors approving certain building projects.

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

Sen. Rounds moved that HB 1079, 1112, 1047, 1102, 1089, 1068, 1046, 1049, 1035, 1055, 1125, 1096, 1147, 1162, 1085, 1093, 1143, and HJR 1004 be deferred until Friday, February 21, the 29th legislative day.

Which motion prevailed and the bills and resolution were so deferred.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 21, the 29th legislative day.

Which motion prevailed.

Sen. Albers moved that the Senate do now adjourn, which motion prevailed, and at 5:50 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary