JOURNAL OF THE SENATE

SEVENTY-THIRD  SESSION




FOURTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 16, 1998

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

     The prayer was offered by the Chaplain, Pastor James Sumner, followed by the Pledge of Allegiance led by Senate page Mike Whitford.

     Roll Call: All members present except Sens. Paisley and Valandra who were excused.

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 third day.

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

     And we hereby move the adoption of the report.
Respectfully submitted,
HAROLD W. HALVERSON, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 6, 7, 9, 10, and 40 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 State Affairs respectfully reports that it has had under consideration SB 52 and returns the same with the recommendation that said bill be amended as follows:

o-52

     On page 2 , line 22 of the printed bill , before " evidence " insert " written " .

     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 SB 39 and returns the same with the recommendation that said bill be amended as follows:

o-39b

     On page 3 , line 16 of the printed bill , delete " 14 " and insert " 16 " .

     On page 4 , line 15 , delete " licensed and registered " and insert " authorized " .

     On page 4 , line 15 , after " state " insert " as either an architect, engineer, or general contractor " .

     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 SB 8 and returns the same with the recommendation that said bill be amended as follows:

o-8

     On page 1 , line 6 of the printed bill , overstrike " mail " and insert " return " .

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

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 37, 38, 41, and 42 and returns the same with the recommendation that said bills do pass.



Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of James Sheridan of Beadle County, Huron, South Dakota, to the State Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Daniel J. Nichols, Minnehaha County, Sioux Falls, South Dakota, to the State Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Fred Whiting, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two Houses for the ensuing session.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate Journals and bills, and other legislative printing for the two Houses and the state offices with the full power to act.


Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of securing chaplains for the Seventy-third Legislative Session.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging for legislative days for members, officers, and employees for the Seventy-third Lgislative Session.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging for a memorial recognition of deceased members of the House and Senate.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of fixing compensation of the selective and appointive officers and employees of the House and Senate for the Seventy-third legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Respectfully,
KAREN GERDES, Chief Clerk

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 73   Introduced by:  Senators Halverson, Frederick, and Symens and Representatives Diedrich, de Hueck, and Hunt

     FOR AN ACT ENTITLED, An Act   to provide for the challenging of nonresidents attempting to vote in municipal or school elections.

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



MOTIONS AND RESOLUTIONS


     Sen. Halverson moved that SB 17 be referred from the Committee on Retirement Laws to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Rounds requested that SB 55 be removed from the Consent Calendar.

     SB 57   :   FOR AN ACT ENTITLED, An Act   to revise certain restrictions of activities of real estate licensees.

     Was read the second time.

     The question being "Shall SB 57 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Everist; Paisley; Staggers; Valandra

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

     SB 58   :   FOR AN ACT ENTITLED, An Act   to revise the requirement for real estate brokers to furnish closing statements in a real estate transaction.

     Was read the second time.

     The question being "Shall SB 58 pass?"

     And the roll being called:


     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Everist; Paisley; Staggers; Valandra

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

     SB 59   :   FOR AN ACT ENTITLED, An Act   to revise certain exemptions to real estate licensing requirements.

     Was read the second time.

     The question being "Shall SB 59 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Everist; Paisley; 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.

HONORED GUESTS


     The President introduced the Honorable John Thune, United States Representative from South Dakota, who spoke briefly.

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Saturday, January 17, the 5th legislative day.


     Which motion prevailed.

     Sen. Aker moved that the Senate do now adjourn, which motion prevailed, and at 2:55 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary