Senate Journal 01/30/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

FOURTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 30, 1998

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by Senate page Wendy Semmler.

     Roll Call: All members present except Sen. Hainje 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 thirteenth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,

HAROLD W. HALVERSON, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 179 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 State Affairs respectfully reports that it has had under consideration SJR 2 and returns the same with the recommendation that said bill be amended as follows:

r-j2

On page 1 , line 8 of the printed resolution , delete " 7, " .

On page 1 , line 9 , delete " 5, and 6 " and insert " and 5 " .

On page 2 , delete lines 22 to 24 , inclusive .

On page 3 , delete lines 1 to 9 , inclusive .

On page 3 , line 12 , overstrike " and other educational funds " and insert " fund " .

On page 3 , line 17 , overstrike " or other educational funds " and insert " fund " .

r-j2t

On page 1 , line 3 of the printed resolution , delete " school funds " and insert " school fund " .

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

o-210b

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

" Section 1. The Commission of Gaming on or about July 15, 1998, shall transfer one hundred seventy-five thousand dollars from the special racing revolving fund and seventy-five

thousand dollars from the South Dakota-bred racing fund to the Department of Social Services to provide grants to qualifying contractors according to the provisions of § § 25-10-26 to 25-10- 33, inclusive.

Section 2. The Commission of Gaming on or about July 15, 1998, shall transfer seventy thousand dollars from the special racing revolving fund and thirty thousand dollars from the South Dakota-bred racing fund to the Department of Social Services to provide grants to qualifying providers according to the provisions of § § 28-1-60 to 28-1-63, inclusive.

Section 3. There is hereby appropriated the sum of three hundred fifty thousand dollars ($350,000) of other fund expenditure authority, or so much thereof as may be necessary, to the Department of Social Services to make grants as provided by sections 1 and 2 of this Act.

Section 4. The secretary of social services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 5. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 1999, shall revert in accordance with § 4-8-21. "

o-210t

On page 1 , line 1 , delete " to revise the distribution of funds from racing, " .

On page 1 , line 2 , delete " South Dakota racing " and insert " special racing revolving fund and the South Dakota-bred racing " .

On page 1 , line 3 , delete " , " .

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

o-97b

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

" Section 1. The exemption for lineal issue provided for in subdivision 10-40-23(3) is for estates of decedents dying:

             (1)    From July 1, 1998 to June 30, 1999, inclusive, forty thousand dollars;
    (2)    From July 1, 1999 to June 30, 2000, inclusive, fifty thousand dollars;
    (3)    From July 1, 2000 to June 30, 2001, inclusive, sixty thousand dollars;
    (4)    From July 1, 2001 to June 30, 2002, inclusive, seventy thousand dollars;
    (5)    From July 1, 2002 to June 30, 2003, inclusive, eighty thousand dollars;

(6) From July 1, 2003 to June 30, 2004, inclusive, ninety thousand dollars; and
(7) From July 1, 2004 and thereafter, one hundred thousand dollars. "

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 202 which was tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 1 which was deferred to the 36th legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 141 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 139 and returns the same with the recommendation that said bill be amended as follows:

r-139

On page 3 , line 5 of the printed bill , overstrike " hospital " and insert " licensed health care facility " .

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

t-144

On page 1 , line 5 of the printed bill , delete " the " .

r-144

On page 1 , line 10 of the printed bill , after " The " insert " recoverable " .

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

j-145

On page 1 , delete lines 4 to 16 of the printed bill , inclusive , and insert:

" 10-25-5. Personal service of the notice shall be served upon the owner of record of the real property, upon the person in possession of the real property, and upon the person in whose name the real property is taxed in the manner provided by law for the service of summons ~~shall be made upon the~~ . All other persons mentioned in § § 10-25-3 and 10-25-4 ~~as reside within the state. However, if any of the persons are nonresidents of the state,~~ may be served in the manner provided by law for the service of summons or the notice may be served ~~upon the nonresidents~~ by publishing the notice once a week for at least two successive weeks in ~~some~~ a newspaper printed in the county where the real property is situated, and if no newspaper is printed in the county, in the nearest legal newspaper printed in the state. In addition to the service by publication , the holder of the tax certificate shall ~~cause to be sent to the persons so~~ send to any person served by publication a true copy of ~~such~~ the notice through the United States mails, properly addressed, to the last known address of ~~each of the persons~~ the person . The notice to the mortgagee or ~~his~~ the mortgagee's assignee shall be directed to ~~such~~ the mortgagee or assignee to ~~his~~ the address ~~as the same appears~~ appearing in the mortgage of record, or in the assignment thereof. The notice to a lienholder or to any other interested person as may appear from the records in the office of the register of deeds, the county treasurer , or the clerk of courts shall be sent to the last known address of ~~each~~ the person. The notice shall be sent by registered or certified mail , return " .

On page 2 , delete lines 1 and 2 .

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

t-75

On page 1 , line 5 of the printed bill , remove the overstrikes from " ~~may~~ " .

On page 1 , line 5 , delete " shall " .

On page 1 , after line 11 , insert:

" Section 2. That chapter 26-11 be amended by adding thereto a NEW SECTION to read as follows:

If any law enforcement agency has probable cause to believe that a school student has violated any provision of state law involving alcohol or illegal drugs, the law enforcement agency shall notify, in writing, the public or private school at which the student is enrolled if the alleged violation resulted in a juvenile court petition. "

r-75

In section 2 of the previously adopted amendment, delete "juvenile".

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 167 which was tabled.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 103 and returns the same with the recommendation that said bill be amended as follows:

f-103

On page 1 , delete lines 10 to 15 of the printed bill , inclusive .

On page 2 , delete lines 1 and 2 .

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 98, 191, and 192 which were deferred to the 36th legislative day.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill do not pass as amended.

o-68

On page 2 , line 5 of the printed bill , overstrike " 1966 " and insert " September 1, 1973 " .

o-68c

On page 1 , line 14 of the printed bill , after " offense. " insert " Enforcement of subdivision (2) of this section by state or local law enforcement agencies shall be accomplished as a secondary action. "

Respectfully submitted,
Kermit Staggers, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1029, 1067, 1087, 1102, 1115, 1131, 1139, 1209, and 1245 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2: 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 Kristen Coster, Jenny Dempster, Shanna Finnegan, Eric Henning, Tom Hettich, Courtney Johnson, Clarice Jones, Chris Maunu, Stephanie Sealey, Wendy Semmler, and Lisa Spotted Tail

WHEREAS, the above named served loyally as pages for the Senate of the Seventy-third Legislature for five 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 2 be adopted.

     The question being on Sen. Rounds' motion that Senate Page Resolution 2 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; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Hainje

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

Sen. Staggers moved that the Committee on State Affairs be instructed to deliver SJR 1 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Retirement Laws on SB 44 as found on page 241 of the Senate Journal; also

     Education on SB 152 as found on page 241 of the Senate Journal; also

     Commerce on SB 187 as found on page 240 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 46: FOR AN ACT ENTITLED, An Act to increase the time period to choose additional survivor protection coverage under the South Dakota Retirement System.

Was read the second time.

     The question being "Shall SB 46 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; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting