Senate Journal 03/06/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

THIRTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
March 6, 1997

     The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Rhonda Wellsandt-Zell, followed by the Pledge of Allegiance led by Senate page Christopher Cluts.

     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 thirty-seventh day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

HAROLD W. HALVERSON, Chair

Which motion prevailed and the report was adopted.

SIGNING OF BILLS

The President publicly read the title to

HB 1075: FOR AN ACT ENTITLED, An Act to provide for statewide open enrollment of students in public school districts.

    HB 1102 : FOR AN ACT ENTITLED, An Act to authorize additional off-sale retail liquor licenses in certain municipalities of the first class, to provide certain restrictions for off-sale licensees, and to allow municipalities and counties to provide restrictions on off-sale licensees.

     HB 1135: FOR AN ACT ENTITLED, An Act to revise the definition for single-family occupied dwelling.

     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.

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

     HB 1273: FOR AN ACT ENTITLED, An Act to authorize agents or employees of the Department of Transportation to issue citations for certain motor vehicle violations.

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

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

     And signed the same in the presence of the Senate.

Sen. Everist moved that the Senate do now recess until 11:00 a.m., which motion prevailed and at 10:35 a.m., the Senate recessed.

RECESS

The Senate reconvened at 11:00 a.m., President Pro tempore Halverson presiding.

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 4: Introduced by: Senators Aker, Albers, Benson, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebbeca), 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, and Whiting

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy- second Legislature of the State of South Dakota to Christina Barth, Angela Brengle, Christopher Cluts, Tara Creighton, Nancy Gilbertson, Ellery Grey, Austin Kaus, Lillika Liikala, Lacey Livermont, and Camie Miller

WHEREAS, the above named served loyally as pages for the Senate of the Seventy-second Legislature for nine consecutive days; and

WHEREAS, the members of the Seventy-second Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, that a personal copy of this resolution be duly certified and furnished to each on their last day of service.

     Sen. Rounds moved that Senate Page Resolution 4 be adopted.

     The question being on Sen. Rounds' motion that Senate Page Resolution 4 be adopted.

     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 Senate Page Resolution 4 was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 13, 15, 42, 44, 72, 99, 102, 103, 112, 121, 156, 168, 178, 194, 209, 245, 254, and 266 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

CONSIDERATION OF REPORTS OF SELECT COMMITTEES

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 100 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,    Respectfully submitted,
ROGER W. HUNT    BARBARA EVERIST
DON BROSZ    DENNIS DAUGAARD
RON J. VOLESKY    MEL OLSON
House Committee    Senate Committee

Sen. Everist moved that the report of the Conference Committee on SB 100 be adopted.

     The question being on Sen. Everist's motion that the report of the Conference Committee on SB 100 be adopted.

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

Nays were:
Dunn (Rebecca)

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

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1245 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1245 be amended as follows:

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

On page 1 , line 9 , delete " , sublessee, successor, or assign, " .

On page 1 , line 12 , delete " , operator, lessor, or sublessor " .

On page 1 , line 12 , delete " facility, " and insert " facility; " .

On page 1 , delete lines 13 and 14 .

On page 1 , line 15 , delete " not affixed to land " .

On page 2 , line 1 , after " items " insert " stored in a self-service storage facility " .

On page 2 , line 7 , delete " No occupant may " .

On page 2 , delete lines 8 to 13 , inclusive .

On page 2 , line 14 , delete " and the owner's heirs, personal " .

On page 2 , line 15 , delete " representatives, successors, and assigns have " and insert " has " .

On page 2 , line 19 , delete " personal property is brought to the self-service storage facility. The " and insert " occupant defaults on the rental agreement. Any " .

On page 2 , line 20 , after " Act " insert " , which is recorded pursuant to chapter 44-2, " .

On page 2 , line 21 , delete " before the date of attachment of the lien hereunder " and insert " earlier " .

On page 3 , line 13 , delete " , or a designated agent, " .

On page 3 , delete lines 21 to 23 , inclusive .

On page 3 , line 24 , delete " (5) " and insert " (4) " .

On page 4 , delete lines 11 to 15 , inclusive , and insert " publication;

(5) If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten days before the date of the sale or other disposition in not less than six conspicuous places in the neighborhood where the self-service storage facility is located; " .

On page 4 , line 19 , delete " , " .

On page 5 , line 12 , delete " without further recourse by " and insert " and " .

On page 5 , line 12 , after " occupant " insert " has no further recourse " .

On page 5 , delete lines 13 to 15 , inclusive , and insert:

" Section 4. No occupant may use a self-service storage facility for residential purposes.

Section 5. A self-service storage facility is not a public warehouse or public storage warehouse as defined in chapter 49-42 or 49-42A. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of chapters 49-42 and 49-42A and the provisions of this Act do not apply. "

On page 5 , line 17 , delete everything after " . "

On page 5 , delete line 18 .

Respectfully submitted,    Respectfully submitted,
MITCH RICHTER    JIM DUNN
ROGER W. HUNT    DAVID R. MUNSON
    CHARLES E. FLOWERS
House Committee    Senate Committee

     Sen. Jim Dunn moved that the report of the Conference Committee on HB 1245 be adopted.

     The question being on Sen. Jim Dunn's motion that the report of the Conference Committee on HB 1245 be adopted.

     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 report was adopted.

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1138 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1138 be amended as follows:

On page 2 of the Senate engrossed bill , delete lines 14 to 24 , inclusive .

On page 3 , delete lines 1 to 3 , inclusive .

On page 3 , line 8 , delete " , or an intermediate driver's permit " .

On page 3 , line 11 , remove the overstrikes from " ~~sixteenth~~ " .

On page 3 , line 11 , delete " eighteenth " .

On page 3 , line 16 , remove the overstrikes from " ~~sixteenth~~ " .

On page 3 , line 16 , delete " eighteenth " .

On page 3 , line 20 , delete " eighteenth " and insert " sixteenth " .

On page 3 , line 22 , before " minor's " delete " , " and insert " or " .

On page 3 , line 22 , delete " , or intermediate driver's permit " .

On page 3 , line 23 , remove the overstrikes from " ~~sixteenth~~ " .

On page 3 , line 23 , delete " eighteenth " .

On page 4 , line 1 , delete " , " .

On page 4 , line 2 , delete " an intermediate driver's permit, " .

On page 4 , line 4 , delete " an intermediate driver's permit, " .

On page 4 , line 8 , remove the overstrikes from " ~~sixteen~~ " .

On page 4 , line 8 , delete " eighteen " .

On page 4, line 10, delete "," and insert "and".

On page 4 , line 11 , delete " , and an intermediate driver's permit as provided " .

On page 4 , line 12 , delete everything before " . "

On page 5 , line 23 , delete " intermediate driver's " and insert " minor's " .

Respectfully submitted,    Respectfully submitted,
RICHARD E. "DICK" BROWN    ALAN AKER
REX HAGG
DAVID GLEASON    CHARLES E. FLOWERS
House Committee    Senate Committee

Sen. Aker moved that the report of the Conference Committee on HB 1138 be adopted.

     The question being on Sen. Aker's motion that the report of the Conference Committee on HB 1138 be adopted.

     And the roll being called:

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

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

Nays were:
Drake; Johnson (William); Kloucek; Morford-Burg; Thompson; Valandra

Excused were:
Daugaard

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

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 202 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 202 be amended as follows:

On page 1 , line 14 of the House engrossed bill , after " mediation. " insert " Mediation of a contract dispute shall take place prior to litigation. "

On page 1 , line 15 , delete " Litigation of a contract dispute " .

On page 2 , line 1 , delete " may not begin until mediation has failed. "

Respectfully submitted,    Respectfully submitted,
KEVIN R. CRISP    RANDY FREDERICK
HELENA B. HASSARD    WILLIAM J. JOHNSON
CRAIG D. SCHAUNAMAN    PAUL SYMENS
House Committee    Senate Committee

Sen. Frederick moved that the report of the Conference Committee on SB 202 be adopted.

The question being on Sen. Frederick's motion that the report of the Conference Committee on SB 202 be adopted.

And the roll being called:

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

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

Excused were:
Daugaard

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

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 261 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 261 be amended as follows:

On page 1 , line 10 of the House engrossed bill , after " or " insert " in cases of voluntary termination " .

On page 1 , line 10 , after " a " insert " written " .

On page 1 , line 15 , after " interests " insert " . This section does not apply to pre-adoption agreements entered into before July 1, 1997 " .

Respectfully submitted,    Respectfully submitted,
REX HAGG    BARBARA EVERIST
LARRY W. DIEDRICH    DAVID R. MUNSON
    JIM LAWLER
House Committee    Senate Committee

Sen. Everist moved that the report of the Conference Committee on SB 261 be adopted.

The question being on Sen. Everist's motion that the report of the Conference Committee on SB 261 be adopted.

And the roll being called:

Excused were:
Daugaard

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

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 100, 194, and 261 and HB 1138 and 1245.

Respectfully,
KAREN GERDES, Chief Clerk

SIGNING OF BILLS

     The President publicly read the title to

     SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the taxation of transportation services.

     SB 15: FOR AN ACT ENTITLED, An Act to provide a safety zone for child victims of sex crimes.

     SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding officers and employees of the state entering into contracts with the state.

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

     SB 72: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state aid to education.

     SB 99: FOR AN ACT ENTITLED, An Act to revise the grounds upon which a judge may waive consent of a parent to termination of parental rights for adoption.

     SB 102: FOR AN ACT ENTITLED, An Act to provide for interstate joint power agreements for the exercise of police powers.

     SB 103: FOR AN ACT ENTITLED, An Act to increase the penalty for a driver of a motor vehicle who eludes a law enforcement officer.

     SB 112: FOR AN ACT ENTITLED, An Act to revise the penalty for theft by an employee of certain facilities.

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

     SB 156: FOR AN ACT ENTITLED, An Act to revise the definition of a single-family occupied dwelling and to repeal certain classifications of property.

     SB 168: FOR AN ACT ENTITLED, An Act to revise the penalties for inmate escape from Department of Corrections custody.

     SB 178: FOR AN ACT ENTITLED, An Act to require the mandatory payment of costs and attorney's fees in frivolous or malicious actions.

     SB 194: FOR AN ACT ENTITLED, An Act to classify certain persons as residents for purposes of higher education tuition.

     SB 209: FOR AN ACT ENTITLED, An Act to specify certain circumstances that create a rebuttable presumption that awarding custody or granting visitation rights is not in the best interests of a child.

     SB 245: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

     SB 254: FOR AN ACT ENTITLED, An Act to appropriate money for grants to tribal institutions.

     SB 266: FOR AN ACT ENTITLED, An Act to revise certain child support provisions including the adoption of certain child support provisions required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

     And signed the same in the presence of the Senate.

Sen. Rounds moved that the Senate do now recess until 2:30 p.m., which motion prevailed and at 12:00 noon, the Senate recessed.

RECESS

The Senate reconvened at 2:30 p.m., the President presiding.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 100 and 261 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1176 which has passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has approved SB 127 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form.

Respectfully,
KAREN GERDES, Chief Clerk

CONSIDERATION OF REPORTS OF SELECT COMMITTEES

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1272 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1272 be amended as follows:

On page 1 , line 6 of the Senate State Affairs committee engrossed bill , after " arises " insert " or in a subsequent action " .

Respectfully submitted,    Respectfully submitted,
LARRY E. GABRIEL    M. MICHAEL ROUNDS
REX HAGG    WILLIAM J. JOHNSON
CAITLIN F. COLLIER    PAUL SYMENS
House Committee    Senate Committee

Sen. Rounds moved that the report of the Conference Committee on HB 1272 be adopted.

     The question being on Sen. Rounds' motion that the report of the Conference Committee on HB 1272 be adopted.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

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

Nays were:
Kloucek

Excused were:
Hunhoff

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

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 259 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that all House amendments be deleted, thus restoring the bill to the form it passed the Senate.

Respectfully submitted,    Respectfully submitted,
LARRY E. GABRIEL    DAVID R. MUNSON
STEVE CUTLER    HAROLD W. HALVERSON

House Committee Senate Committee

Sen. Munson moved that the report of the Conference Committee on SB 259 be adopted.

     The question being on Sen. Munson's motion that the report of the Conference Committee on SB 259 be adopted.

     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; Thompson; Valandra; Vitter; Whiting

Nays were:
Symens

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

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 268 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that all House amendments be deleted, thus restoring the bill to the form it passed the Senate.

Respectfully submitted,    Respectfully submitted,
REX HAGG    FRED WHITING
CAROL E. FITZGERALD    WILLIAM J. JOHNSON
GARRY A. MOORE    REBECCA J. DUNN
House Committee    Senate Committee

Sen. Whiting moved that the report of the Conference Committee on SB 268 be adopted.

The question being on Sen. Whiting's motion that the report of the Conference Committee on SB 268 be adopted.

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 report was adopted.

Also MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1276 and amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1276 be amended as follows:

On page 1 , line 8 of the Senate engrossed bill , delete " or until the person " .

On page 1 , delete lines 9 and 10 .

On page 1 , line 11 , delete " reinstated to the program " .

On page 2 , after line 22 , insert:

" Section 4. As used in section 1 of this Act, the term, extracurricular activity, means any activity sanctioned by the South Dakota High School Activities Association. "

Respectfully submitted,    Respectfully submitted,
LARRY E. GABRIEL    M. MICHAEL ROUNDS
J. P. DUNIPHAN    ARLENE H. HAM

House Committee Senate Committee

Sen. Rounds moved that the report of the Conference Committee on HB 1276 be adopted.

Sen. Symens moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1276 and that a new committee be appointed.

Sen. Vitter moved the previous question.

Which motion prevailed.

Sen. Rounds requested a roll call vote.

Which request was supported.

     The question being on Sen. Symens' substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1276 and that a new committee be appointed.

     And the roll being called:

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

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

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

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

     The question now being on Sen. Rounds' motion that the report of the Conference Committee on HB 1276 be adopted.

     And the roll being called:

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

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

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lawler; Morford-Burg; Reedy; Symens; Thompson; Valandra

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

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 202, 259, and 268.

Respectfully,
KAREN GERDES, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1176 : FOR AN ACT ENTITLED, An Act to appropriate money for the expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and departments, for support and maintenance of the educational, charitable, and penal institutions, the South Dakota Veterans' Home, for maintenance of the state house, and for support and maintenance of the state guard.

Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

m-1176n

Sen. Kloucek moved that HB 1176 be amended as follows:

On page 4 of the House Appropriations committee engrossed bill , line 14 , delete “$2,815,058" and insert " $3,015,058 "

Sen. Halverson moved that Sen. Kloucek's motion to amend HB 1176 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 1176 be laid on the table.

     And the roll being called:

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

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

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; 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 1176 was laid on the table.

     The question being "Shall HB 1176 pass?"

     And the roll being called:

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

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

Nays were:
Hutmacher; Kloucek; Morford-Burg; Olson; Reedy; Symens

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 the House has adopted the reports of the Conference Committees on HB 1272 and 1276.

Respectfully,
KAREN GERDES, Chief Clerk

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 13, 15, 42, 43, 44, 55, 70, 72, 82, 87, 99, 102, 103, 108, 112, 121, 126, 143, 149, 154, 156, 168, 169, 170, 171, 178, 181, 186, 187, 194, 198, 208, 209, 210, 211, 213, 214, 215, 228, 235, 241, 242, 245, 254, 260 and 266 were delivered to his Excellency, the Governor, for his approval at 3:32 p.m., March 6, 1997.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

SIGNING OF BILLS

     The President publicly read the title to

     SB 100: FOR AN ACT ENTITLED, An Act to permit all but one petitioner to waive personal appearance at a hearing for termination of parental rights.

     SB 261: FOR AN ACT ENTITLED, An Act to prohibit conditional adoptions.

     HB 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the one-call notification system.

     HB 1084: FOR AN ACT ENTITLED, An Act to revise certain speed limits on township roads.

     HB 1138: FOR AN ACT ENTITLED, An Act to provide for a graduated driver's licensing system.

     HB 1169: FOR AN ACT ENTITLED, An Act to revise certain conditions on collecting real property taxes upon a single-family dwelling.

     HB 1218: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the detention of children in need of supervision and delinquent children.

     HB 1231: FOR AN ACT ENTITLED, An Act to revise the property tax levies for general funds of a school district.

     HB 1238: FOR AN ACT ENTITLED, An Act to allow a video lottery machine operator to be owned by certain publicly traded companies.

     HB 1245: FOR AN ACT ENTITLED, An Act to define self-service storage facilities, to provide a lien on all personal property stored at such facilities, and to provide a procedure for the enforcement of such lien.

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

     HJR 1009: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article IX of the Constitution of the State of South Dakota, authorizing local initiatives to provide for the cooperation and organization of local government.

     And signed the same in the presence of the Senate.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 202, 259, and 268 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

SIGNING OF BILLS

     The President publicly read the title to

     SB 202: FOR AN ACT ENTITLED, An Act to regulate certain agricultural contracts.

     SB 259: FOR AN ACT ENTITLED, An Act to promote personal responsibility and provide temporary assistance for needy families and to revise certain provisions relating to public assistance.

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

     HB 1176: FOR AN ACT ENTITLED, An Act to appropriate money for the expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and departments, for support and maintenance of the educational, charitable, and penal institutions, the South Dakota Veterans' Home, for maintenance of the state house, and for support and maintenance of the state guard.

     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.

     HB 1276: FOR AN ACT ENTITLED, An Act to restrict persons who have possessed, used, or distributed controlled substances or marijuana from participation in certain extracurricular activities or financial aid assistance.

     And signed the same in the presence of the Senate.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Tuesday, March 25, the 39th legislative day.

Which motion prevailed.

Sen. Rounds moved that the Senate do now adjourn, which motion prevailed, and at 4:50 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary