Senate Journal 02/03/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

SIXTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 3, 1998

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

     The prayer was offered by the Chaplain, Father Darrell Lamberty, followed by the Pledge of Allegiance led by Senate page Jeremy Smith.

     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 fifteenth 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.

COMMUNICATIONS AND PETITIONS

January 26, 1998

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Mac McCracken, Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority.

This appointment is effective immediately, and shall continue until January 21, 2002.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on State Affairs.

January 22, 1998

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 33-1-10.1 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Ronald W. Mielke, Minnehaha County, Sioux Falls, South Dakota, Assistant Adjutant General, Air.

This appointment is effective August 1, 1998, and shall continue until July 31, 1999.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on State Affairs.

January 27, 1998

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 20-13-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Lori Nicholson, Minnehaha County, Sioux Falls, South Dakota, to the Commission on Human Rights.

This appointment is effective immediately, and shall continue until June 30, 2001.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on State Affairs.

January 27, 1998

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Robert J. Schreiner, Grant County, Milbank, South Dakota, to the South Dakota Railroad Authority.

This appointment is effective immediately, and shall continue until January 18, 1999.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 171 and HB 1030, 1038, 1039, 1075, and 1081 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 231 which was deferred to the 36th legislative day.

Respectfully submitted,
Kermit Staggers, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1044, 1048, 1156, and 1172 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1042 and returns the same with the recommendation that said bill be amended as follows:

j-1042d

On page 2 , line 24 of the House Commerce committee engrossed bill , after " dollars. " insert " If the application of an existing licensee is for an additional location, the application need only include the location and identity of the location manager, plus any changes from the existing license, or such other information the director may consider necessary. " .

On page 3 , delete lines 1 to 4 , inclusive .

On page 3 , delete lines 21 to 24 , inclusive .

On page 5 , between lines 8 and 9 , insert:

" Section 19A. Any money received by the division pursuant to this Act shall be deposited in the banking revolving fund. "

On page 5 , line 12 , delete everything after " dollars. " .

On page 5 , delete line 13 .

On page 5 , line 15 , delete " 20 " and insert " 19 " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 223 and returns the same with the recommendation that said bill be amended as follows:

j-223

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

" Section 1. That § 58-17-88 be amended to read as follows:

58-17-88. If a health insurance policy that is issued or renewed on or after July 1, 1996, provides maternity coverage, the policy shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in § 58-17-89. Any policy that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

Section 2. That § 58-18-76 be amended to read as follows:

58-18-76. If a group health insurance policy that is issued or renewed on or after July 1, 1996, provides maternity coverage, the policy shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in § 58-18-77. Any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

Section 3. That § 58-18B-50 be amended to read as follows:

58-18B-50. If a health benefit plan of a small employer carrier that is issued or renewed on or after July 1, 1996, provides maternity coverage, the plan shall provide coverage for a

minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in § 58-18B-51. Any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

Section 4. That § 58-38-37 be amended to read as follows:

58-38-37. If a service or indemnity-type contract issued or renewed on or after July 1, 1996, by a nonprofit medical and surgical service plan corporation provides maternity coverage, the contract shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in § 58-38-38. Any individual policy and any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

Section 5. That § 58-40-34 be amended to read as follows:

58-40-34. If a service or indemnity-type contract issued or renewed on or after July 1, 1996, by a nonprofit hospital service plan corporation provides maternity coverage, the contract shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in § 58-40-35. Any individual policy and any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

Section 6. That § 58-41-112 be amended to read as follows:

58-41-112. If a health maintenance contract issued or renewed on or after July 1, 1996, by a health maintenance organization provides maternity coverage, the contract shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in § 58-41-113. Any individual policy and any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section. "

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

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1041 and returns the same with the recommendation that said bill be amended as follows:

j-1041a

On page 2 , line 2 of the House engrossed bill , after " who " insert " acts as an intermediary between borrower and lender in securing a mortgage loan, or " .

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

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 209 and HB 1043 which were deferred to the 36th legislative day.

Respectfully submitted,
Jerry Shoener, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1050, 1083, 1090, 1112, 1165, 1166, 1168, 1232, 1235, and 1248 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1008 and 1010 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Staggers moved that consideration of the report of the Committee on State Affairs on SJR 1 be deferred until Monday, February 9, the 20th legislative day.

Sen. Staggers requested a roll call vote.

    Which request was supported.

     The question being on Sen. Staggers' motion that consideration of the report of the Committee on State Affairs on SJR 1 be deferred until Monday, February 9, the 20th legislative day.

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Staggers; Symens; Valandra

Nays were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting

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

     Sen. Staggers moved that the word "not" be stricken from the report of the Committee on State Affairs on SJR 1 as found on page 276 of the Senate Journal and that SJR 1 be placed on today's calendar.

     The question being on Sen. Staggers' motion that the word "not" be stricken from the report of the Committee on State Affairs on SJR 1 as found on page 276 of the Senate Journal and that SJR 1 be placed on today's calendar.

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Benson; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Staggers; Symens; Valandra

Nays were:
Albers; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting

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

Sen. Staggers announced his intention to reconsider the vote by which the motion to strike the "not" from the committee report on SJR 1 was lost.

Sen. Rounds challenged the intent to reconsider the vote as being out-of-order.

SCR 3 Introduced by: Senator Aker

A CONCURRENT RESOLUTION, Endorsing federal legislation to designate the Ronald Reagan Washington National Airport.

WHEREAS, legislation has been introduced in the U.S. House of Representatives (H.R. 2625) and in the U.S. Senate (S. 1297) to redesignate Washington National Airport as Ronald Reagan National Airport; and

WHEREAS, this legislation aims to honor one of America's greatest and most loved presidents and a true world leader; and

WHEREAS, naming the travel gateway into the nation's capital after Ronald Reagan is a fitting tribute to his legacy of prosperity and freedom; and

WHEREAS, this dedication ought to be completed before Ronald Reagan's eighty-seventh birthday on February 6, 1998:

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 Legislature endorses the federal legislation to redesignate Washington National Airport as Ronald Reagan Washington National Airport and calls this effort to the attention of all state citizens.

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

HCR 1008: A CONCURRENT RESOLUTION, Requesting the United States Fish and Wildlife Service to postpone indefinitely the placement of the Topeka Shiner (Notropis topeka) on the Endangered Species List.

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

HCR 1010: A CONCURRENT RESOLUTION, Urging the United States Secretary of Agriculture to take steps to save America's family farms.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 206 as found on page 276 of the Senate Journal; also

     State Affairs on SB 225 as found on page 275 of the Senate Journal; also

     Health and Human Services on SB 227 as found on page 279 of the Senate Journal; also

     Local Government on HB 1007 as found on page 278 of the Senate Journal; also

     State Affairs on SJR 1 as found on page 276 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 242 Introduced by: The Committee on Appropriations

     FOR AN ACT ENTITLED, An Act to appropriate money for the expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and departments, for support and maintenance of the educational, charitable, and penal institutions, the South Dakota Veterans' Home, for maintenance of the state capitol, and for support and maintenance of the state guard.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 122: 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 second time.

The question being "Shall SB 122 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 198: FOR AN ACT ENTITLED, An Act to provide for the establishment of certain rights and privileges with regard to mediation proceedings.

Was read the second time.

     The question being "Shall SB 198 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 1004: FOR AN ACT ENTITLED, An Act to revise the requirements for declaration of candidacy.

Was read the second time.

The question being "Shall HB 1004 pass?"

And the roll being called:

HB 1005: FOR AN ACT ENTITLED, An Act to revise the requirements for the ballot stamp.

Was read the second time.

     The question being "Shall HB 1005 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 1032: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding quarters allowance for certain enlisted men with dependents.

Was read the second time.

The question being "Shall HB 1032 pass?"

And the roll being called:

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

Was read the second time.

     The question being "Shall HB 1033 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 1078: FOR AN ACT ENTITLED, An Act to provide for access to certain information relating to anatomical gifts.

Was read the second time.

The question being "Shall HB 1078 pass?"

And the roll being called:

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

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

Sen. Flowers moved that SB 140 be deferred until Friday, February 6, the 19th legislative day.

Which motion prevailed and the bill was so deferred.

SB 68: FOR AN ACT ENTITLED, An Act to revise the requirements relating to the use of child restraint systems in passenger vehicles.

Was read the second time.

     The question being "Shall SB 68 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, Absent and Not Voting 0

     Yeas were:
Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Kleven; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Symens; Vitter; Whiting

Nays were:
Aker; Albers; Benson; Drake; Dunn (Jim); Flowers; Frederick; Johnson (William); Kloucek; Morford; Rounds; Shoener; Staggers; 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 75: FOR AN ACT ENTITLED, An Act to require that school officials be notified of certain student alcohol violations.

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

     The question being "Shall SB 75 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; 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:
Albers

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

Was read the second time.

o-97e

Sen. Rounds moved that SB 97 be further amended as follows:

On page 1 , delete lines 5 to 11 of the Senate State Affairs committee engrossed bill , inclusive , and insert:

(1) From July 1, 1999 to June 30, 2000, inclusive, forty thousand dollars;

(2) From July 1, 2000 to June 30, 2001, inclusive, fifty thousand dollars;

(3) From July 1, 2001 to June 30, 2002, inclusive, sixty thousand dollars;

(4) From July 1, 2002 to June 30, 2003, inclusive, seventy thousand dollars;

(5) From July 1, 2003 to June 30, 2004, inclusive, eighty thousand dollars;

(6) From July 1, 2004 to June 30, 2005, inclusive, ninety thousand dollars; and

(7) From July 1, 2005 and thereafter, one hundred thousand dollars. "

Which motion prevailed and SB 97 was so amended.

f-97

Sen. Dennert moved that SB 97 be further amended as follows:

On the Senate State Affairs committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 10-40 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of chapter 10-40 do not apply to the transfer of any real or personal property from any person who dies on or after July 1, 1998. "

Sen. Vitter moved the previous question.

Which motion prevailed.

Sen. Reedy requested a roll call vote.

Which request was supported.

    The question being on Sen. Dennert's motion that SB 97 be further amended.

     And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Staggers; Symens; Valandra

Nays were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting

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

f-97c

Sen. Kloucek moved that SB 97 be further amended as follows:

On the Senate State Affairs committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 10-40-23 be amended to read as follows:

10-40-23. The following exemptions from the tax are hereby allowed:

(1) All property transferred to public corporations within the state for strictly county, township, school, or municipal purposes, all property which escheats to the State of South Dakota for the benefit of the common school permanent school fund, and all property transferred in any manner to the State of South Dakota for the benefit of any permanent school fund;

(2) Property transferred to a nonprofit hospital, nonprofit nursing facility, nonprofit foundation, elementary and secondary school, college, university, seminary of learning, church or to an organization operating the same within the state or to a health care organization or charitable, benevolent or religious society or institution or foundation as defined in § § 10-4-9 to 10-4-9.3, inclusive. However, property transferred after July 1, 1949, to any such institution or organization operating the same without the state shall also be exempt if the laws of the state, territory or country in which such institution is located at the time of the transfer contained a reciprocal exemption provision under which was allowed a similar exemption of transfers to such institutions or organization operating the same within this state;

(3) Property of the clear value of ~~thirty~~ one hundred thousand dollars transferred to each of the lineal issue of the decedent, or any child adopted as such in conformity with the laws of any state, or any stepchild, or any child to whom the decedent for not less than ten years prior to such transfer stood in mutually acknowledged relation of a parent, if such relationship began at or before the child's fifteenth birthday and was continuous for ten years thereafter, or any lineal issue of such adopted, step, or mutually acknowledged child. For purposes of this subdivision, a stepchild is any child of a decedent's spouse;

(4) Property of the clear value of ~~three~~ six thousand dollars transferred to each of the lineal ancestors of the decedent;

(5) Property of the clear value of ~~five hundred~~ one thousand dollars transferred to each of the persons described in subdivision 10-40-21(3);

(6) Property of the clear value of ~~two~~ four hundred dollars transferred to each of the persons described in subdivision 10-40-21(4);

(7) Property of the clear value of ~~one~~ two hundred dollars transferred to each of the persons and corporations described in subdivision 10-40-21(5).

Section 2. The effective date of this Act shall be July 1, 1999. "

Sen. Halverson moved that Sen. Kloucek's motion to further amend SB 97 be laid on the table.

Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Halverson's motion that Sen. Kloucek's motion to further amend SB 97 be laid on the table.

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, Absent and Not Voting 0

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

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Staggers; Symens; Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and Sen. Kloucek's motion to further amend SB 97 was laid on the table.

Sen. Frederick moved the previous question.

Which motion prevailed.

     The question being "Shall SB 97 pass as amended?"

     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.

Earlier today, Sen. Staggers announced his intention to reconsider the vote by which the motion to strike the "not" and place on the calendar SJR 1 failed.

Sen. Rounds withdrew his challenge that the announced intention was out-of-order.

The President ruled the intent to reconsider the vote on SJR 1 was in order and that the reconsideration be placed on the calendar for Wednesday, February 4, the 17th legislative day.

SB 103: FOR AN ACT ENTITLED, An Act to revise the procedure for the valuation of agricultural land.

Was read the second time.

     The question being "Shall SB 103 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; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Shoener

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 139: 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 second time.

     The question being "Shall SB 139 pass as amended?"

     And the roll being called:

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

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

Nays were:
Dunn (Rebecca); Kloucek

Excused were:
Frederick

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 144: 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 second time.

     The question being "Shall SB 144 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent and Not Voting 0

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

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lawler; Morford; Reedy

Excused were:
Everist

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

Was read the second time.

The question being "Shall SB 145 pass as amended?"

And the roll being called:

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

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

Nays were:
Dunn (Rebecca); Kloucek

Excused were:
Everist

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

Was read the second time.

     The question being "Shall SB 160 pass?"

     And the roll being called:

     Yeas 33, Nays 2, 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; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Kloucek; Staggers

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

SB 177: FOR AN ACT ENTITLED, An Act to revise and clarify certain provisions concerning the regulation of pornography and obscenity.

Was read the second time.

r-177

Sen. Aker moved that SB 177 be amended as follows:

On page 2 , line 3 of the printed bill , remove the overstrikes from " ~~of the~~ " .

On page 2 , remove the overstrikes from line 4 .

On page 2 , line 5 , remove the overstrikes from " ~~state~~ " .

On page 5 , line 2 , remove the overstrikes from " ~~when~~ " .

On page 8 , after line 6 , insert:

" Section 15. That § 21-8-18 be repealed.

21-8-18. The final order or judgment of injunction shall not enjoin or prohibit a person from selling, distributing or promoting matter which is harmful to minors, to persons other than minors, nor shall it order the seizure and destruction of matter harmful to minors unless the court finds that the person was selling, distributing or promoting, or intends to sell, distribute or promote such matter to minors. "

t-177b

Sen. Olson moved as a substitute motion that SB 177 be amended as follows:

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

On page 1 , line 5 , delete " Other than the exceptions " .

On page 1 , line 6 , remove the overstrikes from " ~~chapter~~ " .

On page 1 , line 6 , delete " Act " .

On page 1 , line 7 , overstrike " However, the county or municipality " .

On page 1 , line 8 , delete " Act " .

On page 1 , overstrike line 8 .

On page 1 , delete lines 9 to 15 , inclusive .

On page 2 , delete lines 1 to 24 , inclusive .

On page 3 , delete lines 1 to 24 , inclusive .

On page 4 , delete lines 1 to 24 , inclusive .

On page 5 , delete lines 1 to 24 , inclusive .

On page 6 , delete lines 1 to 24 , inclusive .

On page 7 , delete lines 1 to 4 , inclusive .

On page 7 , delete lines 8 to 24 of the printed bill , inclusive .

On page 8 , delete lines 1 to 6 , inclusive .

On page 8 , after line 6 , insert:

" Section 15. That § 22-22-23.1 be amended to read as follows:

22-22-23.1. Any person who knowingly possesses any book, magazine, pamphlet, slide, photograph or film depicting a minor under the age of eighteen years engaging in a prohibited sexual act or in the simulation of such act or whose knowing possession encourages, aids, abets or entices any person to commit a "prohibited sexual act" is guilty of a ~~Class 1 misdemeanor~~ Class 6 felony . "

Sen. Olson requested a roll call vote.

    Which request was supported.

     The question being on Sen. Olson's substitute motion that SB 177 be amended.

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0

     Yeas were:
Benson; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Aker; Albers; Brosz; Brown (Arnold); Daugaard; Drake; Halverson; Rounds; Shoener

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 177 was so amended.

Sen. Aker moved that SB 177 be deferred until Wednesday, February 4, the 17th legislative day.

Which motion lost.

The question now being "Shall SB 177 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; 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; Staggers; Symens; Vitter; Whiting

Nays were:
Albers; Shoener; 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 178: FOR AN ACT ENTITLED, An Act to revise certain provisions related to involuntary commitment for alcohol or drug treatment.

Was read the second time.

Sen. Everist moved that SB 178 be deferred until Wednesday, February 4, the 17th legislative day.

Which motion prevailed and the bill was so deferred.

SB 183: FOR AN ACT ENTITLED, An Act to permit the issuance of economic development revenue bonds to finance primary, secondary, and postsecondary schools operated by nonprofit entities.

Was read the second time.

The question being "Shall SB 183 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); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Benson; Paisley; 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 210: FOR AN ACT ENTITLED, An Act to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and child care programs and to make an appropriation therefor.

Was read the second time.

     The question being "Shall SB 210 pass as amended?"

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

Excused were:
Benson; Dunn (Jim); Everist

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.

SJR 2: 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 fund in certain stocks, bonds, mutual funds, and other financial instruments.

Was read the second time.

     The question being "Shall SJR 2 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); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Everist

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the taxation of telecommunications property.

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

HB 1083: FOR AN ACT ENTITLED, An Act to grant certain jurisdiction over the Federal Prison Camp to the United States.

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

HB 1090: FOR AN ACT ENTITLED, An Act to shorten the term of office for members of the Board of Regents.

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

HB 1112: FOR AN ACT ENTITLED, An Act to provide for a statute of limitations in certain negligence actions against regional airports.

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

HB 1165: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Uniform Building Code.

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

HB 1166: FOR AN ACT ENTITLED, An Act to revise the prohibition against certain alcoholic beverage manufacturers engaging in retail business.

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

HB 1168: FOR AN ACT ENTITLED, An Act to clarify certain provisions concerning the right of a party to request a different hearing examiner in contested cases.

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

HB 1232: FOR AN ACT ENTITLED, An Act to provide for confidentiality for trade secrets or commercial or financial information provided to municipalities.

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

HB 1235: FOR AN ACT ENTITLED, An Act to clarify when rural electric cooperative members may vote by mail.

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

HB 1248: FOR AN ACT ENTITLED, An Act to authorize off-sale alcoholic beverage licensees to provide free samples of malt beverages and distilled spirits.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1006: FOR AN ACT ENTITLED, An Act to require an additional mailing before a voter may be purged from the registration list.

Was read the second time.

The question being "Shall HB 1006 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); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Everist

So the 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.

SIGNING OF BILLS

     The President publicly read the title to

     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.

     And signed the same in the presence of the Senate.

Sen. Brown (Arnold) moved that the Senate do now adjourn, which motion prevailed, and at 5:20 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary