JOURNAL OF THE SENATE

SEVENTY-THIRD  SESSION



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 19, 1998

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

     The prayer was offered by the Chaplain, Pastor Michelle Bradley, followed by the Pledge of Allegiance led by Senate page Spencer Arne.

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

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

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


February 19, 1998

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 66, 117, and 137, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 34, 115, 118, 131, 140, 143, and 148 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1217 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 1269 and returns the same with the recommendation that said bill be amended as follows:

o-1269c

     On page 1 , line 8 of the House State Affairs committee engrossed bill , delete " . "

     On page 1 , line 8 , after " "landowner's coupon" " insert " attached to a license which permits the harvest of an antlered deer. "
     On page 1 , line 15 , after " license. " insert " Upon receipt of the coupon attached to a license permitting the harvest of only an antlerless deer and affidavit, the department shall pay the landowner fifteen dollars for each coupon from an applicable deer license. "

     On page 2 , line 4 , after " affidavits, " insert " and " .

o-1269t

     On page 1 , line 2 of the House State Affairs committee engrossed bill , delete " and hunter's coupons " .

     On page 1 , line 2 , after " lands " delete " , to " .

     On page 1 , delete line 3 , and insert " and " .

     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 1012 and returns the same with the recommendation that said resolution be concurred in.


Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1153 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 1151 and returns the same with the recommendation that said bill be amended as follows:

j-1151b

     On page 1 , line 12 of the House Commerce committee engrossed bill , delete " in " and insert " a " .

     On page 2 , after line 7 , insert " This section does not apply to franchise agreements involving travel trailers or motor homes. "

     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 1175 which was deferred to the 36th legislative day.


Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1140 and 1298 and returns the same with the recommendation that said bills do pass.


Respectfully submitted,
Kermit Staggers, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 34, 115, 118, 131, 140, 143, and 148 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 7, 30, 54, 67, 73, 96, 116, and 154, and SJR 2 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Benson moved that the Committee on Commerce be instructed to deliver HB 1175 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.


     Sen. Brown (Arnold) moved that the Senate do concur in the House amendments to SB 26.

     The question being on Sen. Brown's motion that the Senate do concur in the House amendments to SB 26.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, 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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Staggers

     Excused were:
Aker; Kleven

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

     Sen. Whiting moved that the Senate do concur in the House amendments to SB 37.

     The question being on Sen. Whiting's motion that the Senate do concur in the House amendments to SB 37.

     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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Kleven

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

     Sen. Shoener moved that the Senate do concur in the House amendments to SB 60.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 60.

     And the roll being called:

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

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

     Excused were:
Halverson; Kleven

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

     Sen. Shoener moved that the Senate do concur in the House amendments to SB 62.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 62.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

     Excused were:
Halverson; Kleven; Valandra

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

     Sen. Ham moved that the Senate do concur in the House amendments to SB 72.

     The question being on Sen. Ham's motion that the Senate do concur in the House amendments to SB 72.

     And the roll being called:

     Yeas 32, Nays 2, 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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Aker; Staggers

     Excused were:
Kleven

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

     Sen. Hunhoff moved that the Senate do concur in the House amendments to SB 84.

     The question being on Sen. Hunhoff's motion that the Senate do concur in the House amendments to SB 84.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, 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); Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting

     Nays were:
Staggers

     Excused were:
Kleven; Valandra

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

     Sen. Daugaard moved that the Senate do concur in the House amendments to SB 197.

     The question being on Sen. Daugaard's motion that the Senate do concur in the House amendments to SB 197.

     And the roll being called:

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

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

     Excused were:
Kleven; Valandra

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

     Sen. Hutmacher moved that the Senate do not concur in House amendments to SB 111 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President appointed as such committee Sens. Everist, Drake, and Hutmacher.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Judiciary on HB 1037 as found on page 575 of the Senate Journal; also

     Judiciary on HB 1071 as found on page 576 of the Senate Journal; also

     Judiciary on HB 1097 as found on page 577 of the Senate Journal; also

     Education on HB 1133 as found on page 574 of the Senate Journal; also

     Education on HB 1134 as found on page 575 of the Senate Journal; also

     Health and Human Services on HB 1161 as found on page 572 of the Senate Journal; also

     Taxation on HB 1245 as found on page 574 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.


     Sen. Staggers moved that the word "not" be stricken from the report of the Committee on State Affairs on HB 1200 as found on page 591 of the Senate Journal and that HB 1200 be placed on today's calendar.

     Sen. Staggers moved that action on the report of the Committee on State Affairs on HB 1200 as found on page 591 of the Senate Journal be deferred until Friday, February 20, the 29th legislative day.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Paisley requested that HB 1244 be removed from the Consent Calendar.

     HB 1025:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding confidentiality of child abuse or neglect information.

     Was read the second time.

     The question being "Shall HB 1025 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Kleven; Valandra

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

     HB 1051:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the taxation of manufactured housing as real property.

     Was read the second time.

     The question being "Shall HB 1051 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Kleven; Valandra

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

     HB 1115:   FOR AN ACT ENTITLED, An Act   to allow school districts to sell real property by public auction or by using a real estate broker.

     Was read the second time.

     The question being "Shall HB 1115 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Kleven; Valandra

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

     HB 1188:   FOR AN ACT ENTITLED, An Act   to allow certain family members to file one petition for change of name.

     Was read the second time.


     The question being "Shall HB 1188 pass?"

     And the roll being called:

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

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

     Excused were:
Kleven; Valandra

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

     HB 1299:   FOR AN ACT ENTITLED, An Act   to provide for a temporary permit to practice as an athletic trainer.

     Was read the second time.

     The question being "Shall HB 1299 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Kleven; Valandra

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

     HB 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 second time.


     The question being "Shall HB 1305 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Kleven; 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.

     HCR 1014:   A CONCURRENT RESOLUTION,   Memorializing Congress to restore the historic role of the National Guard in America's defense policy.

    Was read the second time.

     The question being on "Shall HCR 1014 as found on page 582 of the House Journal be concurred in?"

     And the roll being called:

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

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

     Excused were:
Kleven; Valandra

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1014 was concurred in.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


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

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

     The question being "Shall HB 1286 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 10, Excused 2, Absent and Not Voting 0

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

     Nays were:
Aker; Drake; Hainje; Hutmacher; Kloucek; Lawler; Morford; Olson; Reedy; Valandra

     Excused were:
Dunn (Rebecca); 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.

     HB 1091:   FOR AN ACT ENTITLED, An Act   to eliminate certain assessed valuation appeals by public taxing districts and governmental subdivisions.

     Was read the second time.

     Sen. Staggers moved that HB 1091 be deferred until Friday, February 20, the 29th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1186:   FOR AN ACT ENTITLED, An Act   to require the transfer of certain money into the property tax reduction fund.

     Was read the second time.

     The question being "Shall HB 1186 pass as amended?"

     And the roll being called:

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

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

     Excused were:
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.

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

     Was read the second time.

     The question being "Shall HB 1253 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Frederick; Kleven; Olson; Vitter

     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 1279:   FOR AN ACT ENTITLED, An Act   to prohibit the possession of a firearm by persons convicted of certain felony drug offenses.

     Was read the second time.

     The question being "Shall HB 1279 pass?"

     And the roll being called:

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

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

     Excused were:
Kleven; Vitter

     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 1328:   FOR AN ACT ENTITLED, An Act   to increase the bonding authority for postsecondary technical institutes and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1328 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Kleven; Vitter

     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.

     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 second time.

     The question being "Shall HJR 1006 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Kleven

     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.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1027 and 1195.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Duniphan, Apa, and Schaunaman as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 112.

Respectfully,
KAREN GERDES, Chief Clerk

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 20, the 29th legislative day.

     Which motion prevailed.

COMMEMORATIONS


     SC 13   Introduced by:  Senator Rounds and Representatives de Hueck and Monroe

A LEGISLATIVE COMMEMORATION,  Honoring the Pierre - Ft. Pierre Rotary Club for their     fifty years of service.

     WHEREAS,  the Pierre - Ft. Pierre Rotary Club was chartered fifty years ago on February 24, 1948; and

     WHEREAS,  the members of this organization have continuously demonstrated the motto of "Service Above Self"; and

     WHEREAS,  countless students from central South Dakota have benefited by the generosity of this service group:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-third Legislature of the State of South Dakota, that the members of the Pierre - Ft. Pierre Rotary Club be honored and remembered during their Fiftieth Anniversary celebration on March 2, 1998.

SIGNING OF BILLS


     The President publicly read the title to

     SB 2: FOR AN ACT ENTITLED, An Act  to provide a procedure for assessing flooded land for taxation purposes.

     SB 24: FOR AN ACT ENTITLED, An Act  to change the name of the South Dakota School for the Visually Handicapped to the South Dakota School for the Blind and the Visually Impaired.

     SB 31: FOR AN ACT ENTITLED, An Act  to provide rule-making authority to the Department of Environment and Natural Resources to carry out the requirements of the federal Safe Drinking Water Act amendments of 1996.

     SB 32: FOR AN ACT ENTITLED, An Act  to authorize expenditures out of the water and environment fund and to declare an emergency.

     SB 34: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the required use of diver-down flags and mandatory motorboat distance restrictions.

     SB 38: FOR AN ACT ENTITLED, An Act  to increase the liquidated costs imposed for law enforcement training.

     SB 64: FOR AN ACT ENTITLED, An Act  to revise the definition of real estate broker.

     SB 88: FOR AN ACT ENTITLED, An Act  to revise certain statutes relating to controlled firearms by including antique firearms.

     SB 104: FOR AN ACT ENTITLED, An Act  to specify certain duties and the authority of persons assigned by law enforcement agencies to investigate traffic accidents.

     SB 115: FOR AN ACT ENTITLED, An Act  revise and clarify certain provisions relating to the Health and Education Facilities Authority.

     SB 118: FOR AN ACT ENTITLED, An Act  to exempt service contracts from the insurance code.

     SB 131: FOR AN ACT ENTITLED, An Act  to clarify eligibility for ethanol production incentive payments.

     SB 132: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the perfecting of liens created by unpaid child support.

     SB 133: FOR AN ACT ENTITLED, An Act  to provide for felony enhancement for third offense simple assault.

     SB 140: FOR AN ACT ENTITLED, An Act  to revise the maximum length of certain vehicle combinations.

     SB 143: FOR AN ACT ENTITLED, An Act  to exempt individuals participating in the vocational rehabilitation program from the twelve-month residency requirement for tuition and fee purposes.

     SB 148: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to employee group insurance.

     SB 149: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the formation of school districts and contractual agreements among school districts.

     SB 150: FOR AN ACT ENTITLED, An Act  to adopt and amend certain provisions of the Uniform Commercial Code relating to letters of credit.

     SB 157: FOR AN ACT ENTITLED, An Act  to define and tax cider as an alcoholic beverage.

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

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

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

     HB 1069: FOR AN ACT ENTITLED, An Act  to revise the procedure for the valuation of agricultural land and to declare an emergency.

     HB 1082: FOR AN ACT ENTITLED, An Act  to revise the permissible number of county commissioners.
     HB 1086: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding court- ordered temporary custody of a child.

     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.

     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.

     HB 1101: FOR AN ACT ENTITLED, An Act  to establish certain prima facie evidence that an account holder executed a check.

     HB 1104: FOR AN ACT ENTITLED, An Act  to exempt certain contracting school districts from certain taxation requirements.

     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.

     HB 1112: FOR AN ACT ENTITLED, An Act  to provide for a statute of limitations in certain negligence actions against regional airports.

     HB 1121: FOR AN ACT ENTITLED, An Act  to provide for the contracting of legal services for indigent defense and to create a lien in support thereof.

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

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

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

     HB 1173: FOR AN ACT ENTITLED, An Act  to revise the procedures to confirm a change of designated telecommunications companies.

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

     HB 1193: FOR AN ACT ENTITLED, An Act  to require that certain information be disclosed on the sex offender registry.

     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.

     HB 1210: FOR AN ACT ENTITLED, An Act  to provide for the forfeiture of security for failure to comply with the provisions of § 23A-43-4.2.
     HB 1211: FOR AN ACT ENTITLED, An Act  to allow for the revocation or suspension of law enforcement certification for conduct unbecoming an officer.

     HB 1212: FOR AN ACT ENTITLED, An Act  to increase the salary of legislators.

     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.

     HB 1229: FOR AN ACT ENTITLED, An Act  to decrease the petroleum release compensation and tank inspection fee and to revise the distribution of revenue from the petroleum release compensation and tank inspection fee and from the capital construction fund.

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

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

     HB 1248: FOR AN ACT ENTITLED, An Act  to authorize off-sale alcoholic beverage licensees to provide free samples of malt beverages and distilled spirits.

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

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

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

     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.

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

     And signed the same in the presence of the Senate.

     Sen. Benson moved that the Senate do now adjourn, which motion prevailed, and at 3:55 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary