Senate Journal 02/12/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 12, 1998

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

     The prayer was offered by the Chaplain, Pastor James Sumner, followed by the Pledge of Allegiance led by Senate page Brooke Drewes.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

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

CONSIDERATION OF EXECUTIVE APPOINTMENTS

Sen. Halverson moved that the confirmations of executive appointments on today's calendar be taken on one vote, as on a consent calendar.

Which motion prevailed.

     The Senate proceeded to the consideration of the executive appointment of Margaret J. Dahl, of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education.

    The question being "Does the Senate advise and consent to the executive appointment of Margaret J. Dahl pursuant to the executive message as found on page 274 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     So the 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 Glenna N. Fouberg of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education.

    The question being "Does the Senate advise and consent to the executive appointment of Glenna N. Fouberg pursuant to the executive message as found on page 274 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

So the 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 Dean Sorenson 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 Dean Sorenson pursuant to the executive message as found on page 275 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

     So the 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 58 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1248 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1126, 1166, and 1249 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1165 and returns the same with the recommendation that said bill be amended as follows:

j-1165

On page 1 , line 6 of the House engrossed bill , overstrike " 1994 " .

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

On page 4 , line 4 , overstrike " 1994 " .

On page 4 , line 4 , delete " or " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1324 and returns the same with the recommendation that said bill be amended as follows:

j-1324

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

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

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

On page 1 , line 6 , after " chapter " insert " or a vehicle impounded pursuant to § 32-30-19 " .

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

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1088 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1277 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 Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1029 and returns the same with the recommendation that said bill be amended as follows:

t-1029j

On page 6 , remove the overstrikes from line 23 of the House engrossed bill .

On page 6 , line 23 , overstrike " 13 " and insert " 12 " .

On page 7 , line 24 , overstrike " ; " .

On page 15 , line 11 , remove the overstrikes from " ~~nonresident shooting preserve license~~ " .

On page 15 , line 11 , overstrike " the " and insert " a " .

On page 15 , line 11 , before " nonresident " insert " or a " .

t-1029k

On page 4 , line 15 of the House engrossed bill , delete " racoons, badgers, brown headed " .

On page 4 , line 16 , delete " cow bird, " .

On page 12 , line 15 , delete " racoons, badgers, brown headed cow birds, " .

On page 12 , line 21 , delete " racoons, badgers, brown headed cow " .

On page 12 , line 22 , delete " birds, " .

On page 15 , line 19 , delete " brown headed cow bird, " .

On page 15 , line 21 , after " magpie, " insert " brown headed cow bird, " .

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 HB 1110 and returns the same with the recommendation that said bill be amended as follows:

t-1110

On page 1 , line 8 of the printed bill , after " or " insert " nonresident " .

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 HCR 1008 and 1010 and returns the same with the recommendation that said resolutions be concurred in and placed on the Consent Calendar.

Respectfully submitted,
Jim Dunn, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 58 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1013, 1096, 1099, 1140, 1146, 1197, 1214, 1217, 1221, 1237, 1263, 1269, 1298, 1313, 1329, and 1330 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 1080.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1012 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1012: A CONCURRENT RESOLUTION, Setting forth certain legislative policy recommendations to the Game, Fish and Parks Commission.

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

     Yesterday, Sen. Brown (Arnold) announced his intention to reconsider the vote by which SJR 4 was lost.

     Sen. Brown moved to reconsider the vote by which SJR 4 was lost.

     The question being on Sen. Brown's motion to reconsider the vote by which SJR 4 was lost.

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Dennert; Drake; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Johnson (William); Lange; Lawler; Rounds; Shoener; Symens; Vitter; Whiting

Nays were:
Daugaard; Dunn (Jim); Dunn (Rebecca); Hunhoff; Hutmacher; Kleven; Kloucek; Morford; Munson (David); Olson; Paisley; Reedy; Staggers; Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SJR 4 was up for reconsideration and final passage.

SJR 4: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and legislative term limits.

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

r-j4c

Sen. Flowers moved that SJR 4 be further amended as follows:

On page 2 , line 7 of the printed resolution , after " terms. " insert " Although the Governor shall fill any vacancy pursuant to Article IV, § 3, the term of appointment may not extend beyond the next general election and the unexpired portion of any term shall be filled at the intervening general election. "

Which motion prevailed and SJR 4 was so amended.

Sen. Hutmacher moved the previous question.

Which motion prevailed.

     The question being "Shall SJR 4 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Dennert; Drake; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Johnson (William); Lange; Lawler; Rounds; Shoener; Vitter; Whiting

Nays were:
Daugaard; Dunn (Jim); Dunn (Rebecca); Hunhoff; Hutmacher; Kleven; Kloucek; Morford; Munson (David); Olson; Paisley; Reedy; Staggers; Symens; Valandra

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

SCR 2: A CONCURRENT RESOLUTION, Requesting the South Dakota Congressional Delegation to support 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.

    Was read the second time.

     Sen. Frederick moved that SCR 2 as found on page 134 of the Senate Journal, and amended on page 404, be adopted.

     The question being on Sen. Frederick's motion that SCR 2 be adopted.

     And the roll being called:

     Yeas 30, Nays 5, Excused 0, Absent and Not Voting 0

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

Nays were:
Aker; Dennert; Dunn (Jim); Hainje; Lawler

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 2 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on SB 94 as found on page 446 of the Senate Journal; also

     Judiciary on HB 1101 as found on page 445 of the Senate Journal; also

     Judiciary on HB 1112 as found on page 445 of the Senate Journal; also

     State Affairs on HJR 1002 as found on page 442 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

     Sen. Aker moved that the word "not" be stricken from the report of the Committee on State Affairs on SB 185 as found on page 409 of the Senate Journal and that SB 185 be placed on today's calendar.

     The question being on Sen. Aker's motion that the word "not" be stricken from the report of the Committee on State Affairs on SB 185 as found on page 409 of the Senate Journal and that SB 185 be placed on today's calendar.

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Drake; Frederick; Halverson; Ham; Johnson (William); Kleven; Rounds; Shoener; Staggers; Whiting

Nays were:
Brosz; Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Symens; Vitter

Excused were:
Hainje; Valandra

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

     Sen. Hutmacher moved that the word "not" be stricken from the report of the Committee on Appropriations on SB 189 as found on page 456 of the Senate Journal and that SB 189 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 Appropriations on SB 189 as found on page 456 of the Senate Journal and that SB 189 be placed on today's calendar.

     And the roll being called:

     Yeas 17, Nays 16, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Symens; Valandra; Whiting

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

Excused were:
Hainje; Staggers

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

     Sen. Hunhoff moved that the word "not" be stricken from the report of the Committee on State Affairs on SB 224 as found on page 443 of the Senate Journal and that SB 224 be placed on today's calendar.

     The question being on Sen. Hunhoff's motion that the word "not" be stricken from the report of the Committee on State Affairs on SB 224 as found on page 443 of the Senate Journal and that SB 224 be placed on today's calendar.

     And the roll being called:

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

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

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

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

Sen. Morford requested that HB 1102 be removed from the Consent Calendar.

Sen. Frederick requested that HB 1235 be removed from the Consent Calendar.

Pursuant to Senate Rule 6-1, the President removed HB 1131 from the Consent Calendar.

HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to statewide open enrollment of students in public school districts.

Was read the second time.

     The question being "Shall HB 1024 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1074: FOR AN ACT ENTITLED, An Act to revise the date by which a rural fire protection district must certify an estimated tax levy request to a county auditor.

Was read the second time.

     The question being "Shall HB 1074 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

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

Was read the second time.

     The question being "Shall HB 1083 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1098: FOR AN ACT ENTITLED, An Act to allow coroners to issue subpoenas outside their own county and to allow special death investigators to issue subpoenas.

Was read the second time.

The question being "Shall HB 1098 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1127: FOR AN ACT ENTITLED, An Act to revise certain statutes pertaining to the power of municipalities to contract for planning and zoning services.

Was read the second time.

     The question being "Shall HB 1127 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1158: FOR AN ACT ENTITLED, An Act to revise the requirements for issuing a property tax receipt.

Was read the second time.

The question being "Shall HB 1158 pass?"

And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1177: FOR AN ACT ENTITLED, An Act to establish the amount of county road levy that is distributed to any municipality incorporated after 1984.

Was read the second time.

     The question being "Shall HB 1177 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1178: FOR AN ACT ENTITLED, An Act to allow the use of absentee voting in certain township elections and to allow registered voters to file a petition requiring township candidates to file a nominating petition.

Was read the second time.

The question being "Shall HB 1178 pass as amended?"

And the roll being called:

HB 1242: FOR AN ACT ENTITLED, An Act to specify the method of reporting the amount of certain school fund tax levies.

Was read the second time.

     The question being "Shall HB 1242 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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.

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

The question now being on Sen. Frederick's pending motion to further amend SB 146 as found on page 426 of the Senate Journal.

     Sen. Olson moved that Sen. Frederick's pending motion to amend SB 146 and SB 146 be laid on the table.

     The question being on Sen. Olson's motion that Sen. Frederick's pending motion to amend SB 146 and SB 146 be laid on the table.

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Lawler; Paisley; Reedy; Rounds; Valandra; Whiting

Nays were:
Aker; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Morford; Munson (David); Olson; Shoener; Staggers; Symens; Vitter

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and Sen. Frederick's pending motion to amend SB 146 and SB 146 were laid on the table.

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.

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

The question being on Sen. Hunhoff's pending motion that SB 240 be further amended as found on page 430 of the Senate Journal.

Sen. Hunhoff withdrew his pending motion to further amend SB 240.

     The question now being "Shall SB 240 pass as amended?"

     And the roll being called:

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

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

Excused were:
Aker

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 22: FOR AN ACT ENTITLED, An Act to provide for the deposit of certain moneys, held by the Board of Regents, into the school and public lands endowment to provide partial funding for the maintenance and repair needs of the South Dakota School for the Deaf and the South Dakota School for the Visually Handicapped.

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

Sen. Rounds moved that SB 22 be placed to follow SB 23 on today's calendar.

Which motion prevailed.

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.

f-193a

Sen. Staggers moved that SB 193 be amended as follows:

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

" Section 1. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

There are hereby exempted from the provisions of this chapter and the computation of the tax imposed by it, the gross receipts received by a mailing service for the cost of United States postage paid by such mailing service if the cost of postage is listed by the mailing service as a separate line item on the customer's bill and the cost of the postage is no greater than the cost of the postage to the mailing service.

For the purposes of this section, a mailing service is any business that uses the United States Postal Service to deliver items for a customer of the mail service.

Section 2. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

There are hereby exempted from the provisions of this chapter and the computation of the tax imposed by it, the use of United States postage. "

Which motion prevailed and SB 193 was so amended.

x-193

Sen. Daugaard moved that SB 193 be amended as follows:

In Sen. Staggers' previously adopted amendment, section 1, the last line, after " for " delete " a " and insert " another " and after "service" insert ", in which said mailing service has no financial interest".

Sen. Paisley requested a roll call vote.

    Which request was supported.

     The question being on Sen. Daugaard's motion to further amend SB 193.

     And the roll being called:

     Yeas 18, Nays 17, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Daugaard; Drake; Everist; Hainje; Ham; Johnson (William); Kleven; Paisley; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Brown (Arnold); Dennert; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Halverson; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Reedy; Valandra

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and SB 193 was so amended.

     The question now being "Shall SB 193 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 8, Excused 0, Absent and Not Voting 0

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

Nays were:
Dunn (Jim); Dunn (Rebecca); Frederick; Halverson; Hunhoff; Rounds; Valandra; Vitter

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. Staggers moved that the title to SB 193 be amended as follows:

On page 1 , line 1 of the printed bill , delete everything after " to " and insert "exempt certain United States postage gross receipts from sales and use tax."

Which motion prevailed and the title was so amended.

SB 21: FOR AN ACT ENTITLED, An Act to provide for the biennial registration of pesticides, to revise the distribution of the pesticide application fee, and to declare an emergency.

Was read the second time.

t-21

Sen. Symens moved that SB 21 be further amended as follows:

On page 4 , line 19 of the Senate Appropriations committee engrossed bill , before " shall " insert " in excess of three hundred thousand dollars " .

Which motion prevailed and SB 21 was so amended.

     The question being "Shall SB 21 pass as amended?"

     And the roll being called:

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

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

Nays were:
Staggers

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

SB 23: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a performing arts center at South Dakota State University and to make an appropriation therefor.

Was read the second time.

     The question being "Shall SB 23 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

z-22

Sen. Frederick moved that SB 22 be amended as follows:

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

" Section 3. There is hereby appropriated eight hundred twenty-five thousand dollars ($825,000) of other fund expenditure authority, or so much thereof as may be necessary, to the Board of Regents to allow the expenditure of moneys held pursuant to section 13-49-14.2, such moneys to be used for maintenance and repair needs of the South Dakota School for the Deaf and the South Dakota School for the Visually Handicapped.

Section 4. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

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

Sen. Dunn (Rebecca) moved that Sen. Frederick's motion to amend SB 22 be laid on the table.

Sen. Flowers requested a roll call vote.

    Which request was supported.

     The question being on Sen. Dunn's motion that Sen. Frederick's motion to amend SB 22 be laid on the table.

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0

     Yeas were:
Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Flowers; Hainje; Ham; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Shoener; Staggers; Symens; Valandra; Whiting

Nays were:
Aker; Albers; Brosz; Drake; Everist; Frederick; Halverson; Johnson (William); Kleven; Rounds; Vitter

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Frederick's motion to amend SB 22 was laid on the table.

     The question now being "Shall SB 22 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; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Drake; Frederick

Excused were:
Halverson

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 94: FOR AN ACT ENTITLED, An Act to provide for the payment of tuition for students who have been assigned to another school district.

Was read the second time.

     The question being "Shall SB 94 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 (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Dunn (Jim)

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 124: FOR AN ACT ENTITLED, An Act to appropriate money to the Department of School and Public Lands for repairs to dams on state-owned property.

Was read the second time.

j-124

Sen. Drake moved that SB 124 be amended as follows:

On page 1 , line 6 of the printed bill , after " property. " insert " Expenditure of these funds shall be approved by the secretary of the Department of Environment and Natural Resources based upon priorities for repair established by the Department of Environment and Natural Resources as determined by safety of dams inspections. "

Which motion prevailed and SB 124 was so amended.

The question being "Shall SB 124 pass as amended?"

And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

SB 147: FOR AN ACT ENTITLED, An Act to provide for an interim study of the impact of gaming in South Dakota.

Was read the second time.

o-147

Sen. Rounds moved that SB 147 be amended as follows:

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

" Section 1. The South Dakota Lottery shall conduct a thorough and comprehensive review of video lottery, and its relationship to all other forms of legal and illegal gaming and gambling in South Dakota. The Governor and the Executive Board of the Legislative Research Council together shall retain an outside neutral independent firm to conduct the review. The Governor and the Executive Board of the Legislative Research Council shall together oversee this review. The results and findings of this review shall be reported by the South Dakota Lottery Commission to the Governor and Legislature on or before December 15, 1998.

Section 2. The review shall include the compilation of empirical data and information on video lottery and its impact on the economy, budget and citizens of the State of South Dakota. All aspects of video lottery shall be examined and reported on, as part of the review. Video lottery's relationship to other forms of gaming and gambling, both legal and illegal, which are known to occur in South Dakota, shall also be examined. The review shall focus on video lottery, powerball and other on-line lottery games, and the scratch and match instant winner lottery conducted by the South Dakota Lottery. Deadwood gaming; Indian casino gaming pursuant to the Indian Gaming Regulatory Act; pari-mutuel horse and greyhound racing, including simulcasting; bingo; raffles; punch cards; sweepstakes; and, other charitable gaming authorized pursuant to chapter 22-25, and to the extent possible, illegal gambling, including sports bookmaking, may also be included in the firm's review as it relates to video lottery.

Section 3. The firm retained to conduct the review shall consider and examine the following areas:

(1) The real impact of video lottery, and gaming and gambling in South Dakota;

(2) The total gross amount of dollars wagered, gambled or expended in South Dakota on video lottery and other forms of gaming, broken down by type of gaming;

(3) The amount of revenue generated from gaming and gambling on video lottery and other forms of gaming, broken down by type of gaming;

(4) How, and to whom, that revenue is distributed;

(5) The impact video lottery and other gaming and gambling have on the state government budget;

(6) The number of people employed in the video lottery and the gaming and gambling industries;

(7) The amount and kinds of wages and fringe benefits paid to employees of the video lottery and gaming and gambling industries;

(8) How much, or what percent of the money gambled on video lottery comes from out- of-state sources, including border communities;

(9) How much, or what percent of the money gambled on other forms of gaming comes from out-of-state sources;

(10) How much, or what percent of the money gambled on video lottery comes from in- state sources;

(11) How much, or what percent of the money gambled on other forms of gaming comes from out-of-state sources;

(12) The demographics of South Dakota's gamblers, including:

(a) Type of gaming played;

(b) Age;

(d) Educational level;

(e) Home residence; and

(f) Other demographic factors;

(13) The impact of all forms of gaming and gambling vis-à-vis video lottery;

(14) The extent to which all forms of gaming and gambling and video lottery are tied together;

(15) If video lottery were repealed, what would the impact likely be on:

(a) Deadwood gaming;

(b) Indian casinos;

(d) Charitable gaming;

(e) Illegal gambling and gaming;

(16) The impact of Deadwood gaming on other forms of gaming in the state;

(17) The impact of Indian gaming on other forms of gaming in the state;

(18) The social and economic problems associated with video lottery, and other forms of gambling and gaming, including its impact on gamblers and their families;

(19) What types of gaming are players addicted to;

(20) If video lottery is repealed would addicted gamblers channel their addiction to Deadwood gaming, Indian casinos or other forms of legal or illegal gaming or gambling;

(21) The potential economic and social impact on cities, the industry, population growth and tourism, if video lottery or other forms of gaming and gambling were repealed;

(22) Other areas which may be requested by the Governor or the Executive Board of the Legislature Research Council.

Section 4. All costs of retaining an outside neutral independent firm shall be paid by the South Dakota Lottery from revenues generated from the state's share of video lottery revenues. "

Sen. Halverson moved the previous question.

Which motion prevailed.

The question being on Sen. Rounds' motion that SB 147 be amended

Which motion prevailed and SB 147 was so amended.

x-147

Sen. Rounds moved that SB 147 be further amended as follows:

In the previously adopted amendment, section 3, after "(21)" insert:

" (22) The impact of legalized gaming on crime and incarceration costs to local communities and the State of South Dakota; "

Renumber the subsection that follows.

Sen. Flowers moved the previous question.

Which motion prevailed.

The question being on Sen. Rounds' motion to further amend SB 147.

Which motion prevailed.

Sen. Lawler moved the previous question.

Which motion prevailed.

     The question now being "Shall SB 147 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent and Not Voting 0

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

Nays were:
Aker; Benson; Drake; Johnson (William)

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. Rounds moved that the title to SB 147 be amended as follows:

On page 1 , line 1 of the printed bill, delete everything after " to " and insert " study the effects of gaming in South Dakota. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 166: FOR AN ACT ENTITLED, An Act to place certain restrictions on the ownership of livestock feedlots by certain livestock processors.

Was read the second time.

t-166c

Sen. Hunhoff moved that SB 166 be amended as follows:

On the Senate Agriculture & Natural Resources committee engrossed bill , delete all previous committee amendments, thus restoring the bill to its original printed form.

On page 2 , line 3 of the printed bill , delete " ten " and insert " one hundred " .

On page 2 , line 7 , 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. This section does not apply to poultry. "

On page 2 , delete lines 8 and 9 .

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

On page 2 , delete lines 13 and 14 .

Which motion prevailed and SB 166 was so amended.

     The question being "Shall SB 166 pass as amended?"

     And the roll being called:

     Yeas 10, Nays 25, Excused 0, Absent and Not Voting 0

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

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

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

SB 204: FOR AN ACT ENTITLED, An Act to allow home school students to participate in certain high school activities.

Was read the second time.

c-204

Sen. Rounds moved that SB 204 be amended as follows:

On page 1 , line 13 of the printed bill , delete everything after " (3) " and insert " The student takes a nationally standardized achievement test as set forth in § 13-27-3 on an annual basis and achieves a composite score that is not less than the fiftieth percentile. " .

On page 1 , line 14 , delete everything before " In " .

Which motion prevailed and SB 204 was so amended.

Sen. Kloucek moved the previous question.

Which motion prevailed.

     The question being "Shall SB 204 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Daugaard; Dunn (Rebecca); Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Lange; Lawler; Rounds; Shoener; Staggers; Whiting

Nays were:
Albers; Benson; Brosz; Brown (Arnold); Dennert; Drake; Dunn (Jim); Everist; Flowers; Hutmacher; Kloucek; Morford; Munson (David); Olson; Paisley; Reedy; Symens; Valandra; Vitter

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

SB 215: FOR AN ACT ENTITLED, An Act to revise certain provisions fixing the compensation of certain court appointed counsel and expert witnesses.

Was read the second time.

f-215

Sen. Whiting moved that SB 215 be amended as follows:

On page 1 of the printed bill, remove the overstrikes from lines 9 and 10.

Sen. Lange moved the previous question.

Which motion prevailed.

The question being on Sen. Whiting's motion that SB 215 be amended.

Which motion prevailed and SB 215 was so amended.

     The question now being "Shall SB 215 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 5, Excused 0, Absent and Not Voting 0

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

Nays were:
Albers; Drake; Halverson; Johnson (William); Kleven

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 219: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to vested water rights claims.

Was read the second time.

Sen. Flowers moved the previous question.

Which motion prevailed.

The question being "Shall SB 219 pass as amended?"

And the roll being called:

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

Yeas were:
Albers; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Flowers; Frederick; Halverson; Ham; Hutmacher; Johnson (William); Morford; Munson (David); Olson; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Aker; Benson; Dennert; Dunn (Rebecca); Hainje; Hunhoff; Kleven; Kloucek; Lange; Lawler; Paisley; Reedy; 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 241: FOR AN ACT ENTITLED, An Act to make an appropriation for the Mickelson Scholars Program.

Was read the second time.

     The question being "Shall SB 241 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

Sen. Rounds moved that HB 1070, 1050, 1067, 1108, 1120, 1155 and 1232 be deferred until Friday, February 13, the 24th legislative day.

Which motion prevailed and the bills were so deferred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1013: FOR AN ACT ENTITLED, An Act to provide for the issuance of a landowner license to hunt certain big game animals.

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

HB 1096: FOR AN ACT ENTITLED, An Act to permit any party in contested cases to require the use of the Office of Hearing Examiners.

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

HB 1099: FOR AN ACT ENTITLED, An Act to prohibit a minor from purchasing, possessing, receiving, or consuming tobacco products or from attempting to purchase or receive tobacco products.

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

HB 1140: FOR AN ACT ENTITLED, An Act to provide for the regulation of boat dealers.

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

HB 1146: FOR AN ACT ENTITLED, An Act to mandate transferability of certain postsecondary credit hours.

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

HB 1197: FOR AN ACT ENTITLED, An Act to increase the penalties for drug distribution and storage and for possession of drugs and drug paraphernalia.

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

HB 1214: FOR AN ACT ENTITLED, An Act to require continuation and conversion of health care coverage when an employer ceases operations.

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

HB 1217: FOR AN ACT ENTITLED, An Act to revise certain aerial hunting provisions.

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

HB 1221: FOR AN ACT ENTITLED, An Act to define and regulate a qualified education loan insurer, to provide for the investment of certain funds, to allow surety student loan insurance, and to declare an emergency.

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

HB 1237: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

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

HB 1263: FOR AN ACT ENTITLED, An Act to implement the program for advanced payment of university tuition costs.

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

HB 1269: FOR AN ACT ENTITLED, An Act to provide for a method of redemption of landowner's coupons and hunter's coupons for the harvesting of deer by hunters on certain lands, to revise certain Game, Fish and Parks Commission rules relating to trophy buck licenses, and to provide certain penalties.

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

HB 1298: FOR AN ACT ENTITLED, An Act to define a sell-it-yourself lot.

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

HB 1313: FOR AN ACT ENTITLED, An Act to allow an owner, operator, or manager of a cemetery to apply for a disinterment permit.

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

HB 1329: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

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

HB 1330: FOR AN ACT ENTITLED, An Act to make an appropriation for adult basic education.

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

COMMUNICATIONS AND PETITIONS

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 181, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

SIGNING OF BILLS

     The President publicly read the title to

     SB 44: FOR AN ACT ENTITLED, An Act to revise the methods of compensating the administrator of the South Dakota Retirement System.

     SB 45: FOR AN ACT ENTITLED, An Act to provide benefit improvements for the members of the South Dakota Retirement System.

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

     SB 47: FOR AN ACT ENTITLED, An Act to revise the age at which certain members of the South Dakota Retirement System can retire without a reduction in benefits.

     SB 48: FOR AN ACT ENTITLED, An Act to permit the Huron firefighters to participate in the South Dakota Retirement System.

    SB 49 : FOR AN ACT ENTITLED, An Act to prorate the interest on contributions under the South Dakota Retirement System.

     SB 50: FOR AN ACT ENTITLED, An Act to reduce the eligibility period for vesting in the South Dakota Retirement System.

     SB 51: FOR AN ACT ENTITLED, An Act to prorate a South Dakota Retirement System benefit recipient's initial annual improvement factor.

     SB 58: FOR AN ACT ENTITLED, An Act to revise the requirement for real estate brokers to furnish closing statements in a real estate transaction.

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

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

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

     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.

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

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

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

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

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

     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.

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

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

     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.

     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.

     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.

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

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 9 Introduced by: Senator Dunn (Jim) and Representatives Jorgensen and Apa

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

WHEREAS, Jennifer Larson, an esteemed resident of Spearfish, South Dakota, and a student at Spearfish Middle 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 Larson earned this award by giving generously of her time and energy by organizing a backyard carnival three years in a row to benefit a campaign for a new library:

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

SC 10 Introduced by: Senators Hutmacher, Dunn (Jim), Dunn (Rebecca), Hunhoff, Kloucek, Rounds, and Valandra and Representatives Cerny, Kredit, Lucas, and Putnam

A LEGISLATIVE COMMEMORATION, Honoring the 1997 Wagner Red Raiders High School girls' basketball team and the staff of the girls' basketball program.

WHEREAS, the 1997 Wagner Red Raiders High School girls' basketball team won the South Dakota Class A High School Girls' Basketball Championship with a perfect 24-0 record, by virtue of excellent academic achievement and perseverance on and off the athletic field; and

WHEREAS, the 1997 Wagner Red Raiders High School girls' basketball team received superior wisdom and superb leadership and guidance from coaches Neil Goter, Corrie Talsma, and Penny Evans; and

WHEREAS, Jenny Durham, Mandy Koupal, Suzy Sully, Brandy Durham, and Heidi Odens were awarded Class A All-State Awards for their exceptional performances and dedication during the 1997 campaign:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that the Wagner Red Raiders High School girls' basketball team be recognized for their excellence in athletics and academics for the 1997-98 school year.

SC 11 Introduced by: Senators Aker, Kloucek, Shoener, and Whiting and Representatives Madden, Derby, Duniphan, Eccarius, Fitzgerald, and Napoli

A LEGISLATIVE COMMEMORATION, Recognizing Lisa Burnette for receiving a 1998 Prudential Spirit of Community Award.

WHEREAS, Lisa Burnette, an esteemed resident of Rapid City, South Dakota, and a student at North Middle School, Rapid City, has achieved national recognition for exemplary volunteer service; and

WHEREAS, Lisa Burnette earned this award by giving generously of her time and energy by organizing a breast cancer awareness day at her school during National Breast Cancer Awareness Month:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that Lisa Burnette be congratulated as a recipient of a Prudential Spirit of Community Award, and that her outstanding record of volunteer service, peer leadership, and community spirit be recognized.

Sen. Daugaard moved that the Senate do now adjourn, which motion prevailed, and at 6:30 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary