JOURNAL OF THE SENATE

SEVENTY-THIRD  SESSION



NINTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 23, 1998

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

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

     Roll Call: All members present except Sen. Halverson 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 eighth 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


     The President introduced Karen Hart, South Dakota Girls' State Governor, and Chris DeJong, South Dakota Boys' State Governor, who were escorted to the rostrum by Sens. Hunhoff and Rounds.

REPORTS OF STANDING COMMITTEES



MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill be amended as follows:

o-115

     On page 3 , line 11 of the printed bill , delete " No such " and insert " Such " .

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

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 93 which was tabled.


Respectfully submitted,
M. Michael Rounds, Vice Chair


Also MADAM PRESIDENT:

     The Committee on Taxation respectfully reports that it has had under consideration SB 91 and returns the same with the recommendation that said bill be amended as follows:

f-91

     On page 1 , line 11 of the printed bill , after " accumulate " insert " , uncompounded, " .

     On page 1 , line 12 , after " factor. " insert " No unused portion of the index factor may be carried forward for more than two years. " .

     And that as so amended said bill do pass.

Respectfully submitted,
Keith Paisley, Chair
Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 85 and 96 and returns the same with the recommendation that said bills do pass.



Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 79 which was tabled.


Respectfully submitted,
Fred Whiting, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1006 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1034, 1051, 1052, 1064, and 1071 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS


    SENATE PAGE RESOLUTION 1: Introduced by: Senators Aker, Albers, Benson, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebbeca), 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, and Whiting

    A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy- third Legislature of the State of South Dakota to Leah Ahles, Michelle Balfe, Allyson Friez, Kristina Grey, Jennifer Haverty, Mark Helberg, Angie Highland, Aaron Matson, Trudy Wastweet, and Mike Whitford

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

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

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

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

     Sen. Rounds moved that Senate Page Resolution 1 be adopted.

     The question being on Sen. Rounds' motion that Senate Page Resolution 1 be adopted.

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

     Excused were:
Flowers; Halverson

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

     HCR 1006   :   A CONCURRENT RESOLUTION,   Promoting increased public awareness and understanding in South Dakota concerning learning disabilities.

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

     Sen. Paisley moved that SB 142 be referred from the Committee on Taxation to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.

     Sen. Paisley moved that SB 180 be referred from the Committee on Local Government to the Committee on Taxation.

     Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Commerce on SB 53 as found on page 162 of the Senate Journal; also

     Commerce on SB 82 as found on page 161 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 184   Introduced by:  Senators Brosz, Albers, Drake, and Vitter and Representatives Moore, Brown (Jarvis), Konold, Matthews, Smidt, and Solum

     FOR AN ACT ENTITLED, An Act   to require a criminal history check for certain employees or potential employees of nursing facilities.

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

     SB 185   Introduced by:  Senator Aker and Representatives Wick and Windhorst

     FOR AN ACT ENTITLED, An Act   to prohibit any union or association from receiving any money through an automatic payroll deduction for the purpose of contributing the money to a political action committee or political party.

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

     SB 186   Introduced by:  Senators Kloucek, Dunn (Rebecca), Flowers, Hunhoff, Hutmacher, Lange, Lawler, Morford, Olson, Reedy, and Valandra and Representatives Fischer-Clemens, Barker, Chicoine, Collier, Davis, Kazmerzak, Koetzle, Lucas, Moore, and Weber

     FOR AN ACT ENTITLED, An Act   to ensure that enrollees receive health care services under certain managed care systems.

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

     SB 187   Introduced by:  Senators Symens, Halverson, and Munson (David) and Representatives Weber, Fischer-Clemens, and Gleason

     FOR AN ACT ENTITLED, An Act   to revise the circumstances under which an out-of-state bank may establish and maintain a branch in South Dakota.

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

     SB 188   Introduced by:  Senators Dunn (Rebecca), Hutmacher, Lange, Lawler, Olson, and Reedy and Representatives Cerny, Collier, Lee, Lockner, Lucas, and Sperry

     FOR AN ACT ENTITLED, An Act   to appropriate additional funding to the state film library.

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

     SB 189   Introduced by:  Senators Dunn (Rebecca), Flowers, Hunhoff, Hutmacher, Lange, Lawler, Olson, and Reedy and Representatives Haley, Collier, Davis, Fischer-Clemens, Kazmerzak, Lee, Lockner, Lucas, Sperry, and Volesky

     FOR AN ACT ENTITLED, An Act   to provide for certain scholarship programs and make an appropriation therefor.

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

     SB 190   Introduced by:  Senators Paisley and Olson and Representative Brown (Richard)

     FOR AN ACT ENTITLED, An Act   to revise the funding of special education.

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

     SB 191   Introduced by:  Senators Dennert, Benson, Frederick, and Reedy and Representatives Cutler, Koskan, Lee, Schaunaman, Schrempp, Sperry, and Waltman

     FOR AN ACT ENTITLED, An Act   to establish certain ratios for the purpose of levying taxes to pay for school district bonds.

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

     SB 192   Introduced by:  Senators Dennert, Benson, Frederick, and Reedy and Representatives Cutler, Koskan, Lee, Schaunaman, Schrempp, Sperry, and Waltman

     FOR AN ACT ENTITLED, An Act   to establish certain ratios for the purpose of levying taxes for the capital outlay fund of a school district.

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

     SB 193   Introduced by:  Senators Staggers, Aker, Albers, Dennert, Flowers, Hainje, Lange, and Vitter and Representatives Windhorst, Broderick, Duenwald, Hassard, Madden, Napoli, Peterson (Bill), Van Gerpen, Weber, Wetz, and Wick

     FOR AN ACT ENTITLED, An Act   to prohibit the taxation of United States postage.

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

     SB 194   Introduced by:  Senators Staggers, Aker, Brown (Arnold), Dennert, Drake, Flowers, Hainje, Lange, and Rounds and Representatives Van Gerpen, Duenwald, Hassard, Madden, Napoli, Peterson (Bill), Rost, Smidt, Weber, Wetz, and Wick

     FOR AN ACT ENTITLED, An Act   to authorize certain doctoral graduates to teach without teaching certificates.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Staggers requested that SB 72 be removed from the Consent Calendar.

     SB 2   :   FOR AN ACT ENTITLED, An Act   to provide a procedure for assessing flooded land for taxation purposes.

     Was read the second time.

     The question being "Shall SB 2 pass as amended?"

     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; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson; Morford

     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 24   :   FOR AN ACT ENTITLED, An Act   to change the name of the South Dakota School for the Visually Handicapped to the South Dakota School for the Blind and the Visually Impaired.

     Was read the second time.

     The question being "Shall SB 24 pass as amended?”"

     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; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson; Morford

     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 76   :   FOR AN ACT ENTITLED, An Act   to establish the last Friday in April as Arbor Day.

     Was read the second time.

     The question being "Shall SB 76 pass?"

     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; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson; Morford

     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 81   :   FOR AN ACT ENTITLED, An Act   to define the roads shown on the map prepared by the county auditor.

     Was read the second time.

     The question being "Shall SB 81 pass?"

     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; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson; Morford

     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 109   :   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 second time.

     The question being "Shall SB 109 pass?"

     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; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson; Morford

     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 30   :   FOR AN ACT ENTITLED, An Act   to provide for the proper disposal of waste tires and to provide for penalties for any violation thereof.

     Was read the second time.

     The question being "Shall SB 30 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; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson

     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.

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

     Sen. Staggers moved that SB 43 be referred to the Committee on Transportation.

     Which motion prevailed and the bill was so referred.

     SB 56   :   FOR AN ACT ENTITLED, An Act   to revise the requirements for individual and group health insurance availability and portability.

     Was read the second time.

     The question being "Shall SB 56 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Staggers

     Excused were:
Frederick; Halverson

     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 67   :   FOR AN ACT ENTITLED, An Act   to prohibit any person under the age of twenty-one from operating a motor vehicle if there is alcohol present in the person's blood or after consuming marijuana or any controlled drug or substance.

     Was read the second time.

     Sen. Staggers moved that SB 67 be referred to the Committee on Transportation.

     Which motion prevailed and the bill was so referred.

     SB 75   :   FOR AN ACT ENTITLED, An Act   to require that school officials be notified of certain student alcohol violations.

     Was read the second time.

j-75

     Sen. Drake moved that SB 75 be amended as follows:

     On page 1 , line 9 of the printed bill , after " drugs " insert " which resulted in a court petition " .

     Sen. Kleven moved that SB 75 with Sen. Drake's pending motion to amend be referred to the Committee on Judiciary.

     Which motion prevailed and the bill was so referred.

     SB 36   :   FOR AN ACT ENTITLED, An Act   to revise the crime of indecent exposure.

     Was read the second time.

     The question being "Shall SB 36 pass as amended?"

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

     Excused were:
Dunn (Jim); Halverson; Paisley

     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.

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

    The question being on Sens. Paisley's and Aker's pending motions to amend SB 70 as found on page 154 of the Senate Journal.

     Sen. Aker moved that SB 70 and the pending motions to amend be deferred until Monday, January 26, the 10th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 110   :   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 second time.

     The question being "Shall SB 110 pass?"

     And the roll being called:

     Yeas 32, Nays 1, 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; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Staggers

     Excused were:
Halverson; Paisley

     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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1034   :   FOR AN ACT ENTITLED, An Act   to revise the rule-making authority of the Animal Industry Board, to provide for promulgation of certain rules with regard to chronic wasting disease in cervidae, and to declare an emergency.

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

     HB 1051   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the taxation of manufactured housing as real property.

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

     HB 1052   :   FOR AN ACT ENTITLED, An Act   to revise certain requirements regarding the sale of a mobile home or manufactured homes by a dealer or a real estate salesperson or broker.

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

     HB 1064   :   FOR AN ACT ENTITLED, An Act   to revise certain statutes relating to the authority of the Supreme Court to provide for accounting systems for the accountability of fiduciary funds.

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

     HB 1071   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning the availability of circuit judges in county seats.

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

     Sen. Brosz moved that the Senate do now adjourn, which motion prevailed, and at 2:20 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary