The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Dr. Mark Benedetto, followed by the Pledge of
Allegiance led by Senate page John Ullmann.
Roll Call: All members present except Sen. Rebecca Dunn who was excused.
Sens. Frederick
and Vitter escorted Shantel Swedlund, Arlington, Miss South Dakota-
America, to the rostrum, who was introduced by the President.
The President introduced and Sens. Ham and Vitter escorted Summer Simunek, Hot
Springs, Miss South Dakota Teen-USA, and Lori O'Brien, Rapid City, Miss South Dakota-USA
to the rostrum.
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 13-47 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Joseph M.
Dondelinger, Minnehaha, County, Sioux Falls, South Dakota, to the South Dakota Board of
Directors for Educational Telecommunications.
This appointment is effective immediately, and shall continue until July 1, 1999.
January 29, 1998
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
This appointment is effective immediately, and shall continue until January 16, 2001.
January 29, 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 23A-28B-3 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed David J. Rowe,
Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims'
Compensation Board.
This appointment is effective July 1, 1998, and shall continue until July 1, 2001.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 81 and finds the same correctly enrolled.
The Committee on State Affairs respectfully reports that it has had under consideration SB
83 which was removed from the table and returns the same with the recommendation that said
bill do not pass.
The Committee on Commerce respectfully reports that it has had under consideration SB
209 and returns the same with the recommendation that said bill do not pass.
The Committee on Commerce respectfully reports that it has had under consideration HB
1049 and returns the same with the recommendation that said bill do pass.
The Committee on Commerce respectfully reports that it has had under consideration HB
1045, 1052, 1139, and 1198 and returns the same with the recommendation that said bills do
pass and be placed on the Consent Calendar.
"
Section 6. That
§
32-3-38
be amended to read as follows:
32-3-38.
The holder of a mortgage, trust receipt, conditional sales contract, mechanic's lien
,
or similar instrument, upon presentation of the
instrument
certificate of title
to the office of the
titled owner's county register of deeds, together with the
certificate of title and the
fee prescribed
by this chapter, may have a notation of the lien made on the
face of the
certificate of title. The
county register of deeds shall enter the notation and the date thereof over the signature of the
officer or deputy and the seal of office. The register of deeds on that day shall notify the
department, which shall note the lien on the state's computer system, if the county register of
deeds has not done so.
The register of deeds shall also indicate by appropriate notation and on
the instrument itself the fact that the lien has been noted on the certificate of title.
"
Also MADAM PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1053, 1152, 1154, 1176, 1224, and 1254 and returns the same with the recommendation that
said bills do pass and be placed on the Consent Calendar.
MADAM PRESIDENT:
I have the honor to return herewith SB 81 which has passed the House without change.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1126, 1210, 1226, 1233, 1249, 1270, 1284, and
1324 which have passed the House and your favorable consideration is respectfully requested.
SCR 4:
A CONCURRENT RESOLUTION,
Requesting the United States Congress and
certain federal agencies to require reflectors on interstate railroad cars.
Was read the second time.
The question being on Sen. Kloucek's motion that SCR 4 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); 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
Excused were:
Dunn (Rebecca)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 4 was adopted.
Sen. Reedy moved that the Committee on Education be instructed to deliver SB 170 to the
floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
SB 200:
FOR AN ACT ENTITLED, An Act
to repeal the waiver of academic achievement
tests for special education students.
Was read the second time.
The question being "Shall SB 200 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); 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
Excused were:
Dunn (Rebecca)
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 223:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding
insurance coverage for and after delivery of a baby.
Was read the second time.
The question being "Shall SB 223 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); 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
Excused were:
Dunn (Rebecca)
HB 1041:
FOR AN ACT ENTITLED, An Act
to authorize the Banking Commission to
promulgate certain administrative rules regarding the mortgage lending business.
Was read the second time.
The question being "Shall HB 1041 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); 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
Excused were:
Dunn (Rebecca)
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 1126:
FOR AN ACT ENTITLED, An Act
to exempt employer plans with one
employee from small business group health insurance regulations.
Was read the first time and referred to the Committee on Commerce.
HB 1210:
FOR AN ACT ENTITLED, An Act
to provide for the forfeiture of security for
failure to comply with the provisions of § 23A-43-4.2.
Was read the first time and referred to the Committee on Judiciary.
HB 1226:
FOR AN ACT ENTITLED, An Act
to provide a procedure for the petitioning
for change of certain agency policies.
Was read the first time and referred to the Committee on State Affairs.
HB 1249:
FOR AN ACT ENTITLED, An Act
revise certain provisions regarding credit
life and credit health insurance.
Was read the first time and referred to the Committee on Commerce.
HB 1270:
FOR AN ACT ENTITLED, An Act
to revise the items subject to an annual
accounting of a conservator under the Uniform Probate Code.
Was read the first time and referred to the Committee on Judiciary.
HB 1284:
FOR AN ACT ENTITLED, An Act
to revise the factors used in determining the
value of agricultural land.
Was read the first time and referred to the Committee on Taxation.
HB 1324:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
disposal of certain abandoned vehicles and certain impounded vehicles.
Was read the first time and referred to the Committee on Commerce.
HB 1007:
FOR AN ACT ENTITLED, An Act
to revise the requirements concerning a
candidate's support of congressional term limits and to provide the board of elections with rule-
making authority for implementing the voter's instructions on term limits and to declare an
emergency.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1007 pass as amended?"
And the roll being called:
Nays were:
Hutmacher; Kloucek; Symens; Valandra
Excused were:
Dunn (Rebecca)
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.
HB 1042:
FOR AN ACT ENTITLED, An Act
to revise certain authority relating to
installment loan licensing and lending requirements.
Was read the second time.
The question being "Shall HB 1042 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); 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
Excused were:
Dunn (Rebecca)
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.
There being no objection, the Senate reverted to Order of Business No. 5.
"
Section 3. Any person who holds an ownership interest in livestock and controls or
specifies through a contract or other business relationship the design, construction, or
operational instructions of the facilities which care for that livestock shall be jointly and
severally liable for all environmental damages which are caused by such person's negligent
design, negligent construction, or negligent operational instructions for the livestock facility.
"
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration SB 221 which was deferred to the 36th legislative day.
The question being "Shall HB 1087 pass?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist;
Flowers; Frederick; Hainje; Halverson; 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:
Dunn (Rebecca)
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.
HB 1209:
FOR AN ACT ENTITLED, An Act
to require the training and certification of
911 telecommunicators, to increase certain liquidated costs, and to appropriate that increase for
such training and certification.
Was read the second time.
Sen. Flowers moved that HB 1209 be deferred until Monday, February 9, the 20th
legislative day.
Which motion prevailed and the bill was so deferred.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 6, the 19th legislative day.
Which motion prevailed.
The President publicly read the title to
Sen. Hainje moved that the Senate do now adjourn, which motion prevailed, and at 2:55
p.m. the Senate adjourned.