Senate Journal 02/10/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 10, 1998

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

     The prayer was offered by the Chaplain, Vicar Jonathan Schroeder, followed by the Pledge of Allegiance led by Senate page Courtney Brannan.

          Roll Call: All members present except Sen. Valandra who was excused.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

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

The President announced that a new HB 1122 has been prepared to replace the original bill which was misplaced.

COMMUNICATIONS AND PETITIONS

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 81, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

CONSIDERATION OF EXECUTIVE APPOINTMENTS

     Sen. Halverson moved that the rules be suspended for the sole purpose of voting on and considering on the same vote, the confirmation of the executive appointments on today's calendar.

     The question being on Sen. Halverson's motion that the rules be suspended for the sole purpose of voting on and considering on the same vote, the confirmation of the executive appointments on today's calendar.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

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

The Senate proceeded to the consideration of the executive appointment of Ronald W. Mielke of Minnehaha County, Sioux Falls, South Dakota, as Assistant Adjutant General, Air.

    The question being "Does the Senate advise and consent to the executive appointment of Ronald W. Mielke pursuant to the executive message as found on page 290 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Daniel C. Cronin of Potter County, Gettysburg, South Dakota, to the South Dakota Board of Regents.

    The question being "Does the Senate advise and consent to the executive appointment of Daniel C. Cronin pursuant to the executive message as found on page 318 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Debra D. Watson of Pennington County, Rapid City, South Dakota, to the Commission on Human Rights.

    The question being "Does the Senate advise and consent to the executive appointment of Debra D. Watson pursuant to the executive message as found on page 319 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Lori Nicholson of Minnehaha County, Sioux Falls, South Dakota, to the Commission on Human Rights.

    The question being "Does the Senate advise and consent to the executive appointment of Lori Nicholson pursuant to the executive message as found on page 291 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Mac McCracken of Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority.

    The question being "Does the Senate advise and consent to the executive appointment of Mac McCracken pursuant to the executive message as found on page 290 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of D. J. Mertens of Jones County, Murdo, South Dakota, to the South Dakota Building Authority.

The question being "Does the Senate advise and consent to the executive appointment of D. J. Mertens pursuant to the executive message as found on page 319 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Robert J. Schreiner of Grant County, Milbank, South Dakota, to the South Dakota Railroad Authority.

    The question being "Does the Senate advise and consent to the executive appointment of Robert J. Schreiner pursuant to the executive message as found on page 291 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Warren Lotsberg of Beadle County, Huron, South Dakota, to the South Dakota Railroad Authority.

    The question being "Does the Senate advise and consent to the executive appointment of Warren Lotsberg pursuant to the executive message as found on page 320 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of David J. Rowe of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims' Compensation Board.

    The question being "Does the Senate advise and consent to the executive appointment of David J. Rowe pursuant to the executive message as found on page 341 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Joseph M. Dondelinger of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

    The question being "Does the Senate advise and consent to the executive appointment of Joseph M. Dondelinger pursuant to the executive message as found on page 340 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Paul Redfield of Lake County, Madison, South Dakota, to the South Dakota Railroad Authority.

    The question being "Does the Senate advise and consent to the executive appointment of Paul Redfield pursuant to the executive message as found on page 341 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); 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; Vitter; Whiting

Excused were:
Daugaard; Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 181 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SCR 2 and returns the same with the recommendation that said resolution be amended as follows:

o-c2a

On page 134 , line 26 of the Senate Journal , after " companies " delete " , " and insert " and " .

On page 134 , line 27 , delete " , and representatives of several national public health organizations " .

On page 135 , delete lines 1 to 17 , inclusive , and insert:

" WHEREAS, comprehensive national legislation that addresses the issue of advertising, promotion, and use of tobacco products with particular emphasis on promotion, sale, and use of tobacco by minors is critical to achieving significant reductions in the rate of youth tobacco usage in South Dakota and across the country; and

WHEREAS, national legislation should incorporate broad and comprehensive regulation of the tobacco industry and tobacco products together with extensive enforcement mechanisms; and

WHEREAS, comprehensive national legislation could result in payments of at least $368 billion, or more, with a potential share of $445,000,000, or more, to the State of South Dakota, over a period of twenty-five years; and

WHEREAS, federal legislation is needed to protect children from tobacco; and

WHEREAS, the June 20th proposed settlement of state claims against the tobacco industry provides a catalyst for the development of comprehensive tobacco control legislation:

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 South Dakota Congressional Delegation be memorialized to support federal legislation implementing comprehensive measures to protect children from tobacco and allocating to South Dakota its entire share of any reimbursement for any medical and other costs deriving from tobacco-related disease that may be included in such legislation. "

o-c2ta

On page 134 , line 24 of the Senate Journal , delete everything after " legislation " and insert " implementing comprehensive tobacco control measures to protect children from tobacco and allocating to South Dakota its entire share of any reimbursement for any medical and other costs deriving from tobacco-related disease that may be included in such legislation. " .

On page 134 , delete line 25 .

And that as so amended said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 22 and 74 and HB 1020 and 1021 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill be amended as follows:

b-21g

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

" Section 1. That § 38-20A-4 be amended to read as follows:

38-20A-4. On or before ~~the first day of July of each year~~ July 1, 1998, and every two years thereafter, and before any person whose name or brand name appears on a pesticide may distribute, sell , or offer for sale or distribution in this state any pesticide, he the person shall file with the secretary of agriculture an application for the registration of the pesticide. Each application shall include, but is not limited to, the following:

(1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant;

(2) The name of the pesticide;

(3) ~~Two~~ One complete ~~copies~~ copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use;

(4) If requested by the secretary, ~~a full description of the tests made and the results upon which the claims are based; and~~ efficacy, toxicity, residue, and any other data necessary to determine if the pesticide will perform its intended function without unreasonable adverse effects on the environment;

(5) The classification or lack of classification and general use or restricted use of the pesticide ; and

(6) A biennial application fee of one hundred seventy-five dollars .

Each registration is valid for a two-year period and expires on the alternate June thirtieth. The registration may not be transferred. A fee equal to fifty percent of the application fee shall be applied to any late renewal.

If a pesticide has not been manufactured or distributed for two years, or is no longer available for use due to a cancellation or suspension order of the United States Environmental Protection Agency, it is not subject to registration requirements.

Section 2. That chapter 38-20A be amended by adding thereto a NEW SECTION to read as follows:

The biennial application fee for each pesticide registered in § 38-20A-4 shall be distributed as follows:

(1) Forty dollars shall be deposited in the pesticide regulatory fund created in § 38-21- 57;

(2) Forty-two dollars and fifty cents shall be deposited in the weed and pest fund created in § 38-22-35;

(3) Forty-two dollars and fifty cents shall be deposited in the public lands weed and pest fund created in § 38-20A-58;

(4) Thirty dollars shall be deposited within the agricultural experiment station pursuant to chapter 13-58; and

(5) Twenty dollars shall be deposited within the cooperative extension service pursuant to chapter 13-54.

The late renewal fee in § 38-20A-4 shall be divided equally between the weed and pest fund created in § 38-22-35, the pesticide regulatory fund created in § 38-21-57, and the public lands weed and pest fund created in § 38-20A-58.

     Section 3. That § 38-20A-7 be repealed.

     38-20A-7. Products which have the same formula, are manufactured by the same person, have labels that contain the same claims and uses and have labels that bear a designation identifying the product as the same pesticide may be registered as a single pesticide. Additional names and labels may be added by supplemental statements during the current period of registration.

     Section 4. That § 38-20A-9 be repealed.

38-20A-9. At the time of filing the application required in § 38-20A-4, the person filing the application shall pay to the secretary a registration fee of twenty-five dollars and a weed and pest control fund surcharge of fifty dollars and, in addition to any other fee or surcharge enacted by the Legislature pursuant to the fees established in this section, a pesticide groundwater fee of twenty-five dollars for each pesticide to be registered. The registration fee shall be deposited in the pesticide regulatory fund and the weed and pest control fund surcharge shall be deposited in the weed and pest control fund and the public lands weed and pest fund pursuant to § 38-22-35. The pesticide groundwater fee shall be deposited in the groundwater protection fund to fund the groundwater research and education program established pursuant to § 46A-1-85 for five years until March 15, 1994, at which point collection of the pesticide groundwater fee shall cease.

Section 5. That § 38-20A-9.1 be repealed.

38-20A-9.1. Twelve dollars of the amount deposited in the public lands weed and pest fund pursuant to § 38-22-35 shall be used for weed control. Priority shall be given to control weeds on meandered lakes.

~~Grant requests to the public lands weed and pest fund for meandered lake lands shall be reviewed by the office of school and public lands and expended from the public lands weed and pest fund.~~

Section 6.That § 38-20A-10 be amended to read as follows:

38-20A-10. If it appears to the secretary of agriculture that the composition of the article is such as to warrant the proposed claims for it and if the article and its labeling and other material required to be submitted comply with the requirements of § § 38-20A-16 to 38-20A-29, inclusive, he the secretary shall register the article. ~~All registrations shall expire on June thirtieth following the date of issue and shall be renewed annually.~~

Section 7. That § 38-20A-58 be amended to read as follows:

38-20A-58. There is hereby established within the state treasury the public lands weed and pest fund. Interest accrued on money in the fund shall be deposited to the fund. All money in the public lands weed and pest fund shall be budgeted and expended in accordance with Title 4 by the Department of School and Public Lands for weed and pest control on school and public lands and meandered lake lands. At the end of each fiscal year, any unobligated cash in the public lands weed and pest fund shall revert to the weed and pest fund created in § 38-22-35 .

Section 8. That § 38-22-35 be amended to read as follows:

38-22-35. Any funds collected pursuant to the weed and pest control surcharge established in § 38-20A-9 shall be distributed as follows: twenty-four dollars and fifty cents shall be deposited in the public lands weed and pest fund, and twenty-five dollars and fifty cents shall be deposited in the weed and pest control fund. All funds collected pursuant to § 38-22-36 shall be deposited with the state treasurer in a special fund known as the "weed and pest control fund."

Section 9. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

b-21te

On page 1 , line 1 of the printed bill , delete everything after " Act to " and insert " provide for the biennial registration of pesticides, to revise the distribution of the pesticide application fee, and to declare an emergency. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 23 and returns the same with the recommendation that said bill be amended as follows:

d-23

On page 1 , between lines 12 and 13 of the printed bill , insert:

" Section 1A. In addition to the funds in section 1 of this Act, the Board of Regents shall set aside the sum of one million forty thousand dollars ($1,040,000) for the purpose of maintenance and repair of the facility authorized in section 1 of this Act to be paid from other funds under the control of the Board of Regents, from gifts and grants to South Dakota State University, including bond proceeds provided by the city of Brookings. "

On page 1 , line 15 , after " construction " insert " and maintenance and repair " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 19 and 20 which were deferred to the 36th legislative day.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 185 which was amended as follows and removed from the table:

f-185a

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

" Section 1. That chapter 12-25 be amended by adding thereto a NEW SECTION to read as follows:

No employer may withhold any money through an automatic payroll deduction if any of the money is expended for any political purpose, unless the employee annually gives written consent to the employer for the deduction.

The term, political purpose, includes any contribution to a candidate, political party, political action committee, or public advertising to influence the outcome of an election. The term does

not include any lobbying activity directed to the legislative or executive branches of government or any communication directed exclusively to the employees. "

and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1070, 1135, and 1136 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 166 and returns the same with the recommendation that said bill be amended as follows:

t-166b

On page 1 , line 4 of the printed bill , delete everything after " Section 1. " and insert " No livestock processor or any entity in which a livestock processor has a controlling interest, whether the controlling interest is implied or imputed or in any way may be attributed to a related party, may contract for the care and feeding of livestock or control or operate a feedlot in South Dakota in which livestock are fed for slaughter. "

On page 1 , delete lines 5 to 16 , inclusive .

On page 2 , line 1 , delete everything before " This " .

On page 2 , line 3 , delete " ten " and insert " one hundred " .

On page 2 , line 9 , after " property. " insert " This section does not apply to poultry. " .

On page 2 , line 12 , delete everything after " injunction. "

On page 2 , delete lines 13 and 14 .

t-166a

On page 2 , line 7 of the printed bill , delete everything after " emergency. " and insert " No processor may buy, own, control, or operate a feedlot in violation of this section after July 1, 1998. If a processor owns, controls, or operates a feedlot in violation of this section on or before July 1, 1998, the processor has until July 1, 2000 to dispose of the property. "

On page 2 , delete lines 8 and 9 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 219 and returns the same with the recommendation that said bill be amended as follows:

t-219

On page 2 , line 7 of the printed bill , delete " the " and insert " any " .

On page 2 , line 10 , after " right. " insert " The amount of water ordinarily used includes the amount necessary to satisfy the beneficial water uses of the appropriator under various climatic and peak demand conditions. "

On page 2 , line 12 , after " claims " insert " . The board may also consider the capacity of diversion works if conducting a hearing to review the amount of water ordinarily and beneficially used by an existing vested water right validated pursuant to Title 46 " .

On page 2 , after line 12 , insert:

" Section 3. That § 46-6-2 be amended to read as follows:

46-6-2. Any person claiming to be the owner of a vested right to appropriate water from any underground source for beneficial use other than for domestic use as defined by subdivision 46-1-6 (7) may file a vested right claim with the chief engineer in a form and manner prescribed by the Board of Water Management. The claim shall set forth the amount of water used, when the water was used, purpose of use, the location of the well and, if the water has been used for irrigation purposes, the legal description of the land upon which the water has been used and the name of the owner of the land. The claim shall be signed under oath, and shall be either from the claimant's own personal knowledge or on information and belief. The hearing on the vested right claim shall be conducted pursuant to the procedures contained in chapter 46-2A. If, in the course of an investigation conducted by the chief engineer pursuant to § 46-2-17 (1), a person asserts the existence of a vested water right, the chief engineer may require that person to file a vested right claim within ninety days pursuant to this section. Failure to file in the absence of such a requirement by the chief engineer does not constitute a waiver of a vested water right . The capacity of any diversion works of a vested right, which have either been in continuous

operation from the date of the vesting of the right or constructed within a reasonable time thereafter, shall be considered by the board as evidence of the amount of water ordinarily and beneficially used and needed under the vested right. The amount of water ordinarily used includes the amount necessary to satisfy the beneficial water uses of the appropriator under various climatic and peak demand conditions. The capacity of diversion works may be considered for vested water claims commenced, but not finally determined, before January 1, 1998, and any future claims. The board may also consider the capacity of diversion works if conducting a hearing to review the amount of water ordinarily and beneficially used by an existing vested water right validated pursuant to Title 46 . "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 11 and 201 which were tabled.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 199 and 205 which were deferred to the 36th legislative day.

Respectfully submitted,
Jim Dunn, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 181 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1010, 1153, 1161, 1174, 1206, 1234, 1251, 1268, 1271, 1285, and 1292 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1007.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1002: A CONCURRENT RESOLUTION, Expressing legislative intent with reference to the issuance of special three-day nonresident waterfowl licenses.

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

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

     Sen. Aker moved to reconsider the vote by which HB 1209 lost.

     The question being on Sen. Aker's motion to reconsider the vote by which HB 1209 lost.

     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; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1209 was up for reconsideration and final passage.

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 reconsideration and final passage.

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

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

Nays were:
Staggers

Excused were:
Valandra

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.

Sen. Hunhoff moved that the Committee on State Affairs be instructed to deliver SB 224 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on SB 80 as found on page 386 of the Senate Journal; also

     Education on SB 120 as found on page 380 of the Senate Journal; also

     Local Government on SB 136 as found on page 378 of the Senate Journal; also

     Education on SB 163 as found on page 384 of the Senate Journal; also

     State Affairs on SB 165 as found on page 375 of the Senate Journal; also

     Education on SB 173 as found on page 385 of the Senate Journal; also

     Judiciary on HB 1059 as found on page 377 of the Senate Journal; also

Agriculture and Natural Resources on SB 221 as found on page 378 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

     Sen. Hutmacher moved that the word "not" be stricken from the report of the Committee on Agriculture and Natural Resources on SB 221 as found on page 378 of the Senate Journal and that SB 221 be placed on today's calendar.

     The question being on Sen. Hutmacher's motion that the word "not" be stricken from the report of the Committee on Agriculture and Natural Resources on SB 221 as found on page 378 of the Senate Journal and that SB 221 be placed on today's calendar.

     And the roll being called:

     Yeas 12, Nays 22, Excused 1, Absent and Not Voting 0

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

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; Staggers; Vitter; Whiting

Excused were:
Valandra

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the recording of a social security number for the purposes of driver licensing.

Was read the second time.

The question being "Shall SB 92 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; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
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 156: FOR AN ACT ENTITLED, An Act to allow an administrator to dispose of certain items without a formal motion of the governing body.

Was read the second time.

     The question being "Shall SB 156 pass?"

     And the roll being called:

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

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

Excused were:
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.

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

Was read the second time.

The question being "Shall HB 1054 pass as amended?"

And the roll being called:

Excused were:
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.

HB 1055: FOR AN ACT ENTITLED, An Act to revise the membership of the judicial conference.

Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

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

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

Excused were:
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.

HB 1057: FOR AN ACT ENTITLED, An Act to revise the method of compiling the driver's license list for purposes of jury selection.

Was read the second time.

The question being "Shall HB 1057 pass?"

And the roll being called:

Excused were:
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.

HB 1060: FOR AN ACT ENTITLED, An Act to revise certain statutes regarding who may administer oaths.

Was read the second time.

     The question being "Shall HB 1060 pass?"

     And the roll being called:

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

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

Excused were:
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.

HB 1061: FOR AN ACT ENTITLED, An Act to revise certain statutes regarding where proof or acknowledgment may be made before a magistrate.

Was read the second time.

The question being "Shall HB 1061 pass?"

And the roll being called:

Excused were:
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.

HB 1062: FOR AN ACT ENTITLED, An Act to revise certain statutes regarding proof or acknowledgment of an instrument.

Was read the second time.

     The question being "Shall HB 1062 pass?"

     And the roll being called:

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

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

Excused were:
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.

HB 1064: FOR AN ACT ENTITLED, An Act to revise certain statutes relating to the authority of the Supreme Court to provide for accounting systems for the accountability of fiduciary funds.

Was read the second time.

The question being "Shall HB 1064 pass?"

And the roll being called:

Excused were:
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.

HB 1239: FOR AN ACT ENTITLED, An Act to clarify the purposes for which proceeds of economic development revenue bonds may be used.

Was read the second time.

     The question being "Shall HB 1239 pass?"

     And the roll being called:

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

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

Excused were:
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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

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

Sen. Rounds moved that SB 193 and SJR 4 be deferred until Wednesday, February 11, the 22nd legislative day.

Which motion prevailed and the bill and resolution were so deferred.

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

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

j-236b

Sen. Daugaard moved that SB 236 be further amended as follows:

On page 4 , line 23 of the Senate Judiciary committee engrossed bill , delete " that " and insert " than " .

On page 8 , line 12 , delete " sections 21 and 22 " and insert " section 20 " .

On page 9 , line 1 , delete " 21 and 22 " and insert " 20 and 21 " .

On page 9 , line 7 , delete " sections 21 and 22 " and insert " section 20 " .

On page 9 , line 14 , delete " sections 21 and 22 " and insert " section 21 " .

On page 12 , line 16 , after " nonrefundable. " insert " This fee shall be remitted by the Division of Banking to the state general fund. "

On page 16 , after line 14 , insert:

" Section 44. That § 29A-1-102 be amended to read as follows:

29A-1-102. This code shall be liberally construed and applied to promote simplification, clarification, and efficiency in the law of decedent's estates, guardianship and conservatorship, and multiple-party accounts and other nonprobate transfers. This code also includes sections 12 to 19, inclusive, of this Act. "

Which motion prevailed and SB 236 was so amended.

The question being "Shall SB 236 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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting

Nays were:
Kloucek; Staggers

Excused were:
Valandra

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

The question being on the title.

Sen. Daugaard moved that the title to SB 236 be amended as follows:

On page 1 , line 1 of the Senate Judiciary committee engrossed bill , after " trusts " insert " and estates " .

Which motion prevailed and the title was so amended.

SB 239: FOR AN ACT ENTITLED, An Act to impose legal responsibility and tort liability for environmental damages caused by the negligent entrustment of livestock to another or negligent control or specification of design, construction, or operational instruction of livestock facilities.

Was read the second time.

     The question being "Shall SB 239 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; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
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 240: FOR AN ACT ENTITLED, An Act to prohibit certain discharges associated with livestock operations, to establish an environmental livestock cleanup fund, and to make an appropriation therefor.

Was read the second time.

t-240e

Sen. Flowers moved that SB 240 be further amended as follows:

On page 4 , line 6 of the printed bill , delete " and " .

On page 4 , line 9 , delete " . " and insert " ; and " .

On page 4 , after line 9 , insert:

" (4) Any fees collected pursuant to section 15 of this Act. "

On page 7 , after line 12 of the printed bill , insert:

" Section 15. In addition to any other fee or tax levied by law, there is hereby imposed a quarterly fee to be paid by any operation regulated by the Department of Environment and Natural Resources under a general water pollution control permit for concentrated animal feeding operations. The fee is in the amount of ten cents for each head of livestock that has been present at the operation during the quarter. The fee is payable on March thirty-first, June thirtieth, September thirtieth, and December thirty-first for the respective preceding quarter and shall be paid no later than thirty days after the fee became payable. When the environmental livestock cleanup fund balance first reaches one million five hundred thousand dollars or more, the sum of seven hundred fifty thousand dollars shall be transferred from the environmental livestock cleanup fund to the general fund. Thereafter, if the environmental livestock cleanup fund balance is less than seven hundred fifty thousand dollars, the department shall notify all affected operations that the fee is due and payable for the quarter during which the fund balance fell below seven hundred fifty thousand dollars. If the environmental livestock cleanup fund balance is seven hundred fifty thousand dollars or more, the department shall notify all affected operations that the collection of the fee is temporarily suspended and need not be paid until further notice. If the fund balance then becomes less than seven hundred fifty thousand dollars, the department shall notify all affected operations that collection of the fee will resume and that the fee for the quarter during which the fund balance fell below seven hundred fifty thousand dollars is due and payable. All fees collected pursuant to this section shall be deposited into the environmental livestock cleanup fund. The Department of Environment and Natural Resources

shall promulgate rules pursuant to chapter 1-26 to specify the methods, schedules, and requirements for notice, collection, and payment of the fee. "

b-240a

Sen. Frederick moved as a substitute motion that SB 240 be further amended as follows:

On page 7 , after line 15 of the Senate Agriculture & Natural Resources committee engrossed bill , insert:

" Section 15. On July first, the state treasurer shall transfer all money in excess of two million dollars ($2,000,000) from the environmental livestock cleanup fund to the general fund. "

Which motion prevailed and SB 240 was so amended.

b-240c

Sen. Hunhoff moved that SB 240 be further amended as follows:

On page 2 , line 7 of the Senate Agriculture & Natural Resources committee engrossed bill , delete " providing for an environmental livestock cleanup fund " .

On page 3 , line 22 , delete everything after " Section 3. "

On page 3 , line 23 , delete " as the environmental livestock cleanup fund " and insert " The regulated substance response fund may be used " .

On page 4 , line 1 , delete " environmental livestock cleanup " and insert " regulated substance response " .

On page 4 , line 12 , delete " environmental livestock cleanup " and insert " regulated substance response " .

On page 4 , line 13 , delete everything after " Act. "

On page 4 , delete lines 14 to 22, inclusive .

On page 4 , line 24 , delete " environmental livestock cleanup " and insert " regulated substance response " .

On page 5 , line 3 , delete " environmental livestock cleanup " and insert " regulated substance response " .

On page 6 , line 1 , delete " environmental livestock cleanup " and insert " regulated substance response " .

On page 6 , line 2 , delete " environmental livestock cleanup " and insert " regulated substance response " .

On page 6 , line 5 , delete " environmental livestock " and insert " regulated substance response " .

On page 6 , line 6 , delete " cleanup " .

On page 7 , line 7 , delete " environmental livestock " and insert " regulated substance response " .

On page 7 , line 8 , delete " cleanup " .

Sen. Halverson moved that Sen. Hunhoff's motion to further amend SB 240 be laid on the table.

Sen. Hunhoff requested a roll call vote.

Which request was supported.

     The question being on Sen. Halverson's motion that Sen. Hunhoff's motion to further amend SB 240 be laid on the table.

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, 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); Rounds; Shoener; Staggers; Vitter; Whiting

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

Excused were:
Valandra

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Hunhoff's motion to further amend SB 240 was laid on the table.

b-240b

Sen. Hunhoff moved that SB 240 be further amended as follows:

On page 7 , line 8 of the Senate Agriculture & Natural Resources committee engrossed bill , after " real " insert " or personal " .

On page 7 , line 8 , after " property " insert " , which may include livestock, " .

Sen. Rounds moved that SB 240, with Sen. Hunhoff's pending motion to further amend, be placed to follow SB 218 on today's calendar.

Which motion prevailed.

SB 146: FOR AN ACT ENTITLED, An Act to provide a limited refund of the contractor's excise tax for the construction of new or existing residential housing.

Was read the second time.

z-146

Sen. Frederick moved that SB 146 be further amended as follows:

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

" Section 1. There is hereby appropriated from the general fund the sum of two million two hundred thousand dollars ($2,200,000), or so much thereof as may be necessary, to the Department of Social Services to purchase houses for low-income people from the South Dakota Housing Development Authority inmate housing program.

Section 2. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 3. This Act takes effect July 1, 1999.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2000, shall revert in accordance with § 4-8-21. "

Sen. Hunhoff requested that Joint Rule 5-17 be invoked on SB 146.

Which request was supported and SB 146 with Sen. Frederick's pending motion to amend was deferred until Thursday, February 12, the 23rd legislative day.

SB 161: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Was read the second time.

     The question being "Shall SB 161 pass?"

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

Nays were:
Halverson; Staggers

Excused were:
Valandra

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 218: FOR AN ACT ENTITLED, An Act to provide for a Limited Liability Company Act.

Was read the second time.

Sen. Rounds moved that SB 218 be placed to follow SB 235 on today's calendar.

Which motion prevailed.

Sen. Rounds moved that SB 240 be placed to follow SB 218 on today's calendar.

Which motion prevailed.

SB 228: FOR AN ACT ENTITLED, An Act to provide certain requirements for new continuing care retirement communities.

Was read the second time.

x-228

Sen. Brown (Arnold) moved that SB 228 be further amended as follows:

On page 2 , line 20 of the Senate Health and Human Services committee engrossed bill , after " may " insert " not " .

Which motion prevailed and SB 228 was so amended.

     The question being "Shall SB 228 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

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

Excused were:
Frederick; 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 235: FOR AN ACT ENTITLED, An Act to prevent criminals from suing their victims for damages.

Was read the second time.

The question being "Shall SB 235 pass as amended?"

And the roll being called:

Excused were:
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 218: FOR AN ACT ENTITLED, An Act to provide for a Limited Liability Company Act.

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

     The question being "Shall SB 218 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, 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; Johnson (William); Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Hutmacher; Kleven; Kloucek

Excused were:
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.

x-240

Sen. Hunhoff moved as a substitute motion that SB 240 be further amended as follows:

On page 7 , line 8 of the Senate Agriculture and Natural Resources committee engrossed bill , after " responsible person. " insert " If the responsible person has contracted to raise livestock on property from which a discharge has occurred, a lien may be placed on the responsible person's livestock. "

Sen. Halverson moved that Sen. Hunhoff's substitute motion to further amend SB 240 be laid on the table.

Sen. Hunhoff requested a roll call vote.

Which request was supported.

    The question being on Sen. Halverson's motion that Sen. Hunhoff''s substitute motion to further amend SB 240 be laid on the table.

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Valandra

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Hunhoff's substitute motion to further amend SB 240 was laid on the table.

Sen. Hutmacher requested that Joint Rule 5-17 be invoked on SB 240.

Which request was supported and SB 240 with Sen. Hunhoff's pending motion to further amend was deferred until Thursday, February 12, the 23rd legislative day.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1010: FOR AN ACT ENTITLED, An Act to provide for certain limited term nonresident waterfowl licenses.

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

HB 1153: FOR AN ACT ENTITLED, An Act to provide for the succession to a vehicle dealership by a legal heir or devisee.

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

HB 1161: FOR AN ACT ENTITLED, An Act to provide for the disposition of the remains of human embryos and fetuses.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain solid waste reduction goals and landfill bans.

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

HB 1206: FOR AN ACT ENTITLED, An Act to provide for legislative review of zoning ordinances if there is a protest filed.

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

HB 1234: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to confidentiality of certain medical committees.

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

HB 1251: FOR AN ACT ENTITLED, An Act to provide a process for a manufacturer to place a lien on or dispose of a die, mold, form, or pattern.

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

HB 1268: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to water development districts.

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

HB 1271: FOR AN ACT ENTITLED, An Act to revise the procedure for petitioning the board of county commissioners.

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

HB 1285: FOR AN ACT ENTITLED, An Act to restrict parental choice of certain nonmedical remedial health services for children.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1292: FOR AN ACT ENTITLED, An Act to classify certain land as nonagricultural acreage and revise the tax levy for the general fund purposes of a school district.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1008: FOR AN ACT ENTITLED, An Act to revise the requirements for using an absentee ballot.

Was read the second time.

     The question being "Shall HB 1008 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); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Ham

Excused were:
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.

HB 1056: FOR AN ACT ENTITLED, An Act to revise the procedure to fix a new time period for execution of a death sentence if the time period established by the original warrant of execution has passed.

Was read the second time.

     The question being "Shall HB 1056 pass as amended?"

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

Nays were:
Staggers

Excused were:
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.

HB 1058: FOR AN ACT ENTITLED, An Act to revise certain statutes relating to jury districts.

Was read the second time.

     The question being "Shall HB 1058 pass?"

     And the roll being called:

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

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

Excused were:
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.

HB 1077: FOR AN ACT ENTITLED, An Act to increase the fees the sheriff is allowed for collecting taxes.

Was read the second time.

     The question being "Shall HB 1077 pass?"

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

Nays were:
Kloucek; Staggers

Excused were:
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.

HB 1080: FOR AN ACT ENTITLED, An Act to revise the criteria and income limits of a person eligible for a real property tax assessment freeze.

Was read the second time.

The question being "Shall HB 1080 pass as amended?"

And the roll being called:

Excused were:
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.

HB 1141: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the publication of certain public employees' salaries.

Was read the second time.

     The question being "Shall HB 1141 pass?"

     And the roll being called:

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

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

Excused were:
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.

HB 1167: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning appeals from decisions of county boards of equalization and to declare an emergency.

Was read the second time.

The question being "Shall HB 1167 pass?"

And the roll being called:

Excused were:
Valandra

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.

SIGNING OF BILLS

     The President publicly read the title to

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

     HB 1041: FOR AN ACT ENTITLED, An Act to authorize the Banking Commission to promulgate certain administrative rules regarding the mortgage lending business.

     HB 1042: FOR AN ACT ENTITLED, An Act to revise certain authority relating to installment loan licensing and lending requirements.

     HB 1045: FOR AN ACT ENTITLED, An Act to provide for the licensing of loan production offices.

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

     HB 1052: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the sale of a mobile home or manufactured homes by a dealer or a real estate salesperson or broker.

     HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding registration, numbering, titling, and taxation of certain boats.

     HB 1139: FOR AN ACT ENTITLED, An Act to revise the procedures for conducting an auction sale of new merchandise.

     HB 1152: FOR AN ACT ENTITLED, An Act to allow truck tractors to be sold at a temporary special events lot.

     HB 1154: FOR AN ACT ENTITLED, An Act to revise the maximum allowable length of certain automobile and boat transporters.

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

     HB 1198: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to earnings subject to garnishment.

     HB 1224: FOR AN ACT ENTITLED, An Act to authorize dealers of school buses to certify that a school bus complies with state law under certain conditions.

     HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the sale of titled vehicles.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 8 Introduced by: Senators Brown (Arnold) and Halverson and Representatives Roe, Diedrich, and Smidt

A LEGISLATIVE COMMEMORATION, Recognizing Jennifer Jones as a 1998 recipient of the Prudential Spirit of Community Award.

WHEREAS, Jennifer Jones, an esteemed resident of Brookings, South Dakota, and a student at Brookings High School, has achieved recognition for exemplary volunteer service; and

WHEREAS, this prestigious award, presented by the Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Jennifer Jones earned this award by giving generously of her time and energy to educate the public about traffic safety, including drunk driving prevention and school bus and seat belt safety:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that Jennifer Jones be congratulated as a recipient of a Prudential Spirit of Community Award in recognition of her outstanding record of public service.

Sen. Brown (Arnold) moved that the Senate do now adjourn, which motion prevailed, and at 4:54 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary