JOURNAL OF THE SENATE

SEVENTY-THIRD  SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 21, 1998

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Jennifer Haverty.

     Roll Call: All members present except Sen. Valandra who was 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 sixth 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Marvin G. Schamber of Bon Homme County, Springfield, South Dakota, to the Career Service Commission.

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

     And the roll being called:

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

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

     Excused were:
Frederick; Munson (David); 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 John A. Kranz of Davison County, Mitchell, South Dakota, to the Game, Fish and Parks Commission.

    The question being "Does the Senate advise and consent to the executive appointment of John A. Kranz 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; 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 Kenneth A. Barker of Butte County, Belle Fourche, South Dakota, to the Game, Fish and Parks Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Kenneth A. Barker pursuant to the executive message as found on page 8 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.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 17 and returns the same with the recommendation that said bill do pass.


Respectfully submitted,
Harold Halverson, Chair


Also MADAM PRESIDENT:

     The Committee on Taxation respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:


f-2

     On page 1 , line 9 of the printed bill , delete " §  10-6-33.7 " and insert " § §  10-6-33.2 and 10- 6-33.7 " .

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

Respectfully submitted,
Keith Paisley, Chair


Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 24 and returns the same with the recommendation that said bill be amended as follows:

c-24

     On page 1 , line 14 of the printed bill , overstrike " Crippled Children's Hospital and " .

     On page 1 , line 15 , overstrike " School " and insert " Children's Care Hospital and School " .

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

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 75 and returns the same with the recommendation that said bill do pass.



Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 36 and returns the same with the recommendation that said bill be amended as follows:

r-36b

     On page 1 , line 12 of the printed bill , after " if the person " insert " , with an immoral purpose, " .

r-36c

     On page 1 , line 13 of the printed bill , delete " in a reckless manner " .

     And that as so amended said bill do pass.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Dorothy J. Howe, Hughes County, Pierre, South Dakota, to the South Dakota Crime Victims' Compensation 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 Health and Human Services respectfully reports that it has had under consideration the nomination of Michael Demery, Faulk County, Faulkton, South Dakota, to the South Dakota Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment

Respectfully submitted,
                                Arnold Brown, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1003 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1039, 1055, 1057, 1058, 1059, 1060, 1061, 1062, and 1075 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk



MOTIONS AND RESOLUTIONS

     Sen. Whiting moved that SB 83 be referred from the Committee on Judiciary to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.


     SCR 1   :   A CONCURRENT RESOLUTION,   Supporting and encouraging negotiations concerning the mitigation of wildlife habitats on the Pick-Sloan reservoirs.

    Was read the second time.

     Sen. Rounds moved that SCR 1 as found on page 34 of the Senate Journal be adopted.

     The question being on Sen. Rounds' motion that SCR 1 be adopted.

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

     SCR 2   Introduced by:  Senators Frederick, Hunhoff, and Rounds and Representatives Putnam, Gabriel, and Haley

A CONCURRENT RESOLUTION,  Requesting the South Dakota Congressional Delegation     to support legislation approving the settlement of the state's claims against the tobacco     companies.

     WHEREAS,  on June 20, 1997, the major tobacco companies, the attorney generals from most states, and representatives of several national public health organizations reached a proposed settlement of claims of the states against the tobacco companies for reimbursement of health care costs; and

     WHEREAS,  this proposed resolution addresses the issue of advertising, promotion, and use of tobacco products with particular emphasis on promotion, sale and use of tobacco by our youth; and

     WHEREAS,  this proposed resolution provides broad and comprehensive regulation of the tobacco industry and tobacco products together with extensive enforcement mechanisms; and

     WHEREAS,  this proposed resolution requires the tobacco companies to pay to a total of $368.5 billion over twenty-five years; and

     WHEREAS,  the attorney generals have estimated South Dakota's share of these payments to be $445,050,000 over twenty-five years with an initial payment of over sixteen million upon enactment; and

     WHEREAS,  federal legislation is needed to implement the terms of this proposed resolution:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Congressional Delegation be memorialized to support federal legislation implementing a settlement of the dispute and allocating to South Dakota its entire share of the proceeds of the settlement.

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

     HCR 1003   :   A CONCURRENT RESOLUTION,   Requesting that construction of the National World War II Memorial proceed expeditiously.

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


CONSIDERATION OF REPORTS OF COMMITTEES



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

     Agriculture and Natural Resources on SB 30 as found on page 112 of the Senate Journal; also

     Commerce on SB 56 as found on page 113 of the Senate Journal; also

     Commerce on SB 64 as found on page 114 of the Senate Journal; also

     Transportation on SB 67 as found on page 111 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 116   Introduced by:  Senators Shoener, Flowers, Halverson, Staggers, Symens, and Vitter and Representatives Cutler, Apa, Barker, Jorgensen, Matthews, Napoli, Peterson (Bill), and Schaunaman

     FOR AN ACT ENTITLED, An Act   to authorize dealers of manufactured homes and mobile homes to operate certain auxiliary lots.

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

     SB 117   Introduced by:  Senator Shoener and Representative Kredit

     FOR AN ACT ENTITLED, An Act   to prevent the inclusion of certain conditions in motor vehicle franchise agreements.

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

     SB 118   Introduced by:  Senators Shoener, Munson (David), Olson, and Staggers and Representatives Broderick, Brown (Jarvis), Fischer-Clemens, Roe, and Schaunaman

     FOR AN ACT ENTITLED, An Act   to exempt service contracts from the insurance code.

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

     SB 119   Introduced by:  Senators Rounds, Dennert, and Halverson and Representatives Kazmerzak and Monroe

     FOR AN ACT ENTITLED, An Act   to repeal certain requirements regarding guardrails on county and township bridges.

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

     SB 120   Introduced by:  Senators Everist, Munson (David), and Rounds and Representatives Cutler, Brown (Richard), Eccarius, and Richter

     FOR AN ACT ENTITLED, An Act   to require a school district to levy the maximum special education tax levy to qualify for state aid to special education.

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


     SB 121   Introduced by:  Senators Everist, Munson (David), and Rounds and Representatives Cutler, Brown (Richard), Eccarius, and Richter

     FOR AN ACT ENTITLED, An Act   to revise the reduction in state aid to special education based upon a school district's ending special education fund balance.

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

     SB 122   Introduced by:  Senators Paisley and Olson and Representatives Cutler, Davis, and Koetzle

     FOR AN ACT ENTITLED, An Act   to allow a school district to report the capital outlay levy in dollars per one thousand dollars of taxable valuation.

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

     SB 123   Introduced by:  Senators Lange, Dunn (Jim), and Paisley and Representatives Broderick and Cutler

     FOR AN ACT ENTITLED, An Act   to establish uniform charges against certain property to pay for the cost of publication.

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

     SB 124   Introduced by:  Senators Drake, Benson, Dennert, Hainje, Johnson (William), Kleven, Morford, and Symens and Representatives Jaspers, Cerny, Duenwald, Fitzgerald, Kredit, and McNenny

     FOR AN ACT ENTITLED, An Act   to appropriate money to the Department of School and Public Lands for repairs to dams on state-owned property.

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

     SB 125   Introduced by:  Senators Staggers and Paisley and Representatives Broderick and Cutler

     FOR AN ACT ENTITLED, An Act   to revise the requirements concerning the publication of the list of tax-exempt property.

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

     SB 126   Introduced by:  Senators Kloucek and Hutmacher and Representatives Putnam and Collier


     FOR AN ACT ENTITLED, An Act   to allow certain taxes to be remitted by electronic transmission in twelve estimated equal monthly installments.

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

     SB 127   Introduced by:  Senators Kloucek, Olson, Reedy, Staggers, Valandra, and Vitter and Representatives Putnam, Chicoine, Fischer-Clemens, Matthews, Napoli, Schrempp, and Van Gerpen

     FOR AN ACT ENTITLED, An Act   to protect crime victims from liability associated with the commission of the crimes.

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

     SB 128   Introduced by:  Senators Kloucek, Hunhoff, Reedy, and Symens and Representatives Weber, Chicoine, Collier, Davis, Duxbury, Fischer-Clemens, Jaspers, Kazmerzak, Lee, Lockner, Putnam, and Schrempp

     FOR AN ACT ENTITLED, An Act   to permit the Department of Transportation to require reflector or luminescent paint on railroad cars.

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

     SB 129   Introduced by:  Senators Kloucek, Flowers, Hunhoff, Hutmacher, Olson, and Reedy and Representatives Putnam, Chicoine, Collier, Davis, Moore, Van Gerpen, and Weber

     FOR AN ACT ENTITLED, An Act   to reduce certain park and camping fees for senior citizens.

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

     SB 130   Introduced by:  Senators Rounds, Albers, and Flowers and Representatives Broderick, Belatti, Lee, Pederson (Gordon), Peterson (Bill), and Smidt

     FOR AN ACT ENTITLED, An Act   to provide for the regulation of certain motor carriers.

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

     SB 131   Introduced by:  Senators Munson (David), Albers, Benson, Daugaard, Drake, Flowers, Frederick, Morford, and Symens and Representatives Cutler, Brooks, Crisp, Diedrich, Duxbury, Haley, Jaspers, Johnson (Doug), Kazmerzak, Putnam, Schaunaman, Smidt, and Sperry


     FOR AN ACT ENTITLED, An Act   to clarify eligibility for ethanol production incentive payments.

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

     SB 132   Introduced by:  Senators Munson (David) and Hutmacher and Representatives Konold and Kredit

     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the perfecting of liens created by unpaid child support.

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

     SB 133   Introduced by:  Senators Lawler, Albers, Dennert, Hunhoff, Hutmacher, and Reedy and Representatives Brown (Jarvis), Crisp, Cutler, Duniphan, Fischer-Clemens, Matthews, Schaunaman, Smidt, Sperry, and Waltman

     FOR AN ACT ENTITLED, An Act   to provide for felony enhancement for third offense simple assault.

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

     SB 134   Introduced by:  Senators Halverson and Symens and Representatives Jaspers and Gleason

     FOR AN ACT ENTITLED, An Act   to permit the Division of Criminal Investigation to process national criminal history checks on applicants for employment with and licensing by the Sisseton-Wahpeton Sioux Tribe.

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

     SB 135   Introduced by:  Senators Drake, Aker, Lawler, Olson, and Shoener and Representatives Monroe, Brown (Jarvis), Konold, Kredit, Madden, Rost, Schaunaman, and Smidt

     FOR AN ACT ENTITLED, An Act   to prohibit automobile insurers from increasing rates or canceling or nonrenewing automobile policies based solely on the number of claims made on the comprehensive coverage of a policy.

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

     SB 136   Introduced by:  Senators Hainje, Daugaard, and Dennert and Representatives Brooks, Brown (Jarvis), Koetzle, and Kredit


     FOR AN ACT ENTITLED, An Act   to authorize an increase in the charge for 911 service under certain conditions.

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

     SB 137   Introduced by:  Senators Rounds, Flowers, and Hutmacher and Representatives Kooistra, Koskan, and Pederson (Gordon)

     FOR AN ACT ENTITLED, An Act   to provide for a emergency vehicle dealer's license and to declare an emergency.

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

     SB 138   Introduced by:  Senators Vitter, Aker, Albers, Benson, Brosz, Brown (Arnold), Drake, Dunn (Jim), Everist, Frederick, Hainje, Ham, Johnson (William), Kleven, Shoener, and Staggers and Representatives Rost, Fitzgerald, Madden, and Pederson (Gordon)

     FOR AN ACT ENTITLED, An Act   to revise the circumstances permitting warrantless arrests.

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

     SB 139   Introduced by:  Senators Olson, Brown (Arnold), Dunn (Jim), and Halverson and Representatives Cutler, Belatti, Eccarius, Fiegen, Fischer-Clemens, Rost, and Windhorst

     FOR AN ACT ENTITLED, An Act   to clarify the scope and composition of peer review committees entitled to limited good faith immunity from civil liability for committee actions.

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

     SB 140   Introduced by:  Senator Flowers and Representative Napoli

     FOR AN ACT ENTITLED, An Act   to revise the requirements for selling motorcycles at certain events and to define vintage motorcycles.

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

     SB 141   Introduced by:  Senators Daugaard and Brown (Arnold) and Representative Fischer-Clemens

     FOR AN ACT ENTITLED, An Act   to allow any person with the authorization of law enforcement or the Department of Social Services to take photographs, videotapes, or electronic images of a child if abuse or neglect is suspected.


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

     SB 142   Introduced by:  Senators Staggers, Aker, Albers, Brown (Arnold), Flowers, Shoener, and Vitter and Representatives Peterson (Bill), Hassard, Koetzle, Madden, Moore, Napoli, and Windhorst

     FOR AN ACT ENTITLED, An Act   to allow any sales and uses tax paid to be deducted from the gross receipts to determine the contractors' excise tax.

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

     SB 143   Introduced by:  Senator Brown (Arnold) and Representative Van Gerpen

     FOR AN ACT ENTITLED, An Act   to exempt individuals participating in the vocational rehabilitation program from the twelve-month residency requirement for tuition and fee purposes.

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

     SB 144   Introduced by:  Senator Aker and Representative de Hueck

     FOR AN ACT ENTITLED, An Act   to increase the maximum fees allowed for serving the notice of intention to take tax deed.

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

     SB 145   Introduced by:  Senator Aker and Representatives Crisp and Duniphan

     FOR AN ACT ENTITLED, An Act   to revise the procedure for serving lienholders.

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

     SB 146   Introduced by:  Senators Aker, Dennert, Everist, Hutmacher, Lange, Munson (David), Shoener, and Staggers and Representatives Barker, Apa, Kazmerzak, Koetzle, Moore, Napoli, Peterson (Bill), and Windhorst

     FOR AN ACT ENTITLED, An Act   to provide a limited refund of the contractor's excise tax for the construction of new or existing residential housing.

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


     SB 147   Introduced by:  Senators Paisley, Brosz, Hunhoff, Lawler, and Morford and Representatives Roe and Haley

     FOR AN ACT ENTITLED, An Act   to provide for an interim study of the impact of gaming in South Dakota.

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

     SB 148   Introduced by:  Senator Munson (David) and Representative Hunt

     FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to employee group insurance.

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

     SB 149   Introduced by:  Senators Everist and Munson (David) and Representatives Brown (Richard), Cutler, Duniphan, and Jorgensen

     FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to contracting school districts that do not operate a K-12 school.

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

     SB 150   Introduced by:  Senators Everist and Munson (David) and Representatives Hunt, Broderick, Solum, and Volesky

     FOR AN ACT ENTITLED, An Act   to adopt and amend certain provisions of the Uniform Commercial Code relating to letters of credit.

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

     SB 151   Introduced by:  Senators Everist, Brown (Arnold), Frederick, and Halverson and Representatives Peterson (Bill), Brown (Richard), and Hunt

     FOR AN ACT ENTITLED, An Act   to allow lottery prizes for lotteries selling chances to raise money to be of greater value under certain circumstances.

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

     SB 152   Introduced by:  Senator Everist and Representative Brown (Richard)

     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding school days and school terms.


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

     SB 153   Introduced by:  Senators Everist, Brown (Arnold), Olson, Rounds, and Vitter and Representatives Gabriel, Chicoine, Cutler, Jorgensen, Roe, and Smidt

     FOR AN ACT ENTITLED, An Act   to authorize municipalities to provide additional telecommunications services.

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

     SB 154   Introduced by:  Senators Everist and Munson (David) and Representatives Hunt, Broderick, Solum, and Volesky

     FOR AN ACT ENTITLED, An Act   to adopt and amend certain provisions of the Uniform Commercial Code relating to investment securities.

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

     SB 155   Introduced by:  Senators Whiting and Everist and Representatives Broderick, Duniphan, and Volesky

     FOR AN ACT ENTITLED, An Act   to permit affirmation rather than notarization of certain documents.

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

     SB 156   Introduced by:  Senators Hutmacher and Paisley and Representatives Kooistra and Lucas

     FOR AN ACT ENTITLED, An Act   to allow an administrator to dispose of certain items without a formal motion of the governing body.

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

     SB 157   Introduced by:  Senators Albers, Rounds, and Symens and Representatives Moore and Putnam

     FOR AN ACT ENTITLED, An Act   to define and tax cider as an alcoholic beverage.

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


     SB 158   Introduced by:  Senators Symens, Flowers, and Munson (David) and Representatives Gleason, Cutler, Jaspers, and Schaunaman

     FOR AN ACT ENTITLED, An Act   to repeal the transfer of unobligated cash from the ethanol fuel fund.

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

     SB 159   Introduced by:  Senators Symens, Brown (Arnold), Flowers, and Munson (David) and Representatives Cutler, Crisp, Gleason, Haley, Johnson (Doug), Koetzle, Putnam, Schaunaman, Sperry, and Volesky

     FOR AN ACT ENTITLED, An Act   to revise the distribution of revenue from the petroleum release compensation and tank inspection fee.

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

     SB 160   Introduced by:  Senators Whiting and Halverson and Representatives Hagg and Duniphan

     FOR AN ACT ENTITLED, An Act   to revise and strengthen licensing qualifications, fees, and penalties for bail bondspersons and runners.

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

     SB 161   Introduced by:  Senators Symens, Dennert, Frederick, and Johnson (William) and Representatives Diedrich, Crisp, Jaspers, Schaunaman, and Wetz

     FOR AN ACT ENTITLED, An Act   to appropriate money for the Northern Crops Institute.

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

     SB 162   Introduced by:  Senators Symens, Flowers, Hunhoff, Hutmacher, Lange, and Reedy and Representatives Gleason, Crisp, Cutler, Jaspers, Lee, Sperry, and Weber

     FOR AN ACT ENTITLED, An Act   require the Transportation Commission to provide for state highways to all state parks and state recreation areas.

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

     SB 163   Introduced by:  Senators Symens, Hutmacher, and Olson and Representatives Gleason, Cutler, Jaspers, Lockner, and Lucas


     FOR AN ACT ENTITLED, An Act   to clarify eligibility of a school district to receive certain state funds.

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

     SB 164   Introduced by:  Senators Rounds, Brosz, Brown (Arnold), and Reedy and Representatives Roe, Broderick, Chicoine, Smidt, and Solum

     FOR AN ACT ENTITLED, An Act   to allow municipalities to operate an electric utility system beyond its corporate limits under certain circumstances.

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

     SB 165   Introduced by:  Senators Halverson, Dunn (Jim), Everist, Hainje, Shoener, Staggers, Vitter, and Whiting and Representatives Gabriel, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Pederson (Gordon), and Roe

     FOR AN ACT ENTITLED, An Act   to provide an exemption from the Uniform Unclaimed Property Act for certain unredeemed gift certificates.

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

     SB 166   Introduced by:  Senator Hunhoff and Representative Munson (Donald)

     FOR AN ACT ENTITLED, An Act   to place certain restrictions on the ownership of livestock feedlots by certain livestock processors.

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

     SB 167   Introduced by:  Senators Hunhoff, Albers, Everist, Lawler, and Munson (David) and Representatives Jorgensen, Crisp, Cutler, Duniphan, Fischer-Clemens, and Moore

     FOR AN ACT ENTITLED, An Act   to define child abuse and provide a penalty therefor.

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

     SB 168   Introduced by:  Senators Shoener and Brown (Arnold) and Representatives Fischer- Clemens and Roe

     FOR AN ACT ENTITLED, An Act   to allow organizations subject to the provisions of the insurance laws of this state to incorporate as a nonprofit organization.


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

     SB 169   Introduced by:  Senators Staggers, Aker, Brosz, Drake, and Flowers and Representatives Peterson (Bill) and Munson (Donald)

     FOR AN ACT ENTITLED, An Act   to provide for the donation of accrued vested leave among state employees.

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

     SB 170   Introduced by:  Senators Reedy, Brosz, Dunn (Rebecca), Flowers, Ham, Kloucek, Lange, Lawler, Staggers, and Vitter and Representatives Chicoine, Collier, Fischer-Clemens, Hagen, Haley, Koskan, Pederson (Gordon), Schaunaman, Sokolow, Solum, Van Gerpen, Volesky, and Weber

     FOR AN ACT ENTITLED, An Act   to implement the program for advanced payment of university tuition costs.

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

     SJR 2   Introduced by:  Senators Halverson and Symens and Representatives Haley and McNenny

     A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to permit the investment of the permanent school funds in certain stocks, bonds, mutual funds, and other financial instruments.

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

     SJR 3   Introduced by:  Senators Aker, Albers, Drake, Frederick, Halverson, Staggers, Vitter, and Whiting and Representatives Hassard, Apa, Crisp, Diedrich, Madden, Napoli, Pummel, Van Gerpen, Wick, and Windhorst

     A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to public employment, public education, and public contracting.

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



SECOND READING OF CONSENT CALENDAR ITEMS


     SB 13   :   FOR AN ACT ENTITLED, An Act   to revise the State Board of Elections' rule- making authority.

     Was read the second time.

     The question being "Shall SB 13 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; 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.

     SB 54   :   FOR AN ACT ENTITLED, An Act   to revise the definition of real estate salesperson.

     Was read the second time.

     The question being "Shall SB 54 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

     Excused were:
Valandra


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

     SB 60   :   FOR AN ACT ENTITLED, An Act   to revise the administrative rule process to reduce the number of document copies an agency must file when incorporating outside materials into administrative rules.

     Was read the second time.

     The question being "Shall SB 60 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; 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.

     SB 61   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the regulation of fireworks.

     Was read the second time.

     The question being "Shall SB 61 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; 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.

     SB 62   :   FOR AN ACT ENTITLED, An Act   to establish the suspension periods for certain violations of traffic laws and for fraudulently using a driver license or nondriver identification card.

     Was read the second time.

     The question being "Shall SB 62 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; 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.

     SB 63   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding unprofessional conduct by real estate licensees.

     Was read the second time.

     The question being "Shall SB 63 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; 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.

     SB 65   :   FOR AN ACT ENTITLED, An Act   to revise the advertising restrictions for real estate licensees.

     Was read the second time.

     The question being "Shall SB 65 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; 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.

     SB 66   :   FOR AN ACT ENTITLED, An Act   to increase the number of days a notice of intent to revoke a driver's license may function as a temporary driver's license following an arrest involving a refusal to submit to chemical analysis.

     Was read the second time.

     The question being "Shall SB 66 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 5   :   FOR AN ACT ENTITLED, An Act   to provide a procedure to withdraw an initiative or referendum from the ballot.

     Was read the second time.

     Sen. Rounds moved that SB 5 be deferred until Thursday, January 22, the 8th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 29   :   FOR AN ACT ENTITLED, An Act   to revise the circumstances under which a school district may charge a fee for school bus transportation services.

     Was read the second time.

     The question being "Shall SB 29 pass?"

     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent and Not Voting 0

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

     Nays were:
Dennert; Flowers; Halverson; Kloucek; Lawler; Olson; Reedy; Symens; Vitter

     Excused were:
Morford; 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 4   :   FOR AN ACT ENTITLED, An Act   to revise the requirements for providing voter registration lists.

     Was read the second time.

     The question being "Shall SB 4 pass?"

     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Brosz; Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Reedy; Rounds; Shoener; Staggers; Symens; Whiting

     Nays were:
Aker; Brown (Arnold); Drake; Dunn (Jim); Ham; Johnson (William); Olson; Paisley; Vitter

     Excused were:
Benson; 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 18   :   FOR AN ACT ENTITLED, An Act   to provide that any child placed in the Human Services Center is in the guardianship of the secretary of the Department of Human Services.

     Was read the second time.

     The question being "Shall SB 18 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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:
Benson; 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 26   :   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding the operation and administration of crematories.

     Was read the second time.

     The question being "Shall SB 26 pass?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent and Not Voting 0

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

     Nays were:
Hutmacher; Kloucek

     Excused were:
Benson; 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 52   :   FOR AN ACT ENTITLED, An Act   to revise the powers and duties of the State Investment Council and the state investment officer with respect to the permanent school and other educational funds.

     Was read the second time.

     The question being "Shall SB 52 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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:
Benson; 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 70   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the median level of assessment for property tax purposes.

     Was read the second time.

f-70

     Sen. Paisley moved that SB 70 be amended as follows:

     On page 1 , line 11 of the printed bill , delete " years " and insert " year's " .

     On page 1 , line 11 , after " use " insert " the " .

     Which motion prevailed and SB 70 was so amended.

f-70a

     Sen. Paisley moved that SB 70 be further amended as follows:

     On page 1 , line 12 of the printed bill , after " counties " insert " if there are less than fifteen sales " .

r-70b

     Sen. Aker moved as a substitute motion that SB 70 be further amended as follows:

     On page 1 , line 10 of the printed bill , after " equalization. " insert:

" In the case of agricultural land, sales shall be bridged in from adjoining counties if the agricultural valuations are at least twenty-five percent lower in any adjoining county and bridging the sales lowers the agricultural valuations in such county. "


     On page 1 , line 11 , delete " In the case of " .

     On page 1 , delete line 12 .

     Sen. Everist requested that Joint Rule 5-17 be invoked on SB 70.

    Which request was supported and SB 70 with Sens. Paisley's and Aker's pending motions to amend was deferred until Friday, January 23, the 9th legislative day.



     SB 31   :   FOR AN ACT ENTITLED, An Act   to provide rule-making authority to the Department of Environment and Natural Resources to carry out the requirements of the federal Safe Drinking Water Act amendments of 1996.

     Was read the second time.

     The question being "Shall SB 31 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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; Vitter; Whiting

     Excused were:
Benson; Everist; 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 35   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the discharge of certain weapons at game while in or on a motor vehicle.

     Was read the second time.

     The question being "Shall SB 35 pass?"

     And the roll being called:

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

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

     Nays were:
Ham

     Excused were:
Benson; Everist; 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 43   :   FOR AN ACT ENTITLED, An Act   to establish certain criteria for the state trunk highway system.

     Was read the second time.

     Sen. Staggers moved that SB 43 be deferred until Thursday, January 22, the 8th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 69   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning the filing of contractor's excise tax returns and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 69 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; 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:
Benson; 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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1030   :   FOR AN ACT ENTITLED, An Act   to revise and remove certain segments of the state trunk highway system.

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



     HB 1032   :   FOR AN ACT ENTITLED, An Act   to repeal certain provisions regarding quarters allowance for certain enlisted men with dependents.

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

     HB 1033   :   FOR AN ACT ENTITLED, An Act   to repeal certain provisions regarding the appointment and authority of a paymaster.

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

     HB 1038   :   FOR AN ACT ENTITLED, An Act   to repeal certain requirements regarding school bus stop arm signals.

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

     HB 1039   :   FOR AN ACT ENTITLED, An Act   to repeal the prohibition against operating a motor vehicle.

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

     HB 1055   :   FOR AN ACT ENTITLED, An Act   to revise the membership of the judicial conference.

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

     HB 1057   :   FOR AN ACT ENTITLED, An Act   to revise the method of compiling the driver's license list for purposes of jury selection.

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

     HB 1058   :   FOR AN ACT ENTITLED, An Act   to revise certain statutes relating to jury districts.

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

     HB 1059   :   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding residence and voting qualifications of magistrate judges.

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


     HB 1060   :   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding who may administer oaths.

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

     HB 1061   :   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding where proof or acknowledgment may be made before a magistrate.

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

     HB 1062   :   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding proof or acknowledgment of an instrument.

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

     HB 1075   :   FOR AN ACT ENTITLED, An Act   to authorize the towing of certain vehicles in combination by farm implement dealers under certain conditions.

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

MOTIONS AND RESOLUTIONS


     Sen. Dunn (Jim) moved that SB 161 be referred from the Committee on Agriculture and Natural Resources to the Committee on Appropriations.

     Which motion prevailed and the bill was so referred.

     Sen. Drake moved that the Senate do now adjourn, which motion prevailed, and at 3:52 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary