JOURNAL OF THE SENATE

SEVENTY-THIRD  SESSION




SIXTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 20, 1998

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

     The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of Allegiance led by Senate page Mark Helberg.

     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 fifth 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.
HONORED GUESTS


     Sens. Hunhoff   and Kloucek introduced Tabor Czech Day's Royalty Queen Aesli Grandi, Tabor; Prince Eric Kotalik, Tyndall; and Princess Abby Hunhoff, Yankton.

     Sen. Daugaard   introduced Linda Hartman, Hartford, 1997-1998 Outstanding School Board Member.

     The oath of office was administered by the President to Dan Hutchinson, Legislative Aide.

     Which was subscribed to and placed on file in the office of the Secretary of State.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Jack J. Rentschler of Minnehaha County, Sioux Falls, South Dakota, to the State Board of Regents.

    The question being "Does the Senate advise and consent to the executive appointment of Jack J. Rentschler pursuant to the executive message as found on page 11 of the Senate Journal?"

     And the roll being called:

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

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

     Excused were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Ronald L. Morrow of Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission.


    The question being "Does the Senate advise and consent to the executive appointment of Ronald L. Morrow pursuant to the executive message as found on page 8 of the Senate Journal?"

     And the roll being called:

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

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

     Excused were:
Kloucek; Symens

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confiremd.

     The Senate proceeded to the consideration of the executive appointment of John N. Jones of Hughes County, Pierre, South Dakota, as Secretary of the Department of Human Services.

    The question being "Does the Senate advise and consent to the executive appointment of John N. Jones pursuant to the executive message as found on page 7 of the Senate Journal?"

     And the roll being called:

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

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

     Excused were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Curt Jones of Marshall County, Britton, South Dakota, to the State Board of Regents.


    The question being "Does the Senate advise and consent to the executive appointment of Curt Jones pursuant to the executive message as found on page 9 of the Senate Journal?"

     And the roll being called:

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

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

     Excused were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Dennis E. Wagner of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Dennis E. Wagner pursuant to the executive message as found on page 5 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of James A. Ahrendt of Yankton County, Yankton, South Dakota, to the Career Service Commission.

    The question being "Does the Senate advise and consent to the executive appointment of James A. Ahrendt pursuant to the executive message as found on page 9 of the Senate Journal?"

     And the roll being called:


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

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

     Excused were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Robert D. Hofer of Hughes County, Pierre, South Dakota, to the State Board of Directors for Educational Telecommunications.

    The question being "Does the Senate advise and consent to the executive appointment of Robert D. Hofer pursuant to the executive message as found on page 9 of the Senate Journal?"

     And the roll being called:

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

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

     Nays were:
Aker; Drake; Kleven

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Tony L. Berg of Tripp County, Winner, South Dakota, to the State Board of Directors for Educational Telecommunications.

    The question being "Does the Senate advise and consent to the executive appointment of Tony L. Berg pursuant to the executive message as found on page 5 of the Senate Journal?"

     And the roll being called:


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

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

     Excused were:
Kloucek; Morford

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Charles E. Clay of Fall River County, Hot Springs, South Dakota, to the State Board of Directors for Educational Telecommunications.

    The question being "Does the Senate advise and consent to the executive appointment of Charles E. Clay pursuant to the executive message as found on page 10 of the Senate Journal?"

     And the roll being called:

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

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

     Excused were:
Valandra

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Peter A. Gustaf of Lake County, Madison, South Dakota, to the South Dakota Board of Education.

    The question being "Does the Senate advise and consent to the executive appointment of Peter A. Gustaf pursuant to the executive message as found on page 6 of the Senate Journal?"

     And the roll being called:


     Yeas 34, Nays 0, Excused 1, 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; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Everist

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 43 and returns the same with the recommendation that said bill do pass.



Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.



Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration SB 67 and returns the same with the recommendation that said bill be amended as follows:

o-67b

     On page 1 , line 13 of the printed bill , delete " court " and insert " Unified Judicial System " .

     On page 1 , line 14 , after " receipt of " insert " notification from the Unified Judicial System of " .

o-67

     On page 1 , line 9 of the printed bill , delete " any " .

     On page 1 , line 9 , after " of " insert " 0.02 percent or more by weight of " .
o-67t

     On page 1 , line 2 of the printed bill , delete " any " .

     And that as so amended said bill do pass.

Respectfully submitted,
Kermit Staggers, Chair

Also MADAM PRESIDENT:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 31 and 35 and returns the same with the recommendation that said bills do pass.



Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 30 and returns the same with the recommendation that said bill be amended as follows:

t-30

     On page 1 , line 10 of the printed bill , after " who " insert " intentionally " .

     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SCR 1 and returns the same with the recommendation that said resolution be adopted.



Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of John A. Kranz of Davison County, Springfield, South Dakota, to the Game, Fish and Parks Commission 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Kenneth A. Barker of Butte County, Belle Fourche, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 54, 60, 61, 62, 63 and 65 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.



Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration SB 56 and returns the same with the recommendation that said bill be amended as follows:

j-56

     On page 4 , line 15 of the printed bill , after " to " insert " high-risk " .

     On page 4 , line 15 , overstrike " without medical " .

     On page 4 , line 16 , overstrike " underwriting " .

     On page 4 , line 22 , after " threshold. " insert " The director may promulgate rules pursuant to chapter 1-26 to determine which individual policies may be used to determine the two percent threshold, the procedures involved, and the applicable time frames. In making that determination, the director shall develop a method designed to limit the number of high-risk individuals to whom any one carrier may be required to issue coverage. " .

     On page 9 , line 24 , delete " quarterly, semi-annual, or " .

     On page 10 , line 2 , after " made. " insert " A carrier is not required to provide any claims information that pertains to a prior carrier's experience with that employer. " .

     On page 11 , line 4 , remove the overstrikes from " written " .

     On page 11 , line 11 , after " occurring. " insert " A request for an expedited review need not be in writing. " .

     On page 12 , line 17 , overstrike " either " and insert " a " .

     On page 13 , line 17, remove the overstrikes from "If the director determines that all carriers in the small employer".

     On page 13 , remove the overstrikes from lines 18 and 19 .

     On page 13 , line 20, remove the overstrikes from "increments if all small employer carriers meet the previous threshold."
    
     On page 13 , line 23 , after " 1-26. " insert " No small employer carrier is required to issue coverage to any small employer if the small employers who are at high-risk constitute two percent of that carrier's earned premium on an annual basis from small employer health benefit plans. The director may promulgate rules pursuant to chapter 1-26 to determine which policies may be used to determine the two percent threshold, the procedures involved, and the applicable time frames. In making that determination, the director shall develop a method designed to limit the number of high risk groups to which any one carrier may be required to issue coverage. " .

     On page 17 , line 15 , delete " equal " and insert " are actuarially equivalent to " .

     On page 18 , line 17 , delete " and " .

     On page 18 , line 18 , delete " . " and insert " ; and " .

     On page 18 , after line 18 , insert:

" (15)    Requirements pertaining to mental health benefit levels in employer group plans other         than small employer group plans. "


     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill be amended as follows:

J-64

     On page 1 , line 12 of the printed bill , delete " 32-7 " and insert " 32-7A " .

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

Respectfully submitted,
Jerry Shoener, Chair


MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1030, 1032, 1033, and 1038 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES


    Sen. Paisely moved that the Senate Taxation Committee report on SB 69 be amended as follows:

    On page 65 of the Senate Journal, after line 8, insert:

    "That the title to SB 69 be amended as follows: On page 1, line 2 of the printed bill, after "returns" insert "and to declare an emergency"."

    Which motion prevailed and the report was so amended.

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

     Local Government on SB 13 as found on page 65 of the Senate Journal; also

     Taxation on SB 69 as found on page 65 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 87   Introduced by:  Senators Dennert, Reedy, and Staggers and Representative Schrempp

     FOR AN ACT ENTITLED, An Act   to repeal the inheritance tax.

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

     SB 88   Introduced by:  Senators Whiting, Albers, Daugaard, and Shoener and Representatives Duniphan, Apa, Belatti, Brown (Gary), Haley, Madden, Moore, Peterson (Bill), and Sokolow


     FOR AN ACT ENTITLED, An Act   to revise certain statutes relating to controlled firearms by including antique firearms.

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

     SB 89   Introduced by:  Senator Aker and Representative Madden

     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding health care professional disciplinary actions.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 90   Introduced by:  Senators Rounds, Aker, Brosz, Brown (Arnold), Drake, and Lawler and Representatives Apa, de Hueck, Duenwald, Koskan, Monroe, and Schaunaman

     FOR AN ACT ENTITLED, An Act   to revise the requirements for imposing an excess tax levy.

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

     SB 91   Introduced by:  Senators Rounds, Aker, Brosz, Brown (Arnold), Drake, and Lawler and Representatives Duenwald, Apa, Kooistra, Koskan, Monroe, Schaunaman, and Smidt

     FOR AN ACT ENTITLED, An Act   to revise the procedure for applying the index factor to the amount of revenue payable from taxes on real property within a taxing district.

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

     SB 92   Introduced by:  Senators Lawler, Aker, Albers, Dennert, Drake, Dunn (Jim), Flowers, Halverson, Hunhoff, Kloucek, Olson, Reedy, Rounds, Shoener, Staggers, and Valandra and Representatives Cutler, Diedrich, Hassard, Koskan, Lee, Madden, Monroe, Moore, Napoli, Roe, Schaunaman, Waltman, and Windhorst

     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the recording of a social security number for the purposes of driver licensing and the titling and licensing of a motor vehicle.

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

     SB 93   Introduced by:  Senators Lawler, Albers, Dennert, Dunn (Rebecca), Hutmacher, Reedy, and Symens and Representatives Koetzle, Collier, Gleason, Haley, Lucas, Matthews, Schaunaman, Sokolow, Sperry, and Waltman


     FOR AN ACT ENTITLED, An Act   to prohibit discrimination against certain employees for nonattendance due to severe weather or road conditions.

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

     SB 94   Introduced by:  Senators Hutmacher, Olson, and Rounds and Representatives Lucas, Brown (Richard), Haley, Madden, and Waltman

     FOR AN ACT ENTITLED, An Act   extend the time in which money that has been transferred to the special education fund may be transferred back to the original fund.

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

     SB 95   Introduced by:  Senators Hutmacher, Dennert, Hunhoff, Kloucek, Lange, Lawler, Olson, Staggers, Symens, and Valandra and Representatives Fischer-Clemens, Cerny, Gleason, Moore, and Schaunaman

     FOR AN ACT ENTITLED, An Act   to revise the income limits of a person eligible for a real property tax assessment freeze.

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

     SB 96   Introduced by:  Senators Vitter, Aker, Albers, Brosz, Brown (Arnold), Dennert, Everist, Hainje, Ham, Hutmacher, Kleven, Lange, Paisley, Reedy, Shoener, Staggers, and Whiting and Representatives Rost, Apa, Brown (Gary), Derby, Duniphan, Fitzgerald, Jaspers, Matthews, Napoli, Pummel, and Wetz

     FOR AN ACT ENTITLED, An Act   to prohibit assaults by any person held in a county or municipal jail or a juvenile detention facility.

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

     SB 97   Introduced by:  Senators Staggers, Aker, Dennert, Drake, Hainje, Kleven, Munson (David), and Shoener and Representatives Windhorst, Apa, Cerny, Chicoine, Crisp, Duniphan, Duxbury, Hassard, Kooistra, Lockner, Madden, Monroe, Napoli, Van Gerpen, and Weber

     FOR AN ACT ENTITLED, An Act   to increase certain inheritance tax exemptions.

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

     SB 98   Introduced by:  Senators Staggers, Aker, Dennert, Drake, Hainje, Hutmacher, Munson (David), and Reedy and Representatives Napoli, Chicoine, Duxbury, Hassard, Kooistra, Madden, Monroe, Pummel, Van Gerpen, Weber, and Windhorst


     FOR AN ACT ENTITLED, An Act   to revise the criteria for the assessment freeze on the taxation of certain single-family dwellings.

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

     SB 99   Introduced by:  Senators Staggers, Aker, Dennert, Drake, and Munson (David) and Representatives Peterson (Bill), Chicoine, Kooistra, Monroe, Napoli, Weber, Wetz, and Windhorst

     FOR AN ACT ENTITLED, An Act   to restrict the amount of time a governing body may impose an excess tax levy, unless the governing body takes action to continue the excess tax levy.

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

     SB 100   Introduced by:  Senators Albers, Ham, and Vitter and Representatives Broderick and Fischer-Clemens

     FOR AN ACT ENTITLED, An Act   to increase the persons of whom a criminal record check and a central registry background check is required with regard to schools and child welfare agencies.

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

     SB 101   Introduced by:  Senators Albers, Flowers, Hutmacher, Reedy, and Vitter and Representatives Brooks, Apa, Chicoine, Duenwald, Kazmerzak, Kooistra, Lee, Monroe, Moore, Schrempp, Sperry, and Weber

     FOR AN ACT ENTITLED, An Act   to repeal the requirement to provide certain guardrails on county and township bridges.

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

     SB 102   Introduced by:  Senators Lange, Albers, Dennert, Hutmacher, Kloucek, Olson, Staggers, Symens, Valandra, and Vitter and Representatives Chicoine, Apa, Belatti, Cerny, Fischer-Clemens, Hagen, Peterson (Bill), Schrempp, and Weber

     FOR AN ACT ENTITLED, An Act   to clarify certain principles pertaining to self-defense and defense of third persons within the home and on owned, leased, or rented real property.

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


     SB 103   Introduced by:  Senators Flowers, Aker, Hunhoff, Lange, Lawler, and Rounds and Representatives Gabriel, Collier, Fischer-Clemens, McNenny, Waltman, and Weber

     FOR AN ACT ENTITLED, An Act   to revise the procedure for the valuation of agricultural land.

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

     SB 104   Introduced by:  Senators Whiting, Shoener, and Vitter and Representatives Duniphan and Wetz

     FOR AN ACT ENTITLED, An Act   to specify certain duties and the authority of persons assigned by law enforcement agencies to investigate traffic accidents.

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

     SB 105   Introduced by:  Senators Whiting, Aker, Albers, Dunn (Rebecca), Ham, Hunhoff, Lawler, Staggers, and Vitter and Representatives Duniphan, Apa, Eccarius, Matthews, Napoli, and Wetz

     FOR AN ACT ENTITLED, An Act   to permit evidence of similar crimes in prosecutions for child molestation.

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

     SB 106   Introduced by:  Senators Whiting, Aker, Albers, Dunn (Rebecca), Ham, Hunhoff, Lawler, Staggers, and Vitter and Representatives Duniphan, Apa, Eccarius, Matthews, Napoli, and Wetz

     FOR AN ACT ENTITLED, An Act   to permit evidence of similar crimes in prosecutions for sexual assault.

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

     SB 107   Introduced by:  Senators Whiting, Aker, Albers, Dunn (Rebecca), Ham, Hunhoff, Lawler, Staggers, and Vitter and Representatives Duniphan, Apa, Eccarius, Matthews, Napoli, and Wetz

     FOR AN ACT ENTITLED, An Act   to permit evidence of prior sexual assault or child molestation offenses in certain civil actions.

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



     SB 108   Introduced by:  Senator Olson and Representatives Cutler, Fischer-Clemens, and Matthews

     FOR AN ACT ENTITLED, An Act   to authorize a person licensed to carry a concealed pistol in another state to carry a concealed pistol in this state under certain conditions.

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

     SB 109   Introduced by:  Senators Halverson, Dennert, Flowers, Paisley, and Shoener and Representatives Cutler, Cerny, Duniphan, Gabriel, Hagg, Haley, Hunt, and Roe

     FOR AN ACT ENTITLED, An Act   to revise the rule-making authority of the director of insurance concerning stop loss or excess insurance.

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

     SB 110   Introduced by:  Senators Rounds, Brown (Arnold), Halverson, Kleven, Olson, and Shoener and Representatives Roe, Cutler, Fischer-Clemens, Pederson (Gordon), and Smidt

     FOR AN ACT ENTITLED, An Act   to define the brokerage relationships available between real estate licensees and buyers, sellers, landlords, or tenants in real estate transactions, to establish the obligations owed by real estate licensees to parties to real estate transactions, and to establish certain disclosure requirements for real estate licensees.

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

     SB 111   Introduced by:  Senators Hutmacher and Paisley and Representatives Brooks, Hagen, and Pederson (Gordon)

     FOR AN ACT ENTITLED, An Act   to permit borrowing between school district funds.

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

     SB 112   Introduced by:  Senators Aker, Valandra, and Vitter and Representatives Duniphan and Apa

     FOR AN ACT ENTITLED, An Act   to change the number of days of notice that must be given to the county commissioners for special sessions.

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

     SB 113   Introduced by:  Senators Daugaard, Albers, Dunn (Rebecca), Hainje, Shoener, and Vitter and Representatives Broderick and Hunt


     FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to the abatement and punishment of certain common nuisances involving alcoholic beverages.

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

     SB 114   Introduced by:  Senators Johnson (William), Albers, and Lawler and Representatives Roe, Brown (Jarvis), and Gleason

     FOR AN ACT ENTITLED, An Act   to permit investment by farm mutual insurers in common stock of banks or bank holding companies.

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

     SB 115   Introduced by:  Senators Everist, Lawler, and Whiting and Representatives Broderick, Barker, Gabriel, Hunt, and Solum

     FOR AN ACT ENTITLED, An Act   revise and clarify certain provisions relating to the Health and Education Facilities Authority.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Dennert requested that SB 29 be removed from the Consent Calendar.

     Sen. Rounds requested that SB 5 be removed from the Consent Calendar.

     SB 3   :   FOR AN ACT ENTITLED, An Act   to clarify the employment status of certain election workers.

     Was read the second time.

     The question being "Shall SB 3 pass?"

     And the roll being called:

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

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



     Excused were:
Lange

     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 8   :   FOR AN ACT ENTITLED, An Act   to revise the procedure for the renewal of certain school and public lands leases.

     Was read the second time.

     The question being "Shall SB 8 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Lange

     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 12   :   FOR AN ACT ENTITLED, An Act   to establish a uniform procedure for creating certain special districts and electing the first board of trustees.

     Was read the second time.

     The question being "Shall SB 12 pass?"

     And the roll being called:

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

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


     Excused were:
Lange

     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 14   :   FOR AN ACT ENTITLED, An Act   to restrict when a state employee may be granted leave to participate in certain disaster relief services.

     Was read the second time.

     The question being "Shall SB 14 pass?"

     And the roll being called:

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

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

     Excused were:
Lange

     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 15   :   FOR AN ACT ENTITLED, An Act   to revise the restrictions on donation of leave by state employees.

     Was read the second time.

     The question being "Shall SB 15 pass?"

     And the roll being called:

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

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


     Excused were:
Lange

     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 25   :   FOR AN ACT ENTITLED, An Act   to codify the legislation passed in 1997.

     Was read the second time.

     The question being "Shall SB 25 pass?"

     And the roll being called:

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

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

     Excused were:
Lange

     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 27   :   FOR AN ACT ENTITLED, An Act   to repeal certain provisions regarding medication aides.

     Was read the second time.

     The question being "Shall SB 27 pass?"

     And the roll being called:

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

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


     Excused were:
Lange

     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 39   :   FOR AN ACT ENTITLED, An Act   to provide for the public procurement of construction services utilizing the design-build procurement process.

     Was read the second time.

     The question being "Shall SB 39 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Lange

     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 71   :   FOR AN ACT ENTITLED, An Act   to revise certain dates pertaining to references to the Internal Revenue Code

     Was read the second time.

     The question being "Shall SB 71 pass?"

     And the roll being called:

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

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


     Excused were:
Lange

     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 38   :   FOR AN ACT ENTITLED, An Act   to increase the liquidated costs imposed for law enforcement training.

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

     The question being "Shall SB 38 pass?"

     And the roll being called:

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

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

     Nays were:
Aker; Drake; Flowers; Kloucek; Morford; Valandra

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

     SB 41   :   FOR AN ACT ENTITLED, An Act   to allow certain adjudicated children to be placed in the juvenile prison or the state training school.

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

     The question being "Shall SB 41 pass?"

     And the roll being called:


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

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

     Nays were:
Staggers

     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 SB 4, 18, 26, 52 and 70 be deferred until Wednesday, January 21, the 7th legislative day.

     Which motion prevailed and the bills were so deferred.

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

MOTIONS AND RESOLUTIONS


     Sen. Dunn (Jim) moved that SB 103 be referred from the Committee on Agriculture and Natural Resources to the Committee on Taxation.

     Which motion prevailed and the bill was so referred.

COMMEMORATIONS


     SC 3   Introduced by:  Senators Rounds, Everist, Hunhoff, and Shoener and Representatives Gabriel, Brown (Richard), Derby, Eccarius, Haley, Peterson (Bill), and Richter

A LEGISLATIVE COMMEMORATION,  Honoring Karen Hart, South Dakota Girls' State     Governor, and Chris DeJong, South Dakota Boys' State Governor, and commending the     South Dakota American Legion and Auxiliary for their sponsorship and coordination of     the Girls' State and Boys' State programs.

     WHEREAS,  Karen Hart and Chris DeJong have been elected and are serving in these high offices and are outstanding young South Dakota leaders; and

     WHEREAS,  the goals of Boys' State and Girls' State are:

             (1)    To better help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship; and

             (2)    To give better knowledge of the fundamental principles of government within the State of South Dakota through a unique learn-by-doing workshop; and

     WHEREAS,  the South Dakota American Legion and Auxiliary have worked diligently for more than fifty years in conducting these fine programs:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-third Legislature of the State of South Dakota, that Karen Hart and Chris DeJong be congratulated for their outstanding achievement; that appreciation be extended to those adults who donate time and energy to the program; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys' and Girls' State.
    

     SC 4   Introduced by:  Senator Daugaard and Representatives Crisp and Kooistra

A LEGISLATIVE COMMEMORATION,  Commending and honoring Linda Hartman, a member of the West Central School District Board, on her selection as the 1997-1998 Outstanding School Board Member.

     WHEREAS,  Linda Hartman is serving in her seventh year as a member of the West Central School Board, including three and one-half years as board chairman; and

     WHEREAS,  Linda Hartman has provided leadership for creating strong support for K-12 education in the school community, which is demonstrated in the new K-6 addition to the Humboldt Elementary School and a new 9-12 high school complete with a performing arts theater; and

     WHEREAS,  Linda Hartman has served her community and state in many ways, including school board negotiator, board vice president, board president, board representative to the East Dakota Education Cooperative, three school building projects, EMT volunteer with the Fire and Rescue Department, volunteer in school and in her church, ASBSD Board of Directors, and last but not least, as wife and mother of three sons:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-third Legislature of the State of South Dakota, that Linda Hartman of Hartford, South Dakota, be congratulated for her efforts to improve educational opportunities for the citizens of the state.

     Sen. Shoener moved that the Senate do now adjourn, which motion prevailed, and at 3:03 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary