JOURNAL OF THE SENATE

SEVENTY-THIRD  SESSION



TWENTY-FIFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 14, 1998

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Deacon Charles Walker, followed by the Pledge of Allegiance led by Senate page Holly Rounds.

     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-fourth 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.
HONORED GUESTS


     The President introduced Nicole Strand, Lemmon, Junior Miss Rodeo South Dakota and Buffalo Regional High School Rodeo Queen, who was escroted to the rostrum by Sen. Johnson.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     Sen. Halverson moved that the consideration 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 Dr. Jerome K. Howe of Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation Board.

    The question being "Does the Senate advise and consent to the executive appointment of Dr. Jerome K. Howe pursuant to the executive message as found on page 374 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 Marilyn Hoyt of Beadle County, Huron, South Dakota, to the South Dakota Board of Education.

    The question being "Does the Senate advise and consent to the executive appointment of Marilyn Hoyt pursuant to the executive message as found on page 374 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 Harry V. Peterson of Pennington County, Rapid City, South Dakota, to the Career Service Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Harry V. Peterson pursuant to the executive message as found on page 375 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 motion 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 SB 66, 117 and 137 were delivered to his Excellency, the Governor, for his approval at 11:55 a.m., February 14, 1998.

Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 13, 29, 55, 59, 61, 63, 65, 69, 71, 101, 123, and 200 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1013, 1197, 1221, and 1229 and returns the same with the recommendation that said bills do pass.


Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1173 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 State Affairs respectfully reports that it has had under consideration HCR 1005 and returns the same with the recommendation that said resolution be concurred in.


Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1096 which was deferred to the 36th legislative day.



Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Charles E. Clay, Fall River County, Hot Springs, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Jerry Prostrollo, Lake County, Madison, South Dakota, to the South Dakota

Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dennis Yeaton, Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of John Rothstein, Walworth County, Mobridge, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1082, 1195, and 1268 and returns the same with the recommendation that said bills do pass.



Also MADAM PRESIDENT:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1157 and 1211 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 Local Government respectfully reports that it has had under consideration HB 1271 and returns the same with the recommendation that said bill be amended as follows:

t-1271

     On page 1 , after line 10 of the House engrossed bill , insert:

"      Section 2. That § 11-2-30 be amended to read as follows:


     11-2-30.   The board of county commissioners shall thereafter by resolution or ordinance, as appropriate, either adopt or reject such amendment, supplement, change, modification , or repeal, and if it is adopted by the board of county commissioners, a summary of the same shall be prepared by the county planning commission, reviewed by the state's attorney, and published once in the official newspaper in such the county and take effect on the twentieth day after its publication. The provisions of §   11-2-22 shall be applicable hereto apply. If the board of county commissioners rejects the petition amendment, supplement, change, modification, or repeal, the decision is subject to the referendum process established pursuant to § §  7-18A-15 to 7-18A-24, inclusive . "

     And that as so amended said bill do pass.

Respectfully submitted,
Alan Aker, Chair

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration HB 1104 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.



Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration HB 1281 and returns the same with the recommendation that said bill be amended as follows:

c-1281b

     On page 2 , line 1 of the House engrossed bill , after " plan. " insert " This section does not apply to real property improvements. "

     And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1234 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1086, 1121, 1193, and 1210 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.



Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1206 and returns the same with the recommendation that said bill be amended as follows:

r-1206

     On page 1 , line 15 of the House engrossed bill , after " The " insert " protest " .

     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1252 and returns the same with the recommendation that said bill be amended as follows:

r-1252c

     On page 1 , delete lines 12 and 13 of the House engrossed bill and insert "The application shall contain a separate line for the signatures of the applicants verifying that the applicants have read and understand the statement."

     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1270 and returns the same with the recommendation that said bill be amended as follows:

r-1270

     On page 2 , delete lines 10 and 11 of the printed bill , and insert:

"      (8)    An annual inventory of any item or category of items of personal property with a value of two thousand five hundred dollars or more which has come into the conservator's possession or knowledge for the minor or protected person. "

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

Respectfully submitted,
Fred Whiting, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 13, 29, 55, 59, 61, 63, 65, 69, 71, 101, 123, and 200 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1142, 1160, 1162, 1179, 1257, 1288, 1302, 1305, 1306, 1316, and 1322 and HJR 1006 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS


    SENATE PAGE RESOLUTION 3: Introduced by: Senators Aker, Albers, Benson, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebbeca), 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, and Whiting

    A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy- third Legislature of the State of South Dakota to Courtney Brannan, Brooke Drewes, Holly Haanen, Anna Lakness, Quentin Riggins, Holly Rounds, Jeremy Smith, Brandon Stengel, John Ullmann, and Shawna Wood

    WHEREAS, the above named served loyally as pages for the Senate of the Seventy-third Legislature for eleven consecutive days; and

    WHEREAS, the members of the Seventy-third Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, that a personal copy of this resolution be duly certified and furnished to each on their last day of service.

    Sen. Rounds moved that Senate Page Resolution 3 be adopted.

    The question being on Sen. Rounds' motion that Senate Page Resolution 3 be adopted.

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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.

     Sen. Halverson moved that HB 1029, 1212, 1285, and 1286 be deferred until Tuesday, February 17, the 26th legislative day.

     Which motion prevailed and the bills were so deferred.

     HCR 1004:   A CONCURRENT RESOLUTION,   Urging the United States Senate to reject the Kyoto Protocol on global warming.

    Was read the second time.

     Sen. Vitter moved that the Senate do concur in HCR 1004 as found on page 63 of the House Journal.

    Sen. Lawler moved the previous question.

    Which motion prevailed.
.

    The question being on Sen. Vitter's motion that the Senate do concur in HCR 1004.

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0

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

     Nays were:
Daugaard; Dunn (Rebecca); Lawler; Paisley; Valandra; Whiting

     Excused were:
Benson

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES



     Sen. Rounds moved that the report of the Standing Committee on

     Judiciary on HB 1027 as found on page 504 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Aker requested that HB 1267 be removed from the Consent Calendar.

    Pursuant to Senate Rule 6-1, the President removed HB 1069 from the Consent Calendar.

     HB 1026:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding crime victims' compensation.

     Was read the second time.

     The question being "Shall HB 1026 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Benson

     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 1089:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the killing or taking of elk and turkey which are damaging property.

     Was read the second time.

     The question being "Shall HB 1089 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Benson

     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 1122:   FOR AN ACT ENTITLED, An Act   to affirm the right of family members to assist in certain births.

     Was read the second time.

     The question being "Shall HB 1122 pass?"

     And the roll being called:

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

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

     Excused were:
Benson

     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 1233:   FOR AN ACT ENTITLED, An Act   to repeal certain provisions regarding the classification of agricultural land.

     Was read the second time.

     The question being "Shall HB 1233 pass?"

     And the roll being called:

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

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

     Excused were:
Benson

     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 1324:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the disposal of certain abandoned vehicles and certain impounded vehicles.

     Was read the second time.

     The question being "Shall HB 1324 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Benson

     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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1142:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the regulation of telecommunication companies and telecommunication services.

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

     HB 1160:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the regulation of telecommunication companies.

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

     HB 1162:   FOR AN ACT ENTITLED, An Act   to require the systematic reporting of information concerning abortions, informed consent, and parental notice.

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

     HB 1179:   FOR AN ACT ENTITLED, An Act   to provide for a legislative study of a repeal of the video lottery.

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

     HB 1257:   FOR AN ACT ENTITLED, An Act   to provide for the protection of children from prenatal exposure to alcohol and drugs.

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

     HB 1288:   FOR AN ACT ENTITLED, An Act   to increase the fee for preparing a garnishment disclosure.

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

     HB 1302:   FOR AN ACT ENTITLED, An Act   to request an interim study of the practice of direct entry midwifery.

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

     HB 1305:   FOR AN ACT ENTITLED, An Act   to provide rule-making authority to the Gaming Commission to establish the number of employees required on a premises with limited card games and slot machines.

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

     HB 1306:   FOR AN ACT ENTITLED, An Act   to revise reunification of a parent and child if a child has been removed from a home and to revise termination of parental rights.

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

     HB 1316:   FOR AN ACT ENTITLED, An Act   to revise certain provisions related to drug free zones around schools and certain other youth-oriented facilities.

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

     HB 1322:   FOR AN ACT ENTITLED, An Act   to revise certain provisions pertaining to managed care for certain injured employees under workers' compensation.

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

     HJR 1006:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article VIII of the Constitution of the State of South Dakota, relating to classification of property for purposes of taxation.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1093:   FOR AN ACT ENTITLED, An Act   to increase the amount of property exempt from process and to allow any person who is not the head of a family to claim an exemption in certain bankruptcy proceedings.

     Was read the second time.

     The question being "Shall HB 1093 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent and Not Voting 0

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

     Nays were:
Halverson; Ham; Johnson (William); Kleven; Morford; Olson; Staggers; Vitter

     Excused were:
Drake; 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.

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

MOTIONS AND RESOLUTIONS


     Sen. Staggers moved that HB 1175 be referred from the Committee on Transportation to the Committee on Commerce.

     Which motion prevailed and the bill was so referred.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

     HB 1110:   FOR AN ACT ENTITLED, An Act   to authorize increased fees to be charged by certain Department of Game, Fish and Parks license agents.
     Was read the second time.

     The question being "Shall HB 1110 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; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Hainje

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

     Was read the second time.

     The question being "Shall HB 1165 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; 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:
Drake; Staggers

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

     Was read the second time.

t-1174c

     Sen. Hunhoff moved that HB 1174 be amended as follows:

     On page 4 , after line 10 of the House engrossed bill , insert:

"      Beginning July 1, 1998, any landfill that annually reduces the tonnage of solid waste landfilled by more than twenty-five percent of the tonnage landfilled in the base year of 1990 may reduce the landfill's disposal fee paid pursuant to §  34A-6-81. The reduction in the landfill's disposal fee equals one cent for each percent of solid waste reduction achieved and documented for the previous year. The landfilled tonnage and service population shall be certified by the landfill. Certification shall accompany the disposal fee submitted to the Department of Environment and Natural Resources. The landfill shall use the savings derived from any such disposal fee reduction for purposes that promote or encourage the recycling, reuse, or reduction of waste materials, including public education efforts and the funding or implementation of recycling or waste reduction projects. If a landfill has not reached the fifty percent goal as set forth in § 34A-6-60 by July 1, 2001, the landfill is not eligible for the disposal fee reduction until such time as the fifty percent goal is achieved. "


     Sen. Drake moved that Sen. Hunhoff's motion to amend HB 1174 be laid on the table.

    Sen. Hunhoff requested a roll call vote.

    Which request was supported.


     The question being on Sen. Drake's motion that Sen. Hunhoff's motion to amend HB 1174 be laid on the table.

     And the roll being called:

     Yeas 19, Nays 15, Excused 1, Absent and Not Voting 0

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

     Nays were:
Brosz; Daugaard; Dennert; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Paisley; Reedy; Symens; Valandra

     Excused were:
Dunn (Rebecca)

     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 amend HB 1174 was laid on the table.

     The question now being "Shall HB 1174 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0

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

     Nays were:
Brosz; Dunn (Rebecca); Kloucek; Lawler; Morford; Olson

     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 1284:   FOR AN ACT ENTITLED, An Act   to revise the factors used in determining the value of agricultural land.

     Was read the second time.

     The question being "Shall HB 1284 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 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 second time.

     Sen. Dunn (Jim) moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1292 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Everist; Hainje; Lawler; Reedy

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

SIGNING OF BILLS


     The President publicly read the title to

     SB 13: FOR AN ACT ENTITLED, An Act  to revise the State Board of Elections' rule- making authority.

     SB 29: FOR AN ACT ENTITLED, An Act  to revise the circumstances under which a school district may charge a fee for school bus transportation services.

     SB 55: FOR AN ACT ENTITLED, An Act  to revise certain real estate licensing application and examination procedures and to authorize the increase of license application fees.

     SB 59: FOR AN ACT ENTITLED, An Act  to revise certain exemptions to real estate licensing requirements.

     SB 61: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the regulation of fireworks.

     SB 63: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding unprofessional conduct by real estate licensees.

     SB 65: FOR AN ACT ENTITLED, An Act  to revise the advertising restrictions for real estate licensees.

     SB 69: FOR AN ACT ENTITLED, An Act  to revise certain provisions concerning the filing of contractor's excise tax returns and to declare an emergency.

     SB 71: FOR AN ACT ENTITLED, An Act  to revise certain dates pertaining to references to the Internal Revenue Code

     SB 101: FOR AN ACT ENTITLED, An Act  to repeal the requirement to provide certain guardrails on county and township bridges.

     SB 123: FOR AN ACT ENTITLED, An Act  to establish uniform charges against certain property to pay for the cost of publication.

     SB 200: FOR AN ACT ENTITLED, An Act  to repeal the waiver of academic achievement tests for special education students.

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

     HB 1059: FOR AN ACT ENTITLED, An Act  to revise certain statutes regarding residence and voting qualifications of magistrate judges.

     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.

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

     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.

     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.

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

     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.

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

     And signed the same in the presence of the Senate.

     Sen. Dunn (Jim) moved that the Senate do now adjourn, which motion prevailed, and at 2:45 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary