Senate Journal 01/28/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

TWELFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 28, 1998

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by Senate page Chris Maunu.

     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 eleventh day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,

HAROLD W. HALVERSON, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 151 and returns the same with the recommendation that said bill be amended as follows:

f-151

On page 2 , line 10 of the printed bill , overstrike " eighteen " and insert " fifty " .

o-151t

On page 1 , line 2 of the printed bill , after " circumstances " insert " and to authorize certain larger lottery prizes " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 84 and returns the same with the recommendation that said bill be amended as follows:

o-84

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That subdivision (24) of § 7-12-18 be amended to read as follows:

(24) If personal property is taken by the sheriff on execution or warrant of attachment and applied in the satisfaction of the debt without sale, the same percentage on the appraised value of the property as in the case of a sale and any actual costs incurred in executing the duties of sheriff under this chapter . "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 87 and 174 which were tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 1 and 142 which were deferred to the 36th legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 90 and returns the same with the recommendation that said bill be amended as follows:

f-90

On page 1 , after line 15 of the printed bill , insert:

" Section 2. That § 10-12-43 be amended to read as follows:

10-12-43. The governing body of the school district may raise additional revenues for general fund purposes only, from property tax through the imposition of an excess tax levy. The governing body of a school district may impose the excess tax levy with an affirmative two-thirds vote of the governing body on or before July fifteenth of the year prior to the year the taxes are payable. The governing body of the school district shall specify in the resolution if the excess tax levy is for one year or on a continuing basis. The resolution showing the decision of the governing body to originally impose or subsequently increase an excess tax levy shall be published within ten days of the decision. The decision may be referred upon a petition signed by at least five percent of the registered voters in the school district and filed with the governing body within twenty days of the publication of the decision. The referendum election shall be held on or before October first of the year prior to the time the taxes are payable. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 6, 99, and 126 which were deferred to the 36th legislative day.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 105, 106, 107, and 133 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 132 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 Judiciary respectfully reports that it has had under consideration SB 138 and returns the same with the recommendation that said bill be amended as follows:

j-138a

On page 1 , line 10 of the printed bill , remove the overstrikes from " ~~eighteen~~ " .

On page 1 , line 10 , delete " twenty " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 134 and returns the same with the recommendation that said bill be amended as follows:

r-134

On page 1 , line 12 of the printed bill , delete " In the top management of tribal commercial enterprises " and insert " As an executive officer of a tribal commercial enterprise " .

On page 1 , line 15 , after " responsibilities " insert " , to the extent that such criminal history record information is not available through the Bureau of Indian Affairs by means of the Indian Child Protection and Family Violence Act " .

On page 2 , line 4 , after " position " insert " listed in section 1 of this Act " .

On page 2 , line 11 , after " applicant " insert " or position holder " .

On page 2 , line 14 , delete " section " and insert " Act " .

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

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 153 which was tabled.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 125 which was deferred to the 36th legislative day.

Respectfully submitted,
Alan Aker, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1048, 1049, 1054, 1120, 1121, 1155, 1176, and 1200 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1007 : A CONCURRENT RESOLUTION, Urging awareness and support for reading and reading programs in our homes and communities.

     Sen. Olson moved that the Senate do concur in HCR1007 as found on page 196 of the House Journal.

     The question being on Sen. Olson's motion that the Senate do concur in HCR1007.

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR1007 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on SB 34 as found on page 210 of the Senate Journal; also

     Transportation on SB 117 as found on page 212 of the Senate Journal; also

     Commerce on SB 118 as found on page 211 of the Senate Journal; also

     Transportation on SB 137 as found on page 212 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 116 : FOR AN ACT ENTITLED, An Act to authorize dealers of manufactured homes and mobile homes to operate certain auxiliary lots.

Was read the second time.

The question being "Shall SB 116 pass?"

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

Was read the second time.

     The question being "Shall SB 148 pass?"

     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 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 168 : 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 second time.

The question being "Shall SB 168 pass?"

And the roll being called:

SB 181 : FOR AN ACT ENTITLED, An Act to revise the state auditor's authority to allow the restoration of a fund from which a loan is made.

Was read the second time.

     The question being "Shall SB 181 pass?"

     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 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.

HB 1031 : FOR AN ACT ENTITLED, An Act to exclude hours paid to patient employees under the control of the Department of Military and Veterans Affairs from the definition of full- time equivalent.

Was read the second time.

The question being "Shall HB 1031 pass?"

And the roll being called:

HONORED GUESTS

Sen. Kleven introduced Denise L. Bryan, Belle Fourche, South Dakota's 1998 Teacher of the Year.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 96 : FOR AN ACT ENTITLED, An Act to prohibit assaults by any person held in a county or municipal jail or a juvenile detention facility.

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

The question being on Sen. Hainje's pending motion to amend SB 96 as found on page 205 of the Senate Journal.

Sen. Hainje moved that his pending motion to amend SB 96 be withdrawn.

There being no objection, the motion to amend SB 96 was withdrawn.

     The question now being "Shall SB 96 pass?"

     And the roll being called:

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

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

Nays were:
Benson; Everist; Hainje

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 78 : FOR AN ACT ENTITLED, An Act to revise the powers and organizational structure of drainage basin utility districts.

Was read the second time.

f-78

Sen. Aker moved that SB 78 be further amended as follows:

On page 6 , delete lines 12 to 17 of the Senate Local Government committee engrossed bill , inclusive .

Sen. Aker requested a roll call vote.

    Which request was supported.

     The question being on Sen. Aker's motion that SB 78 be further amended.

     And the roll being called:

     Yeas 12, Nays 21, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brosz; Hainje; Ham; Johnson (William); Kleven; Munson (David); Rounds; Shoener; Vitter; Whiting

Nays were:
Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Frederick; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Paisley; Reedy; Staggers; Symens; Valandra

Excused were:
Dunn (Jim); Halverson

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

Sen. Aker moved that SB 78 be referred to the Committee on Local Government.

Which motion prevailed and the bill was so referred.

SB 130 : FOR AN ACT ENTITLED, An Act to provide for the regulation of certain motor carriers.

Was read the second time.

o-130

Sen. Hutmacher moved that SB 130 be amended as follows:

On page 2 , line 4 of the printed bill , delete " not satisfying " and insert " are exempt from " .

On page 2 , line 4 , delete " shall make " .

On page 2 , delete lines 5 to 7 , inclusive .

On page 2 , line 8 , delete everything before " . "

Which motion prevailed and SB 130 was so amended.

     The question now being "Shall SB 130 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent and Not Voting 0

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

Nays were:
Benson; Drake; Kloucek; Staggers

Excused were:
Dunn (Jim)

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

Was read the second time.

Sen. Flowers moved that SB 140 be deferred until Tuesday, February 3, the 16th legislative day.

Which motion prevailed and the bill was so deferred.

SB 150 : 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 second time.

     The question being "Shall SB 150 pass?"

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

Was read the second time.

     The question being "Shall SB 154 pass?"

     And the roll being called:

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

     Yeas were:
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

Nays were:
Aker

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 1048 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Board of Counselor Examiners and the regulation of counseling.

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

HB 1049 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of certain counselors and to repeal certain provisions relating to the licensing of counselor associates.

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

HB 1054 : FOR AN ACT ENTITLED, An Act to revise the definition of consanguinity and affinity in challenges for cause in jury trials.

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

HB 1120 : FOR AN ACT ENTITLED, An Act to provide for a graduated licensing system.

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

HB 1121 : FOR AN ACT ENTITLED, An Act to provide for the contracting of legal services for indigent defense and to create a lien in support thereof.

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

HB 1155 : FOR AN ACT ENTITLED, An Act to exempt certain purchases and leases of communications and computer technologies and equipment from bidding requirements.

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

HB 1176 : FOR AN ACT ENTITLED, An Act to revise certain weight restrictions for anhydrous ammonia tank trailers.

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

HB 1200 : FOR AN ACT ENTITLED, An Act to establish a holiday to observe the ratification of the Bill of Rights.

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

COMMEMORATIONS

SC 5 Introduced by: Senators Kloucek, Daugaard, Dennert, Dunn (Rebecca), Everist, Flowers, Hainje, Hunhoff, Hutmacher, Lawler, Morford, Olson, Reedy, Rounds, and Valandra and Representatives Moore, Chicoine, Crisp, Duxbury, Koetzle, Kooistra, Munson (Donald), Putnam, Van Gerpen, Wetz, and Windhorst

A LEGISLATIVE COMMEMORATION, Recognizing and commending the historic 40th Annual Schmeckfest in Freeman, South Dakota.

WHEREAS, the 40th Annual Schmeckfest, hosted by the Freeman Academy Auxiliary, celebrates the rich cultural heritage, customs, and language that the German immigrants transplanted from their homeland to enrich their new home in South Dakota; and

WHEREAS, many cultural exhibits, including sausage-making, basket weaving, arts and craft booths, and antiques will be on display; and many delicious ethnic foods, including poppy seed, dried fruit, and cottage cheese delicacies will be served; and

WHEREAS, the Heritage Hall Museum Complex, including community artifacts and memorabilia and four historic buildings, will be open daily; and the Freeman Academy Alumni will present a short program to entertain and share information with visitors each afternoon; and the Freedom Community Playhouse will present the musical "Annie" on March 19-21:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that the Legislature commends the people of Freeman, South Dakota, and the surrounding area, for their outstanding traditional Schmeckfest Celebration and invites all South Dakotans to participate in the 40th Annual Schmeckfest on March 19, 20, and 21, 1998.

Sen. Shoener moved that the Senate do now adjourn, which motion prevailed, and at 2:58 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary