JOURNAL OF THE SENATE

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THIRTY-SECOND DAY

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STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 26, 1997

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

     The prayer was offered by the Chaplain, Pastor Richard Teller, followed by the Pledge of Allegiance led by Senate page Austin Kaus.

     Roll Call: All members present.

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-first 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.

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     The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 157 as found on page 622 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of SB 157 be approved?"

     And the roll being called:

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

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

     Nays were:
Morford-Burg; Olson

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

February 25, 1997

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 37, 39, 104, 107, 111, 153, 192, and 207, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
WILLIAM J. JANKLOW
GOVERNOR

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MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 59, 90, 92, 125, 127, 150, 155, 163, 190, and 232 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 37, 39, 104, 107, 111, 153, 157, 192, and 207 were delivered to his Excellency, the Governor, for his approval at 2:20 p.m., February 20, 1997.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 89, 141, and 204 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., February 26, 1997.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1180 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1017 which was deferred to the 41st legislative day.

Respectfully submitted,
ALAN AKER, Chair

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Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1171 which was deferred to the 41st legislative day.

Respectfully submitted,
KEITH PAISLEY, Chair

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1088 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
JIM DUNN, Chair

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1206, 1213, and 1233 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1277 and returns the same with the recommendation that said bill be amended as follows:

o-1277

     On page 5 , line 11 of the House engrossed bill , delete " twenty-five " and insert " one hundred " .

     And that as so amended said bill do pass.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1196 and returns the same with the recommendation that said bill do pass.

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Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1077, 1179, and 1209 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 Education respectfully reports that it has had under consideration HB 1152 which was deferred to the 41st legislative day.

Respectfully submitted,
BARBARA EVERIST, Chair

MADAM PRESIDENT:

    I have the honor to return herewith SB 124, 142, 182, 196, 221, and 223 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 205 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1046 and has appointed Reps. Richard Brown, de Hueck, and Fischer-Clemens as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     The President appointed as such committee Sens. Everist, Halverson, and Olson.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1035 and has appointed Reps. Napoli, Matthews, and Haley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

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     The President appointed as such committee Sens. Shoener, Halverson, and Flowers.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 43, 63, 101, 116, 145, 152, 156, and 194 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

     Yesterday, Sen. Staggers announced his intention to reconsider the vote by which HB 1150 lost.

     Sen. Staggers moved to reconsider the vote by which HB 1150 with Sen. Aker's pending motion to amend was lost.

     The question being on Sen. Staggers' motion to reconsider the vote by which HB 1150 was lost.

    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 (Rebecca); Everist; Flowers; Frederick; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy; Rounds; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Nays were:
Dunn (Jim); Hainje; Halverson; Paisley; Shoener

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1150 was up for reconsideration and final passage.

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

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

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     The question being on Sen. Aker's pending motion that HB 1150 be amended as found on page 607 of the Senate Journal.

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

     On page 1 , line 14 of the Senate Local Government committee engrossed bill , delete " all any marketable " and insert " all " .

     On page 2 , line 1 , delete " all any marketable " and insert " all " .

     On page 2 , line 3 , delete " all any marketable " and insert " all " .

     On page 2 , line 13 , after " evaluation. " insert " If the price that is to be charged to any solid waste hauler by a recycling facility to accept any materials that are prohibited from being landfilled under subdivisions (4), (5), or (6) of this section exceeds the price that would be charged to the hauler to dispose of solid waste at the landfill nearest to the recycling facility, the materials may, at the hauler's discretion, be disposed of at the landfill regardless of the landfill waste reduction targets established in this section and regardless of whether the governing body has exempted itself from any of the waste reduction targets. "

    Sen. Staggers moved the previous question.

    Which motion prevailed.

     Sen. Paisley requested a roll call vote.

    Which request was supported.

    The question being on Symens' substitute motion that HB 1150 be amended.

    And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0

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

     Nays were:
Albers; Dunn (Jim); Hainje; Paisley; Shoener; Whiting

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and HB 1150 was so amended.

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     Sen. Aker moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1150 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent and Not Voting 0

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

     Nays were:
Albers; Brown (Arnold); Dunn (Jim); Hainje; Lawler; Paisley; Shoener

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

     Sen. Whiting moved that the Senate do concur in the House amendments to SB 54.

     The question being on Sen. Whiting's motion that the Senate do concur in House amendments to SB 54.

    And the roll being called:

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

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

     Excused were:
Benson; Staggers

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

     Sen. Jim Dunn moved that the Senate do concur in the House amendments to SB 77.

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    The question being on Sen. Jim Dunn's motion that the Senate do concur in House amendments to SB 77.

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

     Nays were:
Staggers

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Whiting moved that the Senate do concur in the House amendments to SB 86.

    The question being on Sen. Whiting's motion that the Senate do concur in House amendments to SB 86.

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Everist moved that the Senate do not concur in House amendments to SB 99 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Everist, Albers, and Olson.

     Sen. Whiting moved that the Senate do concur in the House amendments to SB 122.

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    The question being on Sen. Whiting's motion that the Senate do concur in House amendments to SB 122.

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Halverson moved that the Senate do concur in the House amendments to SB 162.

    The question being on Sen. Halverson's motion that the Senate do concur in House amendments to SB 162.

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

     Nays were:
Staggers

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

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

     Commerce on HB 1022 as found on page 624 of the Senate Journal; also

     Agriculture & Natural Resources on HB 1261 as found on page 625 of the Senate Journal; also

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     Agriculture & Natural Resources on HB 1199 as found on page 625 of the Senate Journal; also

     Commerce on HB 1245 as found on page 624 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

    Sen. Frederick moved that the report of the Standing Committee on Appropriations on HB 1262 as found on page 623 of the Senate Journal be amended as follows:

d-1262a

     On page 623 , line 9 of the Senate Journal , after "bill," insert "delete everything".

     On page 623, line 9, after "purpose" insert "and".

    Which motion prevailed and the report was so amended.    

     Sen. Drake requested that HB 1204 be removed from the Consent Calendar.

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

     Was read the second time.

     The question being "Shall HB 1177 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

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     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 1155   :   FOR AN ACT ENTITLED, An Act   to revise the requirement that certain inactive employers establish new unemployment compensation experience-rating accounts.

     Was read the second time.

     The question being "Shall HB 1155 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 1165   :   FOR AN ACT ENTITLED, An Act   to provide for the powers and authority of the Board of Economic Development to make loans and administer certain provisions regarding economic development.

     Was read the second time.

     The question being "Shall HB 1165 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

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     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 1182   :   FOR AN ACT ENTITLED, An Act   to revise the places where vending machines selling tobacco products may be located.

     Was read the second time.

     The question being "Shall HB 1182 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 1185   :   FOR AN ACT ENTITLED, An Act   to allow banks to purchase fractional shares of common stock for the purpose of canceling the fractional shares.

     Was read the second time.

     The question being "Shall HB 1185 pass?"

     And the roll being called:

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     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 1192   :   FOR AN ACT ENTITLED, An Act   to exempt certain communications and computer technologies and equipment from bidding requirements.

     Was read the second time.

     The question being "Shall HB 1192 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 1207   :   FOR AN ACT ENTITLED, An Act   to allow certain malt beverage manufacturers to serve wine for consumption on their premises.

     Was read the second time.

     The question being "Shall HB 1207 pass?"

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     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 1265   :   FOR AN ACT ENTITLED, An Act   to direct the Bureau of Personnel to analyze the financial feasibility of, and if found to be feasible, design a medical savings account program as an additional health coverage option for enrollees of the public employee group health insurance plan.

     Was read the second time.

     The question being "Shall HB 1265 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 1269   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions of the uniform commercial code.

     Was read the second time.

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     The question being "Shall HB 1269 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 1278   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to the crime victims' compensation program.

     Was read the second time.

     The question being "Shall HB 1278 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 1159   :   FOR AN ACT ENTITLED, An Act   to authorize the towing of certain anhydrous ammonia fertilizer tanks in combination.

     Was read the second time.

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     The question being "Shall HB 1159 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.

     Sen. Rounds moved that HB 1075 be immediately considered.

     Which motion prevailed and HB 1075 was up for immediate consideration.

     HB 1075   :   FOR AN ACT ENTITLED, An Act   to provide for statewide open enrollment of students in public school districts in which they do not reside.

     Was read the second time.

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     Sen. Hunhoff moved that HB 1075 be amended as follows:

     On page 2 , line 4 of the Senate Education committee engrossed bill , after " Act. " insert " In determining whether to accept or reject a request for a transfer out of the district that exceeds a two-percent reduction in total enrollment, the district shall rely on criteria established by the district pursuant to section 5 of this Act. However, any such resident district at its discretion may elect to exceed the two percent limit. " .

     On page 3 , line 6 , delete " board of the " and insert " boards of the resident district and the " .

     On page 3 , line 7 , delete " board of the " and insert " boards of the resident district and the " .

     On page 3 , line 8 , after " board " insert " , if applicable, " .

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     On page 3 , line 9 , delete " nonresident district " and insert " districts " .

     On page 3 , line 11 , after " by the " insert " resident board and the " .

     On page 3 , line 21 , delete " nonresident district board " and insert " district boards " .

     On page 3 , line 22 , delete " nonresident board's decision " and insert " resident and nonresident board decisions " .

     On page 3 , line 23 , delete " board's " and insert " boards' " .

    Sen. Thompson moved the previous question.

    Which motion prevailed.

    Sen. Morford-Burg requested a roll call vote

    Which request was supported.

    The question being on Sen. Hunhoff's motion that HB 1075 be amended.
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     And the roll being called:

     Yeas 12, Nays 23, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Dennert; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Morford-Burg; Olson; Reedy; Symens; Valandra

     Nays were:
Aker; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Lawler; Munson (David); Paisley; 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.

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     Sen. Kloucek moved that HB 1075 be amended as follows:

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

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"      Section  1.  The Executive Board of the Legislative Research Council shall appoint an interim study committee to conduct a thorough review of the characteristics, advantages, disadvantages, and implementation procedures and requirements of programs for the open enrollment of students in school districts in which they do not reside. The committee shall report its findings and recommendations to the 1998 Legislature. "

     Sen. Halverson moved that Sen. Kloucek's motion to amend HB 1075 be laid on the table.

    Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Halverson's motion that Sen. Kloucek's motion to amend HB 1075 be laid on the table.

     And the roll being called:

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

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

     Nays were:
Albers; Brown (Arnold); Drake; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Morford-Burg; Olson; Reedy; 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 1075 was laid on the table.

m-1075

     Sen. Hunhoff moved that HB 1075 be amended as follows:

     On page 1 , line 7 of the Senate Education committee engrossed bill , delete " in " .

     On page 1 , line 8 , delete " which the student does not reside " .

    Sen. Hunhoff requested a roll call vote.

    Which request was supported.

    The question being on Sen. Hunhoff's motion that HB 1075 be amended.

---

     And the roll being called:

     Yeas 22, Nays 11, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Daugaard; Dennert; Drake; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy; Staggers; Symens; Valandra; Vitter

     Nays were:
Brown (Arnold); Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Paisley; Rounds; Shoener; Whiting

     Excused were:
Aker; Thompson

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1075 was so amended.

     Sen. Lawler moved the previous question.

     Which motion prevailed.

     The question now being "Shall HB 1075 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0

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

     Nays were:
Albers; Drake; Flowers; Hutmacher; Kloucek; Reedy; Symens

     Excused were:
Olson

     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.

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     Sen. Rounds moved that the title to HB 1075 be amended as follows:

     On page 1 , line 2 of the Senate Education committee engrossed bill , delete " in which they do not reside " .

     Which motion prevailed and the title was so amended.

     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.

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

     Sen. Rounds moved that HJR 1009 be deferred until Thursday, February 27, the 33rd legislative day.

     Which motion prevailed and the resolution was so deferred.

     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.

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

     The question being "Shall HB 1223 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 1089   :   FOR AN ACT ENTITLED, An Act   to require a temporary permit and fee for motorcycles and trailers to be displayed at certain events.

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

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f-1089e

     Sen. Flowers moved that HB 1089 be amended as follows:

     On page 1 , line 9 of the House engrossed bill , after " hundred " insert " twenty-five " .

     On page 2 , line 1 , delete " one hundred twenty-five " and insert " fifty " .

     On page 2 , after line 1 , insert:

"      Section 3. Any person may sell trailers at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue at least five days before the event. Before issuance of a permit, the applicant must provide proof they are a licensed dealer in their own state and have no outstanding dealer violations. The permit will only be issued if the trailers being sold are not franchised in this state. The person shall pay a fee of one hundred fifty dollars for a ten-day temporary permit.

     Section 4. Any person may sell motorcycles at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue at least five days before the event. Before issuance of a permit, the applicant must provide proof they are a licensed dealer in their own state and have no outstanding dealer violations. The permit will only be issued if the motorcycles being sold are not franchised in this state. The person shall pay a fee of two hundred dollars for a ten-day temporary permit. "

    Sen. Thompson requested a roll call vote.

    Which request was not supported.

     The question being on Sen. Flowers' motion that HB 1089 be amended.

     Which motion prevailed and HB 1089 was so amended.

     The question now being "Shall HB 1089 pass as amended?"

     And the roll being called:

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

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

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     Excused were:
Aker

     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 1167   :   FOR AN ACT ENTITLED, An Act   to revise the purposes for which rural electric cooperatives may be organized.

     Was read the second time.

     The question being "Shall HB 1167 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Halverson; 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; Ham

     Excused were:
Aker

     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 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 second time.

     The question being "Shall HB 1272 pass as amended?"

     And the roll being called:

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     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; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     Excused were:
Shoener

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

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

     Was read the second time.

z-1045

     Sen. Rebecca Dunn moved that HB 1045 be amended as follows:

     On page 1 , line 4 of the printed bill , delete " four hundred " and insert " seven hundred thirty-four thousand six hundred forty dollars ($734,640) " .

     On page 1 , line 5 , delete " seventy-seven thousand four hundred seventy-nine dollars ($477,479) " .

     On page 1 , after line 11 , insert:

"      Section  2.  That § 13-55F-1 be amended to read as follows:

     13-55F-1.   There is established the Mickelson Scholars Program to be administered by the Board of Regents, which is hereby authorized to establish such policies and procedures as it deems necessary to carry out the purposes of this program. However, the Board of Regents may not award any Mickelson scholarships to any student who graduates from high school after Spring 1995. The purpose of the program is to encourage South Dakota's most academically accomplished high school graduates to remain in the state South Dakota for their postsecondary education and to contribute to the economic development of the state. "

    Sen. Lange requested a roll call vote.

    Which request was supported.

    The question being on Sen. Rebecca Dunn's motion that HB 1045 be amended.

---

     And the roll being called:

     Yeas 14, Nays 19, Excused 2, 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; Whiting

     Excused were:
Munson (David); Vitter

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

     The question being "Shall HB 1045 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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

     Excused were:
Munson (David); Vitter

     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 1145   :   FOR AN ACT ENTITLED, An Act   to revise the list of projects included in a special appropriation to the State Fair.

     Was read the second time.

     The question being "Shall HB 1145 pass?"

     And the roll being called:

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     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; Valandra; Whiting

     Nays were:
Drake

     Excused were:
Vitter

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

     Was read the second time.

     The question being "Shall HB 1146 pass?"

     And the roll being called:

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

     Yeas were:
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; Symens; Thompson; Valandra; Vitter; Whiting

     Nays were:
Aker; Albers; Staggers

     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 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 second time.

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     The question being "Shall HB 1263 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; 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

     Nays 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 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 second time.

t-1158h

     Sen. Kloucek moved that HB 1158 be amended as follows:

     On page 2 of the House engrossed bill , after line 21 , insert:

"

     Section 2. 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. Rounds moved that Sen. Kloucek's motion to amend HB 1158 be laid on the table.

    Sen. Kloucek requested a roll call vote.

     Which request was supported.

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    The question being on Sen. Rounds' motion that Sen. Kloucek's motion to amend HB 1158 be laid on the table.

     And the roll being called:

     Yeas 20, Nays 11, Excused 4, Absent and Not Voting 0

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

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

     Excused were:
Dennert; Flowers; Kleven; Thompson

     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 1158 was laid on the table.

r-1158b

     Sen. Daugaard moved that HB 1158 be amended as follows:

     On page 2 of the House engrossed bill , after line 21 , insert:

"     Section 2. In any concentrated animal feeding operation of one thousand animal units or more, 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 jointly and severally liable for any negligently caused damage or pollution to 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. "

r-1158c

     Sen. Everist moved as a substitute motion that HB 1158 be amended as follows:

     On page 2 of the House engrossed bill , after line 21 , insert:

---

"     Section 2. In any concentrated animal feeding operation of one thousand animal units or more, 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 jointly and severally liable for any negligently caused damage or pollution to the waters of the state. "

    Sen. Whiting moved the previous question.

    Which motion prevailed.

    
     The question being on Sen. Everist's substitute motion that HB 1158 be amended.

     Which motion prevailed and HB 1158 was so amended.

     The question now being "Shall HB 1158 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0

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

     Nays were:
Aker; Albers; Frederick; Hainje; Johnson (William); Staggers; Vitter

     Excused were:
Thompson

     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. Rounds moved that the title to HB 1158 be amended as follows:

     On page 1 , line 1 of the House engrossed bill , after " certain " delete " hog " .

     On page 1 , line 2 , after " Dakota " insert " and place liability " .

     Which motion prevailed and the title was so amended.

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     HB 1229   :   FOR AN ACT ENTITLED, An Act   to make certain livestock operations subject to certain environmental fees.

     Was read the second time.

     The question being "Shall HB 1229 pass?"

     And the roll being called:

     Yeas 26, Nays 6, Excused 3, Absent and Not Voting 0

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

     Nays were:
Aker; Benson; Drake; Dunn (Jim); Johnson (William); Staggers

     Excused were:
Frederick; Thompson; Vitter

     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.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1164 and has appointed Reps. Jorgensen, de Hueck, and Moore as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     The President appointed as such committee Sens. Whiting, Drake, and Lawler.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1102 and has appointed Reps. Hagg, Crisp, and Schaunaman as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

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     The President appointed as such committee Sens. Everist, Albers, and Hunhoff.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 230 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 160 was tabled.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1048, 1103, 1108, and HJR 1001.

Respectfully,
KAREN GERDES, Chief Clerk

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

     SCR 5   Introduced by:  Senators Aker, Albers, Hutmacher, Kloucek, Reedy, and Vitter and Representatives Diedrich, Jaspers, Kooistra, Pummel, and Smidt

A CONCURRENT RESOLUTION,  Urging the annual observation of Arbor Day.

     WHEREAS,  naturally-occurring forests are rare in the State of South Dakota; and

     WHEREAS,  forests and trees provide many benefits, including cover and habitat for animals, pleasant scenery, protection from winds, protection from soil erosion, protection from the heat of summer, and valuable forest products which help keep housing affordable and provide timber harvesting jobs and raw materials for other industries; and

     WHEREAS,  many of the windbreaks and tree stands in South Dakota contain mature and dying trees; and

     WHEREAS,  the floods of the past years have resulted in high standing water in parts of the state which has killed many groves of trees; and

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     WHEREAS,  South Dakota's trees need to be replaced on an ongoing basis as they die from any cause:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature requests that the last Friday in April of each year be observed in South Dakota as Arbor Day, and that on this day and throughout the year, schools, civic organizations, and all citizens are urged to plant and properly care for trees, shrubs, and other woody plants.

     Was read the first time and the President waived the committee referral.

     The President publicly read the title to

     SB 59: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the elimination of railroad crossings.

     SB 90: FOR AN ACT ENTITLED, An Act  to provide for jury districts.

     SB 92: FOR AN ACT ENTITLED, An Act  to increase certain fees for a clerk of court records search.

     SB 125: FOR AN ACT ENTITLED, An Act  to revise the membership of the commission on uniform legislation.

     SB 127: FOR AN ACT ENTITLED, An Act  to revise the eligibility for workers compensation to any person providing voluntary services to a fire department, ambulance service, or rescue squad and to declare an emergency.

     SB 150: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to a commercial driver's instruction permit and to clarify the issuance of a commercial driver's license work permit.

     SB 155: FOR AN ACT ENTITLED, An Act  to revise the responsibilities of counties providing for prisoner care and the liability of prisoners for reimbursing the county for costs incurred.

     SB 163: FOR AN ACT ENTITLED, An Act  to authorize certain counties to issue one additional on-sale liquor license under certain conditions.

     SB 190: FOR AN ACT ENTITLED, An Act  to provide legislative approval of certain operations of the Sioux Falls/Regional Sanitary Landfill.

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     SB 232: FOR AN ACT ENTITLED, An Act  to impose a fee on certain wireless communications devices to support telecommunications services for the deaf and for persons with other disabilities.

     HB 1038: FOR AN ACT ENTITLED, An Act  to repeal certain reporting requirements of workers' compensation insurance carriers.

     HB 1047: FOR AN ACT ENTITLED, An Act  to require property and casualty and health insurers to file actuarial opinions in accordance with the National Association of Insurance Commissioners Annual Statement Instructions.

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

     HB 1079: FOR AN ACT ENTITLED, An Act  to repeal requirements for health care providers to report capital expenditures in excess of one hundred thousand dollars.

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

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

     HB 1097: FOR AN ACT ENTITLED, An Act  to return unemployment compensation experience-rating accounts to sellers in certain contract for deed transactions.

     HB 1112: FOR AN ACT ENTITLED, An Act  to repeal and revise certain provisions regarding the denial, cancellation, suspension, and revocation of a driver license.

     HB 1125: FOR AN ACT ENTITLED, An Act  to authorize the Gaming Commission to authorize variations of blackjack and poker in Deadwood.

     HB 1148: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to public deposits.

     HB 1153: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the sale of interment space in perpetual care cemeteries.

     HB 1178: FOR AN ACT ENTITLED, An Act  to make persons who fail to develop certain erosion and sediment control plans ineligible for certain state financial assistance.

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

     And signed the same in the presence of the Senate.

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     SC 10   Introduced by:  Senators Thompson, 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, Valandra, and Whiting and Representative Gabriel

A LEGISLATIVE COMMEMORATION,  Commending the achievements of the Casey Tibbs     South Dakota Rodeo Center.

     WHEREAS,  Casey Tibbs was born near Fort Pierre, South Dakota, and went on to become the greatest pro rodeo cowboy of all time, winning nine world championships, and becoming famous throughout the world; and

     WHEREAS,  rodeo has its origins in South Dakota's agricultural and livestock industries, and the sport continues to have an economic and tourist impact on communities statewide; and

     WHEREAS,  South Dakota pro rodeo cowboys have won more than thirty world titles in a legacy that started with Casey Tibbs and Earl Thode, the first-ever world all-around champion, and has continued throughout the years involving men and women from all aspects of ranching and rodeo life; and

     WHEREAS,  the Casey Tibbs South Dakota Rodeo Center will honor rodeo cowboys and cowgirls, high school and college rodeo participants, members of such groups as 4-H, Little Britches, Great Plains Indian Association and South Dakota Rodeo Association, Professional Rodeo Cowboy Association, stock contractors, rodeo entertainers, and the ranch cowboys who work the land; and

     WHEREAS,  the Casey Tibbs South Dakota Rodeo Center will be the only one of its kind in the nation and will honor a unique group of people who have helped shape South Dakota's past, present, and future; and

     WHEREAS,  the purpose of the Casey Tibbs South Dakota Rodeo Center is to preserve the heritage of rodeo and the western culture of South Dakota while also promoting athletic and educational activities and opportunities for both the young people and adult citizens of this state:

    

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-second Legislature of the State of South Dakota, that the Casey Tibbs South Dakota Rodeo Center be declared the Official Rodeo Center for South Dakota.


     Sen. Vitter moved that the Senate do now adjourn, which motion prevailed, and at 6:40 p.m. the Senate adjourned.