JOURNAL OF THE SENATE

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TWENTIETH DAY

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STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 9, 1998

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by Senate page Holly Haanen.

     Roll Call: All members present except Sens. Benson and Hunhoff.

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the nineteenth 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.

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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 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Marilyn Hoyt, Beadle County, Huron, South Dakota, to the South Dakota Board of Education.

    This appointment is effective immediately, and shall continue until December 31, 2001.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

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 Chapter 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 Dr. Jerome K. Howe, Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation Board.

    This appointment is effective immediately, and shall continue until July 1, 2000.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

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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 3-6A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Harry V. Peterson, Pennington County, Rapid City, South Dakota, to the Career Service Commission.

    This appointment is effective April 22, 1998, and shall continue until April 22, 2002.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

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

     The President   introduced and Sen. Kleven escorted to the rostrum Stacy Blair, Miss South Dakota Stockgrower.

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 81 was delivered to his Excellency, the Governor, for his approval at 2:35 p.m., February 6, 1998.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill be amended as follows:

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o-165

     On page 1 , line 12 of the printed bill , delete " two hundred fifty " and insert " one hundred " .

     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 185 which was tabled.

Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration SJR 3 and SB 217 and 234 which were deferred to the 36th legislative day.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the following nominations:

    Ronald W. Mielke, Minnehaha County, Sioux Falls, South Dakota, Assistant Adjutant General, Air

    Daniel C. Cronin, Potter County, Gettysburg, South Dakota, to the State Board of Regents

    Debra D. Watson, Pennington County, Rapid City, South Dakota, to the Commission on Human Rights

    Lori Nicholson, Minnehaha County, Sioux Falls, South Dakota, to the Commission on Human Rights

    Mac McCracken, Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority

    D. J. Mertens, Jones County, Murdo, South Dakota, to the South Dakota Building Authority

    Robert J. Schreiner, Grant County, Milbank, South Dakota, to the South Dakota Railroad Authority

    Warren Lotsberg, Beadle County, Huron, South Dakota, to the South Dakota Railroad Authority

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    David J. Rowe, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims' Compensation Board

    Joseph M. Dondeling, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications

    Paul Redfield, Lake County, Madison, South Dakota, to the South Dakota Railroad Authority
    
    and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointments.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 161 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1056 and 1058 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 HB 1054, 1055, 1057, 1060, 1061, 1062, and 1064 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 Judiciary respectfully reports that it has had under consideration HB 1059 and returns the same with the recommendation that said bill be amended as follows:

r-1059

     On page 1 , line 10 of the printed bill , delete " to limit " and insert " limits " .

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

Respectfully submitted,
Fred Whiting, Chair

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Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 221 and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1008, 1077, 1141, and 1167 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1239 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 Local Government respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill be amended as follows:

t-136b

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

"      Section  1.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

     There is hereby established the South Dakota 911 Coordinated Statewide System Task Force. The task force shall evaluate the current 911 emergency reporting system in South Dakota, develop a plan for implementation of a coordinated statewide system covering as much of the state as is practicable, and provide recommendations for the implementation, operation, and funding of such a coordinated statewide 911 system in a report to the Governor by November 30, 1998.

     Section  2.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

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     The Governor shall appoint such persons to the task force as the Governor considers necessary to adequately evaluate the current system and for the development of the implementation of such a system. The task force is attached to the Department of Military and Veterans Affairs, Division of Emergency Management for administrative purposes. The division shall assist the task force and coordinate the development of the coordinated statewide 911 system.

     Section  3.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

     The task force shall:

             (1)    Evaluate all of the current public safety answering points and systems throughout the State of South Dakota for their capability to adequately administer systems;

             (2)    Prepare a cost benefit analysis of administrative and operational expenses for all existing 911 public safety answering points and systems;

             (3)    Consider the feasibility and advisability of consolidating jurisdictions or systems for the purposes of more efficiently administering systems and utilizing available funds;

             (4)    Prepare alternative plans for the implementation for a coordinated statewide 911 system covering the entire state or so much as is practicable;

             (5)    Prepare a detailed report of the number and location of public safety answering points or systems and their administrative and operational revenues and budgets;

             (6)     Provide a report of alternative proposals for operating and financing public safety answering points or systems; and

             (7)    Present its findings, implementation plan and recommendations to the Governor by November 30, 1998 for consideration.

     Section  4.  That chapter 34-45 be amended by adding thereto a NEW SECTION to read as follows:

     Each 911 emergency reporting system created by a governing body of a public corporation pursuant to an ordinance authorized by § 34-45-2 shall cooperate fully with the task force and provide operational and financial information to the task force in a timely manner.

     Section  5.  There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Division of Emergency Management for purpose of developing the findings, plan, and recommendations required in section 3 of this Act.

     Section  6.  The director of the Division of Emergency Management shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

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     Section  7.  Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 1999, shall revert in accordance with § 4-8-21. "

t-136ta

     On page 1 , line 1 of the printed bill , delete everything after " authorize " and insert " planning for a coordinated statewide 911 emergency reporting system and to make an appropriation therefor. "

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Respectfully submitted,
Alan Aker, Chair

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 156 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 Education respectfully reports that it has had under consideration SB 120 and returns the same with the recommendation that said bill be amended as follows:

c-120

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

"     Section 1. That subdivision (9) of section 1 of chapter 108 of the 1996 Session Laws be repealed.

     Section 2. That section 2 of chapter 108 of the 1996 Session Laws be amended to read as follows:

     This Section 1 of this Act is effective July 1, 1999.

     Section 3. That section 3 of chapter 108 of the 1996 Session Laws be repealed.

     Section 4. That section 4 of chapter 108 of the 1996 Session Laws be amended to read as follows:

     A school district is not eligible for funding from the money set aside in § §  13-37-38 to 13- 37-40, inclusive, if the school district's unless the school district certifies to the secretary of

education and cultural affairs that its ending special education fund balance exceeds will not exceed five percent of its special education expenditures for the prior current fiscal year.

     Section 5. That § 13-37-44 be amended to read as follows:

     13-37-44.   A school district's state aid for special education shall be reduced by the amount which its ending special education fund balance exceeds twenty percent of its special education expenditures for the prior fiscal year or fifty thousand dollars, whichever is greater, if the school district did not receive money set aside in § §  13-37-38 to 13-37-40, inclusive, during the prior fiscal year; or the amount which its ending special education fund balance exceeds five percent of its special education expenditures for the prior fiscal year if the school district received money set aside in § §  13-37-38 to 13-37-40, inclusive, during the prior fiscal year .

     Section 6. Section 5 of this Act is effective July 1, 1999.

     Section 7. That § 13-37-43 be amended to read as follows:

     13-37-43.   For the transition period from January 1, 1997, through school fiscal year 1999, state aid to special education shall be determined according to the following calculations:

             (1)      For the period January 1, 1997, through June 30, 1997, state aid for special education is the greater of (a) state aid for special education as calculated in §   13-37-36, or (b) actual school special education expenditures for fiscal year 1994 less federal revenues for special education less local effort, the result which is multiplied times 0.59;

             (2)      For school fiscal year 1998, state aid for special education is the greater of (a) state aid for special education as calculated in §   13-37-36, or (b) actual school special education expenditures for fiscal year 1994 less federal revenues for special education less local effort, the result which is multiplied times 0.95;

             (3)      For school fiscal year 1999, state aid for special education is the greater of (a) state aid for special education as calculated in §   13-37-36, or (b) actual school special education expenditures for fiscal year 1994 less federal revenues for special education less local effort, the result which is multiplied times 0.48 0.95 .

     Section 8. That § 13-37-35 be amended to read as follows:

     13-37-35.   Terms used in § §   13-37-35 to 13-37-47, inclusive, mean:

             (1)      "Average daily membership," the average number of kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year minus the average number of pupils for whom the district receives tuition and plus the average number of pupils for whom the district pays tuition;

             (2)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of

the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

             (3)      "Local effort," is the amount of taxes payable each year, using the maximum levy for the special education fund of a school district of one dollar and forty cents per thousand dollars of taxable valuation. The levy shall be based on valuations including valuations pursuant to § §   13-13-10.2 and 13-13-20.4 such that the median level of assessment represents 85% of market value as determined by the Department of Revenue. For the period January 1, 1997, through June 30, 1997, local effort shall be one-half of the amount of taxes payable in calendar year 1997, using the maximum levy for the special education fund of a school district of one dollar and forty cents per thousand dollars of taxable valuation. The levy shall be based on valuations such that the median level of assessment represents 85% of market value as determined by the Department of Revenue;

             (4)      "Allocation for a student with a mild disability," for the period January 1, 1997, through June 30, 1997, is $807. For school fiscal year beginning July 1, 1997, the allocation for a student with a mild disability shall be $1,614 increased by the lesser of the index factor or three percent. For each school year thereafter, the allocation for a student with a mild disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

             (5)      "Allocation for a student with a severe disability," for the period January 1, 1997, through June 30, 1997, is $9,682. For school fiscal year beginning July 1, 1997, the allocation for a child with a severe disability shall be $19,364 increased by the lesser of the index factor or three percent. For each school year thereafter, the allocation for a child with a severe disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

             (6)      "Local need," an amount to be determined as follows:

             (a)      For a school district with an average daily membership of less than 13,000:

             (i)      Multiply the average daily membership times 0.1025;

             (ii)      Multiply the result of (i) times the allocation for a student with a mild disability;

             (iii)      Multiply the average daily membership times 0.015;

             (iv)      Multiply the result of (iii) times the allocation for a student with a severe disability;

             (v)      Add together the result of (ii) and the result of (iv);

             (b)      For a school district with an average daily membership greater than 13,000:

             (i)      Multiply the average daily membership times 0.1025;

             (ii)      Multiply the result of (i) times the allocation for a student with a mild disability;

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             (iii)      Subtract 13,000 from the average daily membership, the difference of which is multiplied times 0.0000034, the result of which is added to 0.015;

             (iv)      Multiply the average daily membership times the lesser of the result of (iii) or 0.03 0.027 ;

             (v)      Multiply the result of (iv) times the allocation for a student with a severe disability;

             (vi)      Add together the result of (ii) and the result of (v);

             (7)      "Student with mild disability," is a student whose performance level is not sufficient to demonstrate success in the regular education environment without the provision of special education, who meets eligibility criteria under Part B, IDEA, and who has been identified as a student in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §   13-37-46;

             (8)      "Student with severe disability," is a student with a low-incidence disability who:

             (a)      Meets eligibility criteria under Part B, IDEA;

             (b)      Has been identified as a student in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §   13-37-46; and

             (c)      Presents needs which require intervention skills which are substantially different from those provided to nondisabled students, in that the skills are disability-specific and require special training, equipment, and facilities to perform;

             (9)      "Effort factor," the school district's special education tax levy in dollars per thousand divided by $1.40.

     Section 9. That section 12 of chapter 34 of the 1997 Session Laws be amended to read as follows:

State Aid for Special Education
    Personal Services $0        $0    $0    $0
    Operating Expenses $37,875,924 $37,038,226     $0    $0     $37,875,924 $37,038,226
    Total     $37,875,924 $37,038,226     $0    $0     $37,875,924 $37,038,226 0.0

     Section 10. That § 13-37-39 be amended to read as follows:

     13-37-39.   Subject to the limitation in §   13-37-42, the secretary of the Department of Education and Cultural Affairs shall, for school fiscal year 1998, set aside four percent (4%) of the state special education appropriation for extraordinary expenses incurred in providing special education programs or services to one or more children with disabilities, with expenditures to be made as recommended by an oversight board and approved by the secretary of the Department of Education and Cultural Affairs. Any funds not expended or obligated

pursuant to this section shall not be subject to reversion pursuant to §  4-8-19. The maximum amount not subject to reversion is equal to 5.75% of the state special education appropriation.

     Section 11. Sections 9 and 10 of this Act are effective June 15, 1998.

     Section 12. That § 13-37-40 be amended to read as follows:

     13-37-40.   Subject to the limitation in §   13-37-42, the secretary of the Department of Education and Cultural Affairs shall, for school fiscal year 1999 and each year thereafter, set aside 5.75% of the state special education appropriation for extraordinary expenses incurred in providing special education programs or services to one or more children with disabilities, with expenditures to be made as recommended by an oversight board and approved by the secretary of the Department of Education and Cultural Affairs. Any funds not expended or obligated pursuant to this section shall not be subject to reversion pursuant to §  4-8-19. The maximum amount not subject to reversion is equal to 5.75% of the state special education appropriation.

     Section 13. That chapter 13-16 be amended by adding thereto a NEW SECTION to read as follows:

     The South Dakota Board of Education may promulgate rules pursuant to chapter 1-26 to identify allowable expenditures from the special education fund.

     Section 14. That chapter 13-16 be amended by adding thereto a NEW SECTION to read as follows:

     Each school district shall file the annual financial report pursuant to §  13-8-47 using the uniform accounting system as defined in the accounting manual developed pursuant to §  4-11-6. Reports not filed prior to August fifteenth are considered past due and are subject to the past-due provisions of §  13-13-38. "

c-120t

     On page 1 , line 1 of the printed bill , delete everything after " An Act to " and insert " revise the funding of special education. "

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 163 and returns the same with the recommendation that said bill be amended as follows:

c-163

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

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"      Section  8.  That § 13-3-48 be amended to read as follows:

     13-3-48.   The secretary of the Department of Education and Cultural Affairs shall prepare and submit for approval of the South Dakota Board of Education academic content standards in language arts, mathematics, social studies, and science for grades one through twelve. Each school district shall adopt and implement clearly defined and measurable course guidelines so as to meet the state academic content standards. Course guidelines for language arts and mathematics shall be adopted and implemented by July 1, 1998, 1999, and those for social studies and science shall be adopted by July 1, 2000. "

c-163t

     On page 1 , line 1 of the printed bill , delete everything after " An Act to " and insert " delay the adoption and implementation of course guidelines for language arts and mathematics. " .

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 173 and returns the same with the recommendation that said bill be amended as follows:

c-173

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

"      Section 1. That § 13-13-1.4 be amended to read as follows:

     13-13-1.4.   If two or more school districts consolidate, for a period of two three years after consolidation, the adjusted average daily membership for the newly formed district shall be based upon the average daily membership as defined in §   13-13-10.1 of the school districts as they existed prior to consolidation.

     Section 2. That section 9 of chapter 98 of the 1997 Session Laws be amended to read as follows:

          13-13-1.4.   If two or more school districts consolidate, for a period of two three years after consolidation, the adjusted average daily membership for the newly formed district shall be based upon the general enrollment average daily membership as defined in §   13-13-10.1 of the school districts as they existed prior to consolidation. "

c-173t

     On page 1 , line 1 of the printed bill , delete everything after " revise " and insert " the average daily membership for consolidated school districts. "

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     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 80 and returns the same with the recommendation that said bill be amended as follows:

c-80

     On page 1 , line 7 of the printed bill , delete everything after " organization " .

     On page 1 , line 8 , delete everything before " to " .

f-80

     On page 1 , line 12 , after " . " insert " If a school district incurs any indebtedness through an agreement or contract with a nonprofit organization pursuant to this section, the school district shall comply with any requirement concerning indebtedness of a school district including public notification or bond election. "

c-80a

     On the previous amendment, insert the following:

     On page 1 , line 8 of the printed bill , delete " the education " and insert " the recreation " .

     On page 1 , line 10 , after " any " insert " recreational " .

     And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1082, 1157, 1195, 1211, 1253, 1267, and 1286 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

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

     State Affairs on SB 92 as found on page 354 of the Senate Journal; also

     Taxation on SB 146 as found on page 358 of the Senate Journal; also

     Judiciary on SB 218 as found on page 356 of the Senate Journal; also

     Health and Human Services on SB 228 as found on page 355 of the Senate Journal; also

     Judiciary on SB 235 as found on page 358 of the Senate Journal; also

     Taxation on HB 1080 as found on page 359 of the Senate Journal; also

     Education on SB 170 as found on page 354 of the Senate Journal

    Which motion prevailed and the reports were adopted.

     Sen. Reedy moved that the word "not" be stricken from the report of the Committee on Education on SB 170 as found on page 354 of the Senate Journal and that SB 170 be placed on the calendar for Wednesday, February 11, the 22nd legislative day.

     The question being on Sen. Reedy's motion that the word "not" be stricken from the report of the Committee on Education on SB 170 as found on page 354 of the Senate Journal and that SB 170 be placed on the calendar for Wednesday, February 11, the 22nd legislative day.

     And the roll being called:

     Yeas 22, Nays 11, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Staggers; Symens; Valandra; Vitter

     Nays were:
Brosz; Drake; Dunn (Jim); Frederick; Hainje; Halverson; Johnson (William); Paisley; Rounds; Shoener; Whiting

     Excused were:
Benson; Hunhoff

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     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the "not" was stricken, and SB 170 was placed on the calendar for Wednesday, February 11, the 22nd legislative day.

    There being no objection, the Senate reverted to Order of Business No. 8.

     Sen. Rounds moved that SB 239 and 240 and SJR 4 be deferred until Tuesday, February 10, the 21st legislative day.

     Which motion prevailed and the bills were so deferred.

     SB 237:   FOR AN ACT ENTITLED, An Act   to revise the grounds for jury challenges for cause.

     Was read the second time.

     The question being "Shall SB 237 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Benson; Hunhoff

     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 1204:   FOR AN ACT ENTITLED, An Act   to allow the notation of a lien on the manufacturer's statement of origin or the manufacturer's certificate of origin for a motor vehicle or a boat and to remove the requirement that the notation of a lien be placed on certain documents.

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     Was read the second time.

     The question being "Shall HB 1204 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Benson; Hunhoff

     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.

MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1041 and 1042.

Respectfully,
KAREN GERDES, Chief Clerk

     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.

o-140

     Sen. Flowers moved that SB 140 be amended as follows:

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

"      Section  9.  That § 32-22-12.1 be amended to read as follows:

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     32-22-12.1.   The provisions of § §   32-22-9 to 32-22-11, inclusive, do not apply to a combination of vehicles consisting of a towing motor vehicle and two trailers which conform to the specifications contained in this section. In such a combination, the first trailer shall be connected to the towing vehicle by a ball hitch, a gooseneck hitch, pintle hitch or a fifth wheel hitch. The hitch connecting the second trailer to the first trailer shall be a ball type hitch, gooseneck hitch or a pintle hitch directly fastened to the frame of the first trailer. The second trailer may not exceed twenty-four feet in length and if the gross weight of the second trailer is greater than three thousand pounds, it shall be equipped with breakaway brakes. The maximum length of the vehicles in this combination may not exceed seventy seventy-five feet. A violation of this section is a Class 2 misdemeanor.

     The Transportation Commission may by rules adopted pursuant to chapter 1-26 prohibit or restrict the use of the combination of vehicles described in this section on any highway where such combination of vehicles would create a safety hazard. "

     Which motion prevailed and SB 140 was so amended.

     The question being "Shall SB 140 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Benson; Hunhoff

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

     The question being on the title.

     Sen. Flowers moved that the title to SB 140 be amended as follows:

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " revise the maximum length of certain vehicle combinations. "

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

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     SB 220:   FOR AN ACT ENTITLED, An Act   to prohibit any person under the age of eighteen to drive a motor vehicle after consuming alcoholic beverages.

     Was read the second time.

     The question being "Shall SB 220 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 14, Excused 2, Absent and Not Voting 0

     Yeas were:
Brown (Arnold); Dennert; Dunn (Rebecca); Flowers; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford; Olson; Paisley; Reedy; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Aker; Albers; Brosz; Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Johnson (William); Munson (David); Rounds; Shoener

     Excused were:
Benson; Hunhoff

     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 236:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding trusts.

     Was read the second time.

     Sen. Daugaard moved that SB 236 be deferred until Tuesday, February 10, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 172:   FOR AN ACT ENTITLED, An Act   to establish a sheep checkoff program.

     Was read the second time.

b-172a

     Sen. Kloucek moved that SB 172 be amended as follows:

     On page 3 , line 16 of the Senate Agriculture & Natural Resources committee engrossed bill , after " assessment. " insert " However, the council shall promulgate rules pursuant to chapter

1-26 to establish procedures to allow sheep producers to avoid the voluntary assessment at the point of sale. "

     Sen. Halverson moved that Sen. Kloucek's motion to amend SB 172 be laid on the table.

     Which motion prevailed and Sen. Kloucek's motion to amend SB 172 was laid on the table.

    Sen. Brown moved the previous question.

    Which motion prevailed.     

     The question being "Shall SB 172 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0

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

     Nays were:
Dunn (Jim); Hutmacher; Kleven; Kloucek; Staggers

     Excused were:
Benson; Hunhoff

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

     Was read the second time.

     Sen. Staggers moved that SB 193 be deferred until Tuesday, February 10, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

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     SB 233:   FOR AN ACT ENTITLED, An Act   to reduce the property tax levies for general funds of a school district for the purposes of maintaining the relationship between state aid to general education and local effort and to provide for a five percent reduction in property taxes for certain types of property.

     Was read the second time.

x-233

     Sen. Rounds moved that SB 233 be amended as follows:

     On page 1 , line 7 of the printed bill , delete " 1998 " and insert " 1999 " .

     On page 1 , line 9 , delete " thirty-four " and insert " twenty-five " .

     On page 1 , line 14 , delete " seventy-seven " and insert " seventy-three " .

     On page 2 , line 4 , delete " sixty-three " and insert " sixty-one " .

     Which motion prevailed and SB 233 was so amended.

    Sen. Halverson moved the previous question.

    Which motion prevailed.

     The question being "Shall SB 233 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Benson; Hunhoff

     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.

    There being no objection, the Senate reverted to Order of Business No. 8.

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     Sen. Aker moved that the Committee on State Affairs be instructed to deliver SB 185 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

(continued)

     SB 238:   FOR AN ACT ENTITLED, An Act   to make an appropriation to fund tax refunds for elderly and disabled persons.

     Was read the second time.

     The question being "Shall SB 238 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Benson; Hunhoff

     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 1082:   FOR AN ACT ENTITLED, An Act   to revise the permissible number of county commissioners.

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

     HB 1157:   FOR AN ACT ENTITLED, An Act   to allow aldermanic municipalities to set the term of office by ordinance.

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

     HB 1195:   FOR AN ACT ENTITLED, An Act   to revise certain organizational and administrative procedures for consumers power districts.

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

     HB 1211:   FOR AN ACT ENTITLED, An Act   to allow for the revocation or suspension of law enforcement certification for conduct unbecoming an officer.

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

     HB 1253:   FOR AN ACT ENTITLED, An Act   to require the testimony of any witness before any grand jury be recorded.

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

     HB 1267:   FOR AN ACT ENTITLED, An Act   to provide for scholarships for certain persons receiving workers' compensation benefits.

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

     HB 1286:   FOR AN ACT ENTITLED, An Act   to provide the court with discretion, under limited circumstances, when ordering restitution to victims of certain crimes.

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

     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.

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

     Sen. Flowers moved that HB 1209 be deferred until Thursday, February 12, the 23rd legislative day.

     Which motion lost.

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     The question being "Shall HB 1209 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 9, Excused 6, Absent and Not Voting 0

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

     Nays were:
Flowers; Hutmacher; Kloucek; Lange; Lawler; Morford; Reedy; Staggers; Symens

     Excused were:
Benson; Dennert; Hunhoff; Olson; Rounds; Valandra

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

     Sen. Aker announced his intention to reconsider the vote by which HB 1209 lost.

     Sen. Munson (David) moved that the Senate do now adjourn, which motion prevailed, and at 4:19 p.m. the Senate adjourned.