Senate Journal 02/24/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

THIRTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 24, 1997

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

     The prayer was offered by the Chaplain, Father Darrell Lamberty, followed by the Pledge of Allegiance led by Senate page Tara Creighton.

     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 29th day and finds that the following correction be made:

RE: HB 1102

On page 590, line 14, delete "the title was agreed to" and insert "that the title to HB 1102 be amended as follows:

On page 1, line 2 of the House engrossed bill, after "class" insert " and to provide certain restrictions for off-sale licensees"."

All other 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.

The oath of office was administered by the President to the following named persons:

Assistant Sergeant-at-Arms: Don Rounds

Pages: Christina Barth, Angela Brengle, Christopher Cluts, Tara Creighton, Nancy Gilbertson, Ellery Grey, Austin Kaus, Lillika Liikala, Lacey Livermont, and Camie Miller

Which were subscribed to and filed in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 21, 1997

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 32, 33, 34, 35, 50, 56, 67, 71, and 120, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
WILLIAM J. JANKLOW
GOVERNOR

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1082 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 HB 1167 and returns the same with the recommendation that said bill be amended as follows:

o-1167c

On page 2 , line 1 of the House State Affairs committee engrossed bill , after " insurance. " insert " Cooperatives proposing to provide local exchange telephone service in a rural telephone company's service area may do so only in compliance with the procedures contained in section 251(f) of the Communication Act of 1934, as amended by the Telecommunications Act of 1996. "

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 HB 1272 and returns the same with the recommendation that said bill be amended as follows:

o-1272b

On page 1 , line 6 of the House engrossed bill , before " civil " insert " same " .

On page 1 , line 6 , delete " is made " and insert " arises " .

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 HB 1177 and returns the same with the recommendation that said bill be amended as follows:

o-1177

On page 2 of the printed bill , after line 11 , insert:

" Section 4. That chapter 49-30 be amended by adding thereto a NEW SECTION to read as follows:

Unless restricted by the articles of incorporation or bylaws, members of the board of directors or any committee designated by the board of directors may participate in a meeting of such board or committee by means of teleconference or similar communications equipment which allows all persons participating in the meeting to hear each other at the same time. Participation by a board or committee member in a teleconference constitutes presence in person at a meeting. "

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On page 1 , line 1 of the printed bill , before " and " insert " telephone corporations, " .

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 HCR 1006 and 1011 and returns the same with the recommendation that said resolutions be concurred in and be placed on Consent Calendar.

Respectfully submitted,
HAROLD W. HALVERSON , Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HCR 1005 and returns the same with the recommendation that said resolution be concurred in and be placed on the Consent Calendar.

Respectfully submitted,
JIM DUNN, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1071, 1183, and 1267 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
FRED WHITING, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1075 and returns the same with the recommendation that said bill be amended as follows:

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On page 1 , line 12 of the House engrossed bill , delete " determine funding for resident and nonresident students not " and insert " compute foundation aid and " .

On page 1 , delete line 13 .

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On page 4 , line 2 of the House engrossed bill , delete " include " and insert " define " .

On page 4 , line 2 , delete " size, " and insert " , grade level, and school building operated by the board and the pupil/teacher ratio. Discrimination based on race, gender, religious affiliation, or disability is prohibited. If two or more children from a family residing in the same household must enroll in different school districts as the result of a board's denial of an application to transfer from a resident district or to enroll in a nonresident district under the provisions of this Act, neither the resident board nor the nonresident board may deny the application. "

On page 4 , line 3 , delete everything before " The " .

On page 4 , line 6 , delete " 1-26D " and insert " 13-46 " .

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On page 3 , line 24 of the House engrossed bill , delete " hold a public hearing on the standards, adopt them " and insert " adopt standards " .

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On page 11 of the House engrossed bill , delete lines 18 to 24 , inclusive .

On page 12 , delete lines 1 to 4 , inclusive .

On page 14 , line 18 , delete " 23 " and insert " 22 " .

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On page 13 of the House engrossed bill , delete lines 12 to 17 , inclusive , and insert:

" Section 20. That § 13-28-24 be amended to read as follows:

13-28-24. Anyone who must personally pay tuition shall pay in advance the annual or monthly amount of tuition ~~following a decision on school residency made pursuant to § § 13-28-9 and 13-28-10~~ . If the student ceases to be a member of the school before the expiration of the term for which the tuition has been paid, the school board shall refund the unearned portion of the tuition upon the presentation of a proper voucher. "

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On page 5 , line 14 of the House engrossed bill , after " System, " insert " the Department of Corrections, " .

On page 5 , line 16 , overstrike " for more than thirty school days " .

On page 5 , line 21 , overstrike " for more than thirty " .

On page 5 , line 22 , overstrike " school days " .

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On page 11 of the House engrossed bill , remove the overstrikes from lines 8 to 11 , inclusive .

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On page 3 of the House Engrossed bill , delete lines 1 to 17 , inclusive , and insert:

" A student's parent or legal guardian who wishes to enroll the student, or an emancipated student who wishes to enroll, in a South Dakota school district other than the resident district under the provisions of this Act shall, not later than February first of the school year preceding the year of enrollment, apply to the school boards of the resident district and nonresident district, on triplicate forms provided by the Department of Education and Cultural Affairs, to enroll the student in a district other than the resident district.

By March first, the school board of the nonresident district in which the student wants to enroll shall approve or disapprove the application. The board of the nonresident district shall notify the applicant and the resident board of its decision within five days of the decision.

The nonresident district shall review the applications in the order received.

An application may be withdrawn by the applicant any time before March first upon notification of both school boards. Once approved by the nonresident board, the approved application serves as the applicant's notice of intent to enroll in the nonresident district during the next school year and obligates the student to attend school in the nonresident district during the next school year, unless the school boards of the resident and nonresident districts agree in writing to allow the student to transfer back to the resident district, or unless the parents, guardians, or emancipated student change residence to another district.

If a student's parents, or an emancipated student, move from a resident district into another district after February first, the parents or emancipated student may apply for enrollment in a nonresident district under provisions of this Act. In such a case, the school boards of both the new resident district and the nonresident district shall waive the application and approval dates outlined in this Act, and the nonresident district board shall review the application in a timely manner as outlined above. The applicant shall be informed of the nonresident board's decision within five days of the board's action on the application. Once enrolled " .

And that as so amended said bill do pass.

Respectfully submitted,
BARBARA EVERIST, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 146 and 148 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1044, 1081, 1215, 1227, 1242, and 1279 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1004 : A CONCURRENT RESOLUTION, Urging the federal government to require that imported meat be labeled to disclose its country of origin.

     Sen. Kloucek moved that HCR 1004 as found on page 237 of the House Journal be concurred in.

     The question being on Sen. Kloucek's motion that HCR 1004 be concurred in.

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

Excused were:
Lange; Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1259 as found on page 591 of the Senate Journal; also

     Judiciary on HB 1087 as found on page 591 of the Senate Journal; also

     Taxation on HB 1005 as found on page 576 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1108 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to soil erosion and sediment damage control.

Was read the second time.

     The question being "Shall HB 1108 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; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Paisley

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 1032 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the procedures used to impose an additional or excess tax levy for property tax purposes.

Was read the second time.

     The question being "Shall HB 1032 pass?"

     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; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Paisley

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 1078 : FOR AN ACT ENTITLED, An Act to allow a school board to request a levy in dollars per thousand dollars of taxable valuation to meet its budget.

Was read the second time.

     The question being "Shall HB 1078 pass?"

     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; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Paisley

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 1114 : FOR AN ACT ENTITLED, An Act to define certain property for property tax purposes.

Was read the second time.

     The question being "Shall HB 1114 pass?"

     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; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Paisley

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 1163 : FOR AN ACT ENTITLED, An Act to provide a provision allowing any regional railroad authority to opt out of the taxing authority provided pursuant to chapter 49- 17A.

Was read the second time.

     The question being "Shall HB 1163 pass?"

     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; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Paisley

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. Halverson moved that HB 1171 be referred from the Committee on State Affairs to the Committee on Taxation.

Which motion prevailed and the bill was so referred.

Sen. Shoener moved that HB 1264 be referred from the Committee on Commerce to the Committee on Transportation.

Which motion prevailed and the bill was so referred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1044 : FOR AN ACT ENTITLED, An Act to make an appropriation for certain higher education grant programs.

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

HB 1081 : FOR AN ACT ENTITLED, An Act to appropriate money for adult basic education programs.

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

HB 1215 : FOR AN ACT ENTITLED, An Act to provide for the appeal and resolution of certain zoning decisions.

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

HB 1227 : FOR AN ACT ENTITLED, An Act to establish the policy that will guide and direct the creation of a new advanced telecommunication infrastructure across South Dakota.

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

HB 1242 : FOR AN ACT ENTITLED, An Act to allow reciprocal interstate shipments of wine.

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

HB 1279 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation and the taxation of trust companies.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1096 : FOR AN ACT ENTITLED, An Act to reduce the term of office and revise the qualifications of notaries public.

Was read the second time.

Sen. Ham moved that HB 1096 be deferred until Tuesday, February 25, the 31st legislative day.

Which motion prevailed and the bill was so deferred.

HB 1147 : FOR AN ACT ENTITLED, An Act to provide for directed trusts.

Was read the second time.

     The question being "Shall HB 1147 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 1162 : FOR AN ACT ENTITLED, An Act to define the term, shall.

Was read the second time.

The question being "Shall HB 1162 pass?"

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; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Paisley

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 1085 : FOR AN ACT ENTITLED, An Act to clarify situations in which high school seniors are excused from school make up days and to declare an emergency.

Was read the second time.

     The question being "Shall HB 1085 pass?"

     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; Valandra; Vitter; Whiting

Excused were:
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.

HB 1093 : FOR AN ACT ENTITLED, An Act to clarify school average daily membership if tuition is waived.

Was read the second time.

The question being "Shall HB 1093 pass?"

     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.

HB 1143 : FOR AN ACT ENTITLED, An Act to require school boards to establish staff reduction and recall policies.

Was read the second time.

     The question being "Shall HB 1143 pass?"

     And the roll being called:

     Yeas 24, Nays 10, Excused 1, Absent and Not Voting 0

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

Nays were:
Aker; Benson; Daugaard; Drake; Frederick; Johnson (William); Kleven; Staggers; Thompson; Vitter

Excused were:
Dunn (Jim)

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.

HJR 1004 : A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 12 of the Constitution of the State of South Dakota, relating to legislative conflicts of interest.

Was read the second time.

Sen. Rounds moved that HJR 1004 be deferred until Tuesday, February 25, the 31st legislative day.

Which motion prevailed and the resolution was so deferred.

HB 1126 : FOR AN ACT ENTITLED, An Act to revise the definition of average daily membership in the state aid to education formula.

Was read the second time.

Sen. Paisley moved that HB 1126 be deferred until Thursday, February 27, the 33rd legislative day.

Which motion prevailed and the bill was so deferred.

HB 1150 : FOR AN ACT ENTITLED, An Act to repeal certain landfill disposal bans.

Was read the second time.

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Sen. Aker moved that HB 1150 be amended as follows:

On page 2 , line 2 of the Senate Local Government committee engrossed bill , before " corrugated " insert " any marketable " .

Which motion prevailed and HB 1150 was so amended.

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Sen. Aker moved that HB 1150 be amended as follows:

On page 2 , line 6 of the Senate Local Government committee engrossed bill , overstrike " if " and insert " no municipality or other political subdivision may adopt requirements that are more stringent than those set forth in subdivisions (1) to (6), inclusive, of this section. If " .

On page 2 , line 13 , after " evaluation. " insert " The term, marketable, means that a hauler receives compensation from a recycling facility in exchange for recyclable materials delivered to the recycling facility. "

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Sen. Kloucek moved as a substitute motion that HB 1150 be amended as follows:

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

Section 1. The owner of any livestock animals that are bred, farrowed, fed, or raised on a contractual basis on property not owned by the livestock owner is liable for any damage or pollution to the environment or the waters of the state resulting from such activity if the livestock owner is not a family farm as defined in § 47-9A-2, a family farm corporation as defined in § 47-9A-14, or an authorized farm corporation as defined in § 47-9A-15 and if the contract specifies design, construction, and operations standards that apply to the property or facilities where such activity occurs. This section does not exempt the owner of the property on which any livestock animals are bred, farrowed, fed, or raised from liability for such damage or pollution. "

Sen. Frederick requested a ruling of the chair regarding Sen. Kloucek's motion to amend HB 1150.

The President ruled that the amendment was not germane.

Sen. Flowers moved that HB 1150 with Sen. Aker's pending motion to amend be deferred until Tuesday, February 25, the 31st legislative day.

Which motion prevailed and the bill was so deferred.

HB 1101 : FOR AN ACT ENTITLED, An Act to provide the director of insurance rule- making authority to require proper disclosure and prohibit misrepresentation of life insurance policies.

Was read the second time.

The question being "Shall HB 1101 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; 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; Symens; Thompson; Vitter; Whiting

Excused were:
Frederick; 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.

HB 1103 : FOR AN ACT ENTITLED, An Act to permit the Animal Industry Board to keep reports of contagious disease confidential.

Was read the second time.

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Sen. Symens moved that HB 1103 be amended as follows:

On page 1 , line 8 of the printed bill , after " confidential " insert " , except for those reports concerning diseases that are specifically regulated for mandatory control and eradication to protect the public health, other livestock, or wildlife. "

Which motion prevailed and HB 1103 was so amended.

     The question being "Shall HB 1103 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; 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:
Hainje

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 1109 : FOR AN ACT ENTITLED, An Act to revise the minerals and materials that may be mined under a mining license, to revise certain cement plant reporting requirements, and to revise the requirements for signatures on certain cement plant leases and conveyances.

Was read the second time.

     The question being "Shall HB 1109 pass?"

     And the roll being called:

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

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

Excused were:
Dunn (Rebecca); 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 1280 : FOR AN ACT ENTITLED, An Act to amend House Bill 1043 as previously enacted by adding an emergency clause and to declare an emergency.

Was read the second time.

     The question being "Shall HB 1280 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

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.

     The question being "Shall HJR 1001 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 5, 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; Johnson (William); Kleven; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Flowers; Hunhoff; Hutmacher; Kloucek; Lange

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

HB 1048 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the property and casualty Insurance Guaranty Association.

Was read the second time.

     The question being "Shall HB 1048 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; 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; Symens; Thompson; Vitter; Whiting

Nays were:
Staggers

Excused were:
Frederick; 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.

HB 1070 : FOR AN ACT ENTITLED, An Act to require payment of sales commissions after termination of employment.

Was read the second time.

j-1070c

Sen. Aker moved that HB 1070 be amended as follows:

On page 1 , line 13 of the Senate Commerce committee engrossed bill , delete " contract " and insert " sales transaction " .

On page 2, line 2, after "insurance" insert "or real estate".

On page 2, line 2, delete "pursuant to Title 58".

    Sen. Kloucek moved that HB 1070 be placed to follow HB 1188 on today's calendar.

     Which motion lost.

j-1070d

Sen. Kloucek moved that HB 1070 be amended as follows:

On page 2 , line 2 of the Senate Commerce committee engrossed bill , delete " or advertising sales commissions " .

Sen. Drake moved that HB 1070 and the pending motions to amend be laid on the table.

The question being on Sen. Drake's motion that HB 1070 and the pending motions to amend be laid on the table.

    And the roll being called:

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

     Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Halverson; Hunhoff; Johnson (William); Kleven; Munson (David); Rounds; Thompson; Whiting

Nays were:
Aker; Dennert; Frederick; Hainje; Ham; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Olson; Paisley; Reedy; Shoener; Staggers; Symens; Valandra; Vitter

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

Sen. Thompson moved that Sen. Kloucek's motion to amend HB 1070 be laid on the table.

Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Thompson's motion that Sen. Kloucek's motion to amend HB 1070 be laid on the table.

     And the roll being called:

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

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

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

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Kloucek's motion to amend HB 1070 was laid on the table.

The question now being on Sen. Aker's motion to amend HB 1070.

Which motion prevailed and the bill was so amended.

     Sen. Drake moved that HB 1070 be deferred until the 41st legislative day.

    The question being on Sen. Drake's motion that HB 1070 be deferred to the 41st legislative day.

And the roll being called:

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

Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Thompson; Valandra; Whiting

Nays were:
Aker; Dennert; Hainje; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Shoener; Staggers; Symens; Vitter

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the bill was deferred to the 41st legislative day.

HJR 1009 : A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article IX of the Constitution of the State of South Dakota, relating to the organization of local government.

Was read the second time.

Sen. Rounds moved that HJR 1009 be deferred until Wednesday, February 26, the 32nd legislative day.

Which motion prevailed and the resolution was so deferred.

HB 1188 : FOR AN ACT ENTITLED, An Act to repeal the provisions concerning a candidate's support of congressional term limits.

Was read the second time.

Sen. Drake moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1188 pass?"

     And the roll being called:

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

     Yeas were:
Benson; Brown (Arnold); Dunn (Jim); Everist; Flowers; Halverson; Ham; Hutmacher; Johnson (William); Kloucek; Lange; Munson (David); Rounds; Shoener

Nays were:
Aker; Albers; Daugaard; Dennert; Drake; Dunn (Rebecca); Frederick; Hainje; Hunhoff; Kleven; Lawler; Olson; Paisley; Reedy; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Morford-Burg

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

Sen. Hutmacher announced his intention to reconsider the vote by which HB 1188 lost.

HB 1205 : FOR AN ACT ENTITLED, An Act to increase the expense allowance of legislators.

Was read the second time.

Sen. Lange moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1205 pass?"

     And the roll being called:

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

     Yeas were:
Benson; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Johnson (William); Lange; Lawler; Olson; Reedy; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Aker; Albers; Daugaard; Dunn (Jim); Frederick; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Munson (David); Paisley; Rounds; Staggers

Excused were:
Morford-Burg

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. Paisley announced his intention to reconsider the vote by which HB 1205 passed.

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 second time.

Sen. Halverson moved that HB 1223 be deferred until Wednesday, February 26, the 32nd legislative day.

Which motion prevailed and the bill was so deferred.

HB 1274 : FOR AN ACT ENTITLED, An Act to assess the costs of rescue against vehicle operators who fail to heed a notice of the temporary restriction or closing of a state trunk highway.

Was read the second time.

     The question being "Shall HB 1274 pass?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent and Not Voting 0

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

Nays were:
Hainje

Excused were:
Frederick; Lange; Morford-Burg

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 1002 : FOR AN ACT ENTITLED, An Act to revise certain provisions related to the registration of canceled livestock brands.

Was read the second time.

The question being "Shall HB 1002 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

Excused were:
Frederick; Halverson; Morford-Burg

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 1010 : FOR AN ACT ENTITLED, An Act to revise the definitions of real and personal property.

Was read the second time.

     The question being "Shall HB 1010 pass?"

     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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Morford-Burg

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 1164 : FOR AN ACT ENTITLED, An Act to authorize sanctions for inmate abuse of the court system and to require inmate financial responsibility for costs incurred from the court actions.

Was read the second time.

o-1164a

Sen. Flowers moved that HB 1164 be amended as follows:

On page 2 of the House engrossed bill , after line 15 , insert:

" Section 4. If a court finds that an inmate or prisoner has acted in a manner specified by the provisions of section 1 of this Act in a county or regional jail, the court shall order the inmate or prisoner plaintiff to pay the costs incurred by the person or the county in defending the cause of action, including reasonable attorney's fees. "

Which motion prevailed and HB 1164 was so amended.

     The question being "Shall HB 1164 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Morford-Burg

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 1170 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding shoplifting.

Was read the second time.

The question being "Shall HB 1170 pass?"

And the roll being called:

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

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

Nays were:
Drake; Johnson (William)

Excused were:
Aker; Morford-Burg; Paisley

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.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 57 was lost on second reading and final passage.

Respectfully,
KAREN GERDES, Chief Clerk

SIGNING OF BILLS

     The President publicly read the title to

     HB 1058: FOR AN ACT ENTITLED, An Act to authorize certain production of malt beverage and wine for personal or family use.

     HB 1067: FOR AN ACT ENTITLED, An Act to revise the period of time a bank is allowed to hold overdrafts as an asset.

     HB 1117: FOR AN ACT ENTITLED, An Act to authorize a county to create a depreciation reserve for capital acquisitions.

     And signed the same in the presence of the Senate.

Sen. Everist moved that the Senate do now adjourn, which motion prevailed, and at 5:47 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary