JOURNAL OF THE HOUSE

SEVENTY-THIRD  SESSION



THIRTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 23, 1998

     The House convened at 2:00 p.m., pursuant to adjournment, Speaker Pro tempore Hunt presiding.

     The prayer was offered by the Chaplain, Pastor David Mack, followed by the Pledge of Allegiance led by House page Sarah Kayl.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-ninth 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,
REX HAGG, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS



Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1277, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR


February 20, 1998

The Honorable Rex Hagg
Speaker of the House of Representatives
State Capitol
Pierre, SD 57501-5070

Dear Mr. Speaker and Members of the House:

I herewith return House Bill 1120 with the following recommendations as to STYLE and FORM.

House Bill 1120 is, An Act to provide for a graduated licensing system.

Currently, Section 3 of the bill as delivered to my office, with the new language underlined, reads as follows:

    32-12-14.1. The restrictions in § 32-12-12, 32-12-13, and 32-12-14 do not apply if the minor has obtained the age of sixteen years, unless the minor has not completed the requirements of an instruction permit as outlined in section 1 of this Act, and has not been convicted of a traffic violation during the six months prior to the minor's sixteenth birthday. Nothing in this section precludes the suspension or revocation of the minor's driving privileges upon the receipt of a record of conviction for a violation of the restrictions committed prior to the minor's sixteenth birthday.

To clarify the Legislature's intent, I ask that the following changes be made to Section 3 of the final enrolled bill:

    32-12-14.1. The restrictions in § 32-12-12, 32-12-13, and 32-12-14 do not apply if the minor has obtained the age of sixteen years, unless if the minor has not completed the requirements of an instruction permit as outlined in section 1 of this Act, and has not been convicted of a traffic violation during the six months prior to the minor's

sixteenth birthday. Nothing in this section precludes the suspension or revocation of the minor's driving privileges upon the receipt of a record of conviction for a violation of the restrictions committed prior to the minor's sixteenth birthday.

I respectfully request you concur with my recommendations as to style and form.

Respectfully submitted,
William J. Janklow
Governor


CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     Rep. Gabriel moved that consideration of the executive vetoes of HB 1008 and 1135 be deferred until Wednesday, February 25th, the 32nd legislative day.

     Which motion prevailed and consideration of executive vetoes was so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 214, 220, and 222 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 235 and returns the same with the recommendation that said bill be amended as follows:

r-235a

     On page 1 , line 8 of the Senate Judiciary committee engrossed bill , after " omissions " insert " of the perpetrator in carrying out the crime of which convicted or " .

     On page 1 , line 11 , delete " 22-16-41, 22-16-42, " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 239 and returns the same with the recommendation that said bill be amended as follows:
r-239

     On page 2 , line 1 of the Senate Agriculture and Natural Resources committee engrossed bill , before " other " insert " or " .

     On page 2 , line 1 , before " human " insert " injury to " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 237 which was tabled.


Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 124 and returns the same without recommendation.


Respectfully submitted,
J.E. “Jim” Putnam, Chair

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 240 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 147 and returns the same with the recommendation that said bill be amended as follows:

o-147d

     On page 4 , after line 11 of the Senate engrossed bill , insert:
"      Section 5. That chapter 42-7A be amended by adding thereto a NEW SECTION to read as follows:
    
    No additional video lottery machines may be placed in any licensed establishment. "

o-147f

     On page 4 , after line 11 of the Senate engrossed bill , insert:

"      Section 7. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "


o-147c

     On page 1 , delete lines 3 to 15 of the Senate engrossed bill , inclusive , and insert:

"      Section 1. The Executive Board of the Legislative Research Council shall retain an outside neutral independent firm to study the effects that video lottery has had on the state and the citizens of the state, to study the possible effects of a repeal of video lottery, and to study the need to replace any revenues to the state if video lottery is repealed and, if necessary, to study possible options for replacement revenue. The firm shall make a report of its findings and its recommendations to the 1999 Legislature. 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. "


     Delete pages 2 and 3 .

     On page 4 , delete lines 1 to 11 , inclusive .

O-147g

     On the previously adopted amendment (o-147c), delete " 1999 Legislature " and insert:

" Executive Board prior to September 1, 1998. The Executive Board shall appoint an interim legislative committee to review and evaluate the report. "


o-147t

     On page 1 , line 1 of the Senate engrossed bill , delete " gaming in South Dakota " and insert " video lottery and its repeal, to prohibit the placement of additional video lottery machines, and to declare an emergency " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SJR 4 and returns the same with the recommendation that said resolution do pass.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HCR 1015 which was deferred to the 36th legislative day.


Respectfully submitted,
Larry Gabriel, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1071, 1133, 1134, 1161, and 1245 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1153, 1244, and 1298 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1012 in which the Senate has concurred.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Collier moved that the House do not concur in Senate amendments to HB 1270 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the difference between the two houses.

     Which motion prevailed.


     Rep. Cutler now presiding.

CONSIDERATION OF REPORTS OF COMMITTEES



     Rep. Gabriel moved that the reports of the Standing Committees on

     Judiciary on SB 110 as found on page 810 of the House Journal; also

     Judiciary on SB 113 as found on pages 810 and 811 of the House Journal; also

     Judiciary on SB 225 as found on page 811 of the House Journal; also

     State Affairs on SB 92 as found on pages 812 and 813 of the House Journal; also

     State Affairs on SB 165 as found on pages 811 and 812 of the House Journal; also

     Appropriations on SB 21 as found on page 813 of the House Journal; also

     Appropriations on SB 22 as found on page 814 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Broderick moved that the word "not" be stricken from the report of the Committee on Judiciary on SB 85 as found on page 811 of the House Journal and that SB 85 be placed on tomorrow's calendar.

    Rep. de Hueck rose to a point of order that Rep. Broderick's comments need to be restricted to striking the "not" and placement on tomorrow's calendar.

    Rep. Cutler reminded Rep. Broderick to restrict remarks to the motion.

    Rep. Van Gerpen moved the previous question.

    Which motion prevailed.

    The question being on Rep. Broderick's motion that the word "not" be stricken from the report of the Committee on Judiciary on SB 85 as found on page 811 of the House Journal and that SB 85 be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 27, Nays 42, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Gary); Brown (Richard); Diedrich; Duenwald; Duniphan; Fiegen; Fitzgerald; Gabriel; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Lee; McNenny; Pummel; Putnam; Van Gerpen; Volesky; Weber; Wetz; Wick

     Nays were:
Belatti; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Kazmerzak; Koetzle; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Waltman; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Monroe

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 70:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the median level of assessment for property tax purposes.

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

f-70c

     Rep. Madden moved that SB 70 be amended as follows:

     On page 1 , after line 13 of the Senate engrossed bill , insert:

"      Section 2. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     The assessment value of any real property may not increase more than ten percent in one year unless there are improvements or changes in use of real property which increases the assessment value of the property. The assessment value of any real property that is sold or transferred may be increased to reflect the sale price and is not subject to the limitations provided in this section.

     Section 3. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     The assessment value of all real property in any county may not increase more than five percent in one year except for the increase of value resulting from any improvements or change in use of real property.

     Section 4. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of this Act do not apply to any property within a county with a county median sales to assessment ratio of all real property of less than eighty-five percent. "


     The question being on Rep. Madden's motion that SB 70 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 29, Nays 41, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Richard); Collier; Cutler; Derby; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Hassard; Hunt; Jaspers; Kooistra; Kredit; Madden; Monroe; Napoli; Peterson (Bill); Pummel; Putnam; Schaunaman; Smidt; Solum; Van Gerpen; Volesky; Wetz; Windhorst; Speaker Hagg

     Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Crisp; Davis; de Hueck; Diedrich; Duxbury; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Koskan; Lee; Lockner; Lucas; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Richter; Roe; Rost; Schrempp; Sokolow; Sperry; Waltman; Weber; Wick

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

f-70d

     Rep. Hagg moved that SB 70 be amended as follows:

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

"      Section  1.  That § 10-3-41 be amended to read as follows:

     10-3-41.   The director of equalization shall make the necessary adjustments to the valuations before the notice of assessment pursuant to §   10-6-50, so that the median level of assessment represents at least eighty-five percent of market value as determined by the Department of Revenue.

     Section  2.  That § 10-6-33.6 be amended to read as follows:

     10-6-33.6.   If the median value per acre in an identifiable region within a county deviates by more than ten percent from the county average, the county director of equalization may establish a separate market value per acre for the land defined by the director of equalization within that region.

     Section  3.  That § 10-6-33.8 be amended to read as follows:

     10-6-33.8.   The median sales to assessment ratio of all real property may not be less than shall be eighty-five percent or more than one hundred percent of the market value .

     Section  4.  That § 10-6-33.12 be amended to read as follows:

     10-6-33.12.   For the purposes of § §   10-6-33.8 and 10-6-33.9, there shall be a separate median sales to assessment ratio and coefficient of dispersion for agricultural and nonagricultural real property.

     Section  5.  That § 10-6-33.13 be amended to read as follows:

     10-6-33.13.   The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning the:

             (1)      Collection and tabulation of information required to determine median appraisal or sales assessment ratio, and coefficient of dispersion;

             (2)      Criteria to be included in a compliance audit of assessment practices; and

             (3)      Conditions under which a certificate of compliance may be issued to a county.

     Section  6.  That § 10-11-58 be amended to read as follows:

     10-11-58.   In order to determine the average level of assessment in each county the secretary of revenue shall compute the median ratio. The median ratio is the middle value in the array of ratios of assessed valuations to sales, from the highest to the lowest for the current year and one year preceding the assessment year. If there are fewer than ten sales, medians ratios may, in the case of agricultural land, be determined by bridging sales information from adjoining counties or in the case of nonagricultural land from other municipalities.

     Section  7.  That § 10-11-59 be amended to read as follows:

     10-11-59.   In order to determine the degree of assessment uniformity and compliance in the assessment of property within each county, the secretary of revenue shall compute the coefficient of dispersion. The coefficient of dispersion is the percentage which the average of the deviation of the assessment ratio of individual sale properties bears to their median ratio.

     Section  8.  That § 10-12-42 be amended to read as follows:

     10-12-42.   For taxes payable in 1997 and each year thereafter, the levy for the general fund of a school district shall be as follows:

             (1)      The maximum tax levy shall be sixteen dollars and forty-nine cents per thousand dollars of taxable valuation subject to the limitations on agricultural property as provided in subdivision (2) of this section and owner-occupied property as provided for in subdivision (3) of this section;

             (2)      The maximum tax levy on agricultural property for such school district shall be five dollars and sixty-six cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in chapter 10-13, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies;

             (3)      The maximum tax levy for an owner-occupied single-family dwelling as defined in §   10-13-40, for such school district may not exceed nine dollars and six cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in chapter 10-13, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies.

     All levies in this section shall be imposed on valuations where the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. These valuations shall be used for all school funding purposes. If the district has imposed an excess levy pursuant to §   10-13-43, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies in this section. The school district may elect to tax at less than the maximum amounts set forth in this section.

     Section  9.  That § 10-13-37 be amended to read as follows:

     10-13-37.   Property taxes shall be levied on valuations where the median level of assessment represents eighty-five percent of the market value as determined by the Department of Revenue. "



     The question being on Rep. Hagg's motion that SB 70 be amended.

     A roll call vote was requested and supported.

    And the roll being called:

     Yeas 26, Nays 40, Excused 1, Absent and Not Voting 3

     Yeas were:
Apa; Brown (Gary); Brown (Richard); Chicoine; Collier; Cutler; Derby; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Hassard; Hunt; Jaspers; Kooistra; Madden; Monroe; Napoli; Pummel; Putnam; Van Gerpen; Weber; Wetz; Windhorst; Speaker Hagg


     Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Crisp; Davis; Diedrich; Duxbury; Fischer- Clemens; Gabriel; Gleason; Hagen; Haley; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Wick

     Excused were:
Cerny

     Absent and Not Voting were:
de Hueck; Koskan; Richter

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     The question being "Shall SB 70 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 10, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Richard); Cerny; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Brown (Gary); Brown (Jarvis); Chicoine; de Hueck; Duxbury; Hassard; Konold; Rost; Sokolow; Speaker Hagg

     Absent and Not Voting were:
Duenwald

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

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

MOTIONS AND RESOLUTIONS


     Rep. Hunt moved that the Committee on Judiciary be instructed to deliver SB 237 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)

     SB 103:   FOR AN ACT ENTITLED, An Act   to revise the procedure for the valuation of agricultural land.

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

     The question being "Shall SB 103 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 21, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Cerny; Chicoine; Collier; Cutler; Davis; Derby; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Windhorst

     Nays were:
Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; de Hueck; Diedrich; Eccarius; Fiegen; Hassard; Hunt; Konold; Matthews; Monroe; Moore; Napoli; Smidt; Sokolow; Van Gerpen; Wick; Speaker Hagg

     Excused were:
Koetzle

     Absent and Not Voting were:
Schrempp

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

     SB 12:   FOR AN ACT ENTITLED, An Act   to establish a uniform procedure for creating certain special districts and electing the first board of trustees.

     Having had its second reading was up for consideration and final passage.
f-12

     Rep. Jorgensen moved that SB 12 be amended as follows:

     On page 1 , line 10 of the printed bill , delete " twenty " and insert " twenty-five " .

     On page 3 , between lines 2 and 3 , insert:

"     Section 7. If there is a conflict regarding who has a right to vote in the election pursuant to sections 4 to 6 of this Act, the judges of election shall settle the conflict by referring to the official records of the register of deeds and county auditor in each county where these official records are held. "


     On page 3 , between lines 6 and 7 , insert " The petition form and notice of election shall include a description of the proposed district boundaries. " .

     On page 3 , line 22 , delete " 2 " and insert " 6 " .

     On page 13 , line 5 , delete " 2 " and insert " 6 " .

     On page 21 , line 11 , delete " conservation district supervisor " and insert " board of conservation district supervisors " .

     Which motion prevailed and SB 12 was so amended.

     The question now being "Shall SB 12 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 10, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Belatti; Broderick; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duniphan; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Cutler; Duenwald; Fiegen; Gabriel; Hassard; Jaspers; Johnson (Doug); Koskan; McNenny; Napoli

     Excused were:
Brooks; Brown (Richard); Koetzle

     Absent and Not Voting were:
Duxbury; Monroe

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

     SB 193:   FOR AN ACT ENTITLED, An Act   to exempt certain United States postage gross receipts from sales and use tax.

     Was read the second time.

f-193b

     Rep. Apa moved that SB 193 be amended as follows:

     On page 2 , after line 2 of the Senate engrossed bill , insert:

"      Section 3. That § 10-45-12.1 be amended to read as follows:

     10-45-12.1.   The following services enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President are exempt from the provisions of this chapter: health services (major group 80); educational services (major group 82) except schools and educational services not elsewhere classified (industry no. 8299); social services (major group 83); agricultural services (major group 07) except veterinarian services (group no. 074) and animal specialty services, except veterinary (industry no. 0752); forestry services (group no. 085); radio and television broadcasting (group no. 483); railroad transportation (major group 40); local and suburban passenger transportation (group no. 411) except limousine services ; taxicabs (group no. 412); intercity and rural bus transportation (group no. 413); bus charter service (group 414); school buses (group no. 415); trucking and courier services, except air (group no. 421); farm product warehousing and storage (industry no. 4221); establishments primarily engaged in transportation on rivers and canals (group no. 444); establishments primarily engaged in air transportation, certified carriers (group no. 451); establishments primarily engaged in air transportation, noncertified carriers (group no. 452) except chartered flights (industry no. 4522) and airplane, helicopter, balloon, dirigible and blimp rides for amusement or sightseeing; pipe lines, except natural gas (major group 46); arrangement of passenger transportation (group no. 472); arrangement of transportation of freight and cargo (group no. 473); rental of railroad cars (group no. 474); water supply (industry no. 4941); sewerage systems (industry no. 4952); security brokers, dealers and flotation companies (group no. 621); commodity contracts brokers and dealers (group no. 622); credit counseling services provided by individual and family social services (group no. 8322); construction services (division C) except industry no. 1752; consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (group no. 732), if the debt was incurred out-of-state and the client does not reside within the state. The following are also specifically exempt from the provisions of this chapter: financial services of institutions subject to tax under chapter 10-43 including loan origination fees, late payment charges, nonsufficient fund check charges, stop payment charges, safe deposit box rent, exchange charges, commission on travelers checks, charges for administration of trusts, interest charges, and "points" charged on loans; commissions earned

or service fees paid by an insurance company to an agent or representative for the sale of a policy; services of brokers and agents licensed under Title 47; the sale of trading stamps; rentals of motor vehicles as defined by §  32-5-1 leased under a single contract for more than twenty-eight days; advertising services; services provided by any corporation to another corporation which is centrally assessed having identical ownership and services provided by any corporation to a wholly owned subsidiary which is centrally assessed; continuing education programs, tutoring, vocational counseling, except rehabilitation counseling and motion picture rentals to a commercially operated theater primarily engaged in the exhibition of motion pictures; and charges made by a telecommunications company for the origination, transmission, switching, reception or termination of an interstate telephone or telegraph communication.

     Section 4. That § 10-45-70 be repealed.

     10-45-70.   There is imposed a tax of four percent on the gross receipts from the transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

     Section 5. That § 10-45-71 be repealed.

     10-45-71.   There is imposed a tax of four percent on the gross receipts from the transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

     Section 6. That § 10-45-72 be repealed.

     10-45-72.   The tax imposed by § §  10-45-70 to 10-45-81, inclusive, does not apply to any transportation service which the state is prohibited from taxing by federal law or the United States Constitution.

     Section 7. That § 10-45-73 be repealed.

     10-45-73.   The transportation of agricultural products by the agricultural producer thereof is exempt from the tax imposed by § §  10-45-70 to 10-45-81, inclusive, if the producer transports such products in a mode of transportation which is owned, leased, or rented by the producer. However, if an agricultural producer transports another person's products for hire, such transportation is subject to the tax imposed by § §  10-45-70 to 10-45-81, inclusive.

     Section 8. That § 10-45-74 be repealed.

     10-45-74.   Transportation services may only be sold for resale under the following circumstances:

             (1)      A transportation company may sell its services for resale to another transportation company; or

             (2)      A retailer that regularly delivers a majority of the tangible personal property which it sells to its customers by truck or other mode of transportation owned, leased, or

rented by such retailer may purchase for resale the services of a transportation company for the delivery of such retailer's tangible personal property.

     Section 9. That § 10-45-75 be repealed.

     10-45-75.   Terms used in § §  10-45-76 to 10-45-78, inclusive, mean:

             (1)      "Cargo vessel," a single transport truck as defined in subdivision 10-47B-3(47);

             (2)      "Fuel," gasoline, ethanol, methanol, liquefied petroleum gas, petroleum distillates, lubricating oils and greases, glycol-based antifreezes, fuels used for off-highway racing, solvents such as, but not limited to, petroleum naphtha, mineral spirits, or stoddard solvents, and any other petroleum product delivered to a terminal by pipeline, truck, or rail, any other motor fuel as defined in subdivision 10-47B-3(27), and special fuel as defined in subdivision 10-47B-3(39);

             (3)      "Fuel terminal transportation," the transportation of fuel from a terminal to a location in South Dakota at which the fuel is unloaded. Fuel terminal transportation does not include the transportation of fuel from a location other than a terminal;

             (4)      "Terminal," as defined in subdivision 10-47B-3(42);

             (5)      "Trip," the distance in road miles traveled by a cargo vessel from the fuel terminal at which it was loaded with fuel to the most distant location in South Dakota at which the fuel is unloaded, excluding miles not traveled within this state.

     Section 10. That § 10-45-76 be repealed.

     10-45-76.   In lieu of the tax imposed by § §  10-45-70 and 10-46-57 on the transportation of fuel, a transportation company may elect to be taxed on the fuel terminal transportation services under the provisions of § §  10-45-75 to 10-45-78, inclusive.

     Section 11. That § 10-45-77 be repealed.

     10-45-77.   There is imposed a tax on the imputed gross receipts of any transportation company engaged in fuel terminal transportation who elects to be taxed under this section. The tax imposed by this section shall be on the imputed gross receipts as provided in this section. The imputed gross receipts from fuel terminal transportation shall be calculated on the basis of the number of cargo vessels and distance traveled on each trip as follows:

Length Imputed Gross
of Trip Number of Cargo Receipts from
Zone (in miles) Vessels per Trip Transportation
A 50 or Less 1 $ 64.00
A 50 or Less 2 or more $ 88.00
B More than 50, but less than 100 1 $120.00
B More than 50, but less than 100 2 or more $165.00
C 100 or more, but less than 150 1 $176.00

C 100 or more, but less than 150 2 or more $242.00
D 150 or more, but less than 200 1 $224.00
D 150 or more, but less than 200 2 or more $308.00
E 200 or more 1 $280.00
E 200 or more 2 or more $385.00

     Section 12. That § 10-45-78 be repealed.

     10-45-78.   For the fuel terminal transportation subject to tax under § §  10-45-75 to 10-45-77, inclusive, all subsequent transportation of that fuel is exempt from the tax imposed under this chapter.

     Section 13. That § 10-45-79 be repealed.

     10-45-79.   The provisions of §  10-45-22 shall also apply to any taxes imposed by § §  10-45-75 to 10-45-77, inclusive, on transportation services regardless of any special reporting election the taxpayer may have made.

     Section 14. That § 10-45-81 be repealed.

     10-45-81.   There are exempted from the provisions of this chapter and the tax imposed by it, the gross receipts from transportation services associated with timber sale contracts entered into prior to July 1, 1996, provided such contract has a duration of one year or less.

     Section 15. That § 10-46-57 be repealed.

     10-46-57.   There is imposed a tax of four percent on the privilege of the use of any transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

     Section 16. That § 10-46-58 be repealed.

     10-46-58.   There is imposed a tax of four percent on the privilege of the use of any transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

     Section 17. That § 10-46-59 be repealed.

     10-46-59.   The tax imposed by § §  10-46-57 to 10-46-61, inclusive, does not apply to any transportation service which the state is prohibited from taxing by federal law or the United States Constitution.

     Section 18. That § 10-46-60 be repealed.

     10-46-60.   The transportation of agricultural products by the agricultural producer thereof is exempt from the tax imposed by § §  10-46-57 to 10-46-61, inclusive, if the producer transports such products in a mode of transportation which is owned, leased, or rented by the producer.

However, if an agricultural producer transports another person's products for hire, such transportation is subject to the tax imposed by § §  10-46-57 to 10-46-61, inclusive.

     Section 19. That § 10-46-61 be repealed.

     10-46-61.   There are exempted from the provisions of this chapter and the tax imposed by it, the use of transportation services associated with timber sale contracts entered into prior to July 1, 1996, provided such contract has a duration of one year or less. "


    Rep. Hagg rose to a point of order as to whether Rep. Apa's amendment was germane.

    Rep. Cutler ruled the amendment germane.

    Rep. Broderick moved the previous question.

    Which motion prevailed.

     The question being on Rep. Apa's motion that SB 193 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 41, Nays 26, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Broderick; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Moore; Napoli; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst

     Nays were:
Belatti; Brooks; Brown (Richard); Cutler; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Johnson (Doug); Koskan; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Solum; Wetz; Wick; Speaker Hagg

     Excused were:
Davis; Smidt

     Absent and Not Voting were:
Brown (Gary)

     So the motion having received an affirmative vote of a majority of the members present, the Speaker 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 49, Nays 21, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Moore; Napoli; Peterson (Bill); Pummel; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst

     Nays were:
Brooks; Brown (Richard); Cutler; Duniphan; Eccarius; Fiegen; Fitzgerald; Hunt; Johnson (Doug); Koskan; McNenny; Munson (Donald); Pederson (Gordon); Putnam; Richter; Roe; Rost; Solum; Wetz; Wick; Speaker Hagg

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

     The question being on the title.

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

     On page 1 , line 1 of the Senate engrossed bill , delete " United States postage " .

     Which motion prevailed and the title was so amended.

     Rep. Hagg announced his intention to reconsider the vote by which SB 193 was passed.

     SB 138:   FOR AN ACT ENTITLED, An Act   to revise the circumstances permitting warrantless arrests.

     Was read the second time.

     The question being "Shall SB 138 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 14, Excused 6, Absent and Not Voting 9

     Yeas were:
Apa; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Cutler; Davis; Derby; Diedrich; Eccarius; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Hunt; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Madden; McNenny; Monroe; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Waltman; Weber; Wick; Windhorst; Speaker Hagg

     Nays were:
Broderick; Chicoine; Duenwald; Duxbury; Fiegen; Fischer-Clemens; Haley; Jaspers; Jorgensen; Kredit; Matthews; Munson (Donald); Napoli; Pummel

     Excused were:
Brown (Richard); de Hueck; Koetzle; Lucas; Volesky; Wetz

     Absent and Not Voting were:
Barker; Belatti; Collier; Crisp; Duniphan; Lee; Lockner; Moore; Van Gerpen

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

     Speaker Hagg now presiding.

     SB 141:   FOR AN ACT ENTITLED, An Act   to allow any person with the authorization of law enforcement or the Department of Social Services to take photographs, videotapes, or electronic images of a child if abuse or neglect is suspected.

     Was read the second time.

     The question being "Shall SB 141 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 4, Excused 5, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

     Nays were:
Crisp; Johnson (Doug); Koskan; Monroe

     Excused were:
Brown (Richard); Collier; Koetzle; Lucas; Wetz

     Absent and Not Voting were:
Duniphan; Hunt

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

     Rep. Putnam moved that SB 23 be placed to follow SB 241 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 211:   FOR AN ACT ENTITLED, An Act   to permit the use of freeze brands on horses and mules.

     Was read the second time.

     The question being "Shall SB 211 pass?"

     And the roll being called:

     Yeas 39, Nays 25, Excused 4, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Broderick; Brown (Jarvis); Cerny; Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gleason; Hagen; Hunt; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Moore; Munson (Donald); Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

     Nays were:
Brooks; Brown (Gary); Cutler; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Jaspers; Jorgensen; Kooistra; Koskan; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Wick

     Excused were:
Brown (Richard); Collier; Lucas; Wetz


     Absent and Not Voting were:
Barker; Haley

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

     SB 105:   FOR AN ACT ENTITLED, An Act   to permit evidence of similar crimes in prosecutions for child molestation.

     Was read the second time.

     The question being "Shall SB 105 pass?"

     And the roll being called:

     Yeas 19, Nays 45, Excused 6, Absent and Not Voting 0

     Yeas were:
Broderick; Duniphan; Eccarius; Fiegen; Fitzgerald; Hassard; Kredit; Madden; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Pummel; Richter; Roe; Solum; Van Gerpen; Volesky; Wick

     Nays were:
Apa; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lee; Lockner; Lucas; Monroe; Moore; Napoli; Peterson (Bill); Putnam; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Windhorst; Speaker Hagg

     Excused were:
Barker; Brown (Richard); Collier; Duenwald; Gabriel; Wetz

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

     SB 106:   FOR AN ACT ENTITLED, An Act   to permit evidence of similar crimes in prosecutions for sexual assault.

     Was read the second time.

     The question being "Shall SB 106 pass?"

     And the roll being called:

     Yeas 18, Nays 45, Excused 7, Absent and Not Voting 0

     Yeas were:
Broderick; Duniphan; Eccarius; Fiegen; Fitzgerald; Hassard; Kredit; Madden; Matthews; Munson (Donald); Pederson (Gordon); Pummel; Richter; Roe; Solum; Van Gerpen; Volesky; Wick

     Nays were:
Belatti; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lee; Lockner; Lucas; McNenny; Monroe; Moore; Napoli; Peterson (Bill); Putnam; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Windhorst; Speaker Hagg

     Excused were:
Apa; Barker; Brown (Richard); Collier; Duenwald; Gabriel; Wetz

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

     SB 107:   FOR AN ACT ENTITLED, An Act   to permit evidence of prior sexual assault or child molestation offenses in certain civil actions.

     Was read the second time.

     The question being "Shall SB 107 pass?"

     And the roll being called:

     Yeas 21, Nays 43, Excused 6, Absent and Not Voting 0

     Yeas were:
Broderick; Duniphan; Eccarius; Fiegen; Fitzgerald; Hassard; Hunt; Koskan; Kredit; Madden; Matthews; Munson (Donald); Pederson (Gordon); Pummel; Richter; Roe; Solum; Van Gerpen; Volesky; Wick; Speaker Hagg

     Nays were:
Belatti; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; McNenny; Monroe; Moore; Napoli; Peterson (Bill); Putnam; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Windhorst

     Excused were:
Apa; Barker; Brown (Richard); Collier; Gabriel; Wetz

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

     SB 139:   FOR AN ACT ENTITLED, An Act   to clarify the scope and composition of peer review committees entitled to limited good faith immunity from civil liability for committee actions.

     Was read the second time.

r-139a

     Rep. Eccarius moved that SB 139 be amended as follows:


     On page 1 , line 7 of the Senate Judiciary committee engrossed bill , after " is " insert " one or more persons acting as " .

     On page 1 , line 9 , delete " wholly " .

     On page 1 , line 13 , after " activity. " insert " For the purposes of this Act, a peer review committee is also one or more persons acting as an administrative or medical committee, department, section, board of directors, shareholder or corporate member, or audit group, including the medical audit committee, of a licensed health care facility. "

     On page 2 , line 2 , delete " take " and insert " recommend " .

     On page 2 , line 10 , after " a " insert " licensed " .

     On page 2 , line 10 , delete " or agency " .

     On page 2 , line 12 , delete " health care facility or agency, " .

     On page 2 , line 18 , after " Review " insert " and evaluation " .

     On page 2 , line 18 , after " qualifications, " insert " competency, character, experience, " .

     On page 2 , line 20 , after " quality " insert " , type, or necessity " .

     On page 3 , line 1 , delete " solely " .

     On page 3 , after line 17 , insert:

"      Section 4. That § 36-4-26.1 be amended to read as follows:

     36-4-26.1.   The proceedings, records, reports, statements, minutes , or any other data whatsoever, of any committee described in §   36-4-25, or any administrative or medical committee, department, section, board of directors or audit group, including the medical audit committee, of a hospital licensed pursuant to the provisions of chapter 34-12 section 1 of this

Act , relating to the quality, type , or necessity of care rendered by a member of a hospital medical staff or by hospital personnel, or acquired in the evaluation of the competency, character, experience or performance of a physician, dentist or allied health professional seeking admission or reappointment to the medical staff of a hospital, shall are not be subject to discovery or disclosure under chapter 15-6 or any other provision of law, and shall are not be admissible as evidence in any action of any kind in any court or arbitration forum, except as hereinafter provided. No person in attendance at any meeting of any such committee , department, section, board of directors or audit group, described in section 1 of this Act shall be required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence shall does not apply to deny a physician access to or use of information upon which a decision regarding his the person's staff privileges or employment was based. The prohibition relating to discovery of evidence shall does not apply to deny any person or his the person's counsel in the defense of an action against him that person access to the materials covered under this section. "


     Which motion prevailed and SB 139 was so amended.

     The question now being "Shall SB 139 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Hunt; Monroe; Van Gerpen; Volesky; Speaker Hagg

     Excused were:
Barker; Collier

     Absent and Not Voting were:
Roe

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

     SB 144:   FOR AN ACT ENTITLED, An Act   to increase the maximum fees allowed for serving the notice of intention to take tax deed.

     Was read the second time.

     The question being "Shall SB 144 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 34, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Gary); Brown (Jarvis); Crisp; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Hagen; Haley; Hunt; Jaspers; Jorgensen; Konold; Kredit; Lee; Lucas; Madden; Matthews; Moore; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Rost; Schaunaman; Schrempp; Solum; Sperry; Waltman; Wetz; Wick; Speaker Hagg

     Nays were:
Belatti; Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Cutler; Davis; Duenwald; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hassard; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Koskan; Lockner; McNenny; Monroe; Munson (Donald); Napoli; Richter; Roe; Smidt; Sokolow; Van Gerpen; Volesky; Weber; Windhorst

     Excused were:
Barker; Collier

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

     Rep. de Hueck announced her intention to reconsider the vote by which SB 144 was lost.

     SB 145:   FOR AN ACT ENTITLED, An Act   to revise the procedure for serving lienholders.

     Was read the second time.

     The question being "Shall SB 145 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 9, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fischer- Clemens; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Cutler; Duenwald; Fiegen; Fitzgerald; Gabriel; Pederson (Gordon); Peterson (Bill); Richter; Volesky

     Excused were:
Barker; Collier

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

     SB 206:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the disposition of seized controlled weapons and firearms.

     Was read the second time.

o-206

     Rep. Cutler moved that SB 206 be amended as follows:

     On page 1 , after line 14 of the Senate Judiciary committee engrossed bill , insert:

"      Section 2. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

     If a person has a valid license or permit issued by another state to carry a concealed pistol in that state and if that state grants to residents of this state the right to carry a concealed pistol without requiring a separate license or permit issued by that state, the person may carry a concealed pistol in this state without a permit issued pursuant to this chapter and the other state's license or permit is valid in this state. "

     Which motion prevailed and SB 206 was so amended.

     The question now being "Shall SB 206 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Duxbury; Kazmerzak; Lucas; Volesky

     Excused were:
Barker; Collier; Davis; Koetzle

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

     The question being on the title.

     Rep. Cutler moved that the title to SB 206 be amended as follows:

o-206ta

     On page 1 , line 2 of the Senate Judiciary committee engrossed bill , after " firearms " insert " and to authorize a person licensed to carry a concealed pistol in another state to carry a concealed pistol in this state under certain conditions " .

     Which motion prevailed and the title was so amended.

     Rep. Haley now presiding.

     SB 227:   FOR AN ACT ENTITLED, An Act   to require training in parenting skills for certain persons.

     Was read the second time.

     The question being "Shall SB 227 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 8, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
de Hueck; Hunt; Monroe; Moore; Napoli; Richter; Waltman; Windhorst

     Excused were:
Barker; Collier; Davis

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

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

     Was read the second time.

     The question being "Shall SB 236 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
de Hueck; Duenwald; Koetzle; Sokolow

     Excused were:
Barker; Collier; Davis

     Absent and Not Voting were:
Crisp

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

     Rep. de Hueck moved to reconsider the vote by which SB 144 was lost.

     The question being on Rep. de Hueck's motion to reconsider the vote by which SB 144 was lost.

     And the roll being called:

     Yeas 37, Nays 29, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; de Hueck; Derby; Diedrich; Duniphan; Fischer-Clemens; Haley; Hunt; Jaspers; Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lucas; Madden; Matthews; Moore; Munson (Donald); Peterson (Bill); Pummel; Rost; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Waltman; Wetz; Wick; Speaker Hagg

     Nays were:
Belatti; Broderick; Cerny; Chicoine; Cutler; Davis; Duenwald; Duxbury; Eccarius; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Johnson (Doug); Koetzle; Koskan; Lockner; McNenny; Napoli; Pederson (Gordon); Putnam; Richter; Roe; Smidt; Van Gerpen; Volesky; Weber; Windhorst

     Excused were:
Barker; Collier; Fiegen; Monroe

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 144 was up for reconsideration and final passage.

     SB 144:   FOR AN ACT ENTITLED, An Act   to increase the maximum fees allowed for serving the notice of intention to take tax deed.

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

     Rep. Brooks moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 144 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 40, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; de Hueck; Derby; Diedrich; Duniphan; Haley; Hunt; Jorgensen; Konold; Kooistra; Kredit; Madden; Matthews; Moore; Peterson (Bill); Rost; Schaunaman; Solum; Wetz; Wick; Speaker Hagg

     Nays were:
Belatti; Broderick; Cerny; Chicoine; Cutler; Davis; Duenwald; Duxbury; Eccarius; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Koskan; Lee; Lockner; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst

     Excused were:
Barker; Collier; Fiegen

     Absent and Not Voting were:
Lucas

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

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

    Was read the second time.

j-228a

     Rep. Windhorst moved that SB 228 be amended as follows:

     On page 3 , line 3 of the Senate engrossed bill , after " constructed. " insert " This section does not apply to the building of a continuing care retirement community if the funds used for building the continuing care retirement community are exclusively derived from sources other than prospective residents. "

     Which motion lost.
j-228b

     Rep. Gabriel moved that SB 228 be amended as follows:

     On page 3 , line 3 of the Senate engrossed bill , after " constructed. " insert " This section does not apply to the building of a continuing care retirement community if the funds used for building such facility are exclusively derived from sources other than prospective residents. "
    
    Which motion prevailed and SB 228 was so amended.

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

     And the roll being called:

     Yeas 47, Nays 20, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Cutler; Davis; Derby; Diedrich; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Smidt; Sokolow; Sperry; Volesky; Weber; Wick; Windhorst

     Nays were:
Broderick; Brown (Gary); Cerny; Crisp; de Hueck; Duenwald; Hunt; Jaspers; Konold; Lockner; McNenny; Monroe; Moore; Rost; Schrempp; Solum; Van Gerpen; Waltman; Wetz; Speaker Hagg

     Excused were:
Barker; Collier; Duniphan

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

     SB 39:   FOR AN ACT ENTITLED, An Act   to provide for the public procurement of construction services utilizing the design-build procurement process.

     Was read the second time.

     Rep. de Hueck moved that SB 39 be placed to follow SB 23 on today's calendar.

    The Speaker, being in doubt on the voice vote, requested a roll call vote.


     The question being on Rep. de Hueck's motion that SB 39 be placed to follow SB 23 on today's calendar.

     And the roll being called:

     Yeas 38, Nays 27, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Brown (Gary); Crisp; de Hueck; Derby; Diedrich; Duenwald; Fiegen; Fitzgerald; Hagen; Haley; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Waltman; Weber; Wetz; Speaker Hagg

     Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hassard; Jaspers; Koetzle; Kooistra; Lockner; Matthews; Pederson (Gordon); Peterson (Bill); Richter; Roe; Sokolow; Solum; Wick; Windhorst

     Excused were:
Barker; Collier; Duniphan

     Absent and Not Voting were:
Lee; Volesky

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 39 was so placed.

     Rep. Cutler moved that SB 40, 207, 136, 120, 160, 94, 172, 178, 218, 177, 233, 210, 241, 23, and 39 be deferred until Tuesday, February 24th, the 31st legislative day.

     Which motion prevailed and the bills were so deferred.

     Speaker Hagg now presiding.

     There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS


February 27, 1998

The Honorable Rex Hagg
Speaker of the House of Representatives
State Capitol
Pierre, SD 57501-5070

Dear Mr. Speaker and Members of the House:

I herewith return House Bill 1108 and VETO the same.


House Bill 1108 is entitled, An Act to revise the supervision requirements of certified registered nurse anesthetists by physicians.

As written, this bill removes the requirement for a licensed physician charged with the medical care of a patient to supervise certain medical functions.

The bill at best is confusing and at worst is ambiguous. By apparently removing the authority of the physician, it removes the physician's ultimate authority for the whole surgical procedure.
Advocates for the bill who I have talked to insist this is not the case. However, none of them have been able to show me where it will remain in the law that a medical doctor in the operating room or treating the patient will, under the law, be the one who bears the ultimate responsibility for the direction and control of the care of the patient.

The issue is not the competence of the CRNAs. CRNAs, after having received their training and taking their required board certifications, have met all of the standards required to practice anesthesia. The issue is one of responsibility and control in the operating, surgical and treatment rooms.

I have no objection to the first two amendments to the statute, and if legislation were to be put on my desk which made it clear that, notwithstanding the team approach to certain aspects of the practice of medicine, there would always be one person who bears the ultimate authority and responsibility, I would without hesitation sign the bill. Eliminating the last sentence of the statute without some further elaboration as to physician responsibility of the patient is not what I believe the CRNA community is seeking.

Medical problems completely unrelated to the anesthetic, such as diabetic reactions, heart irregularities, allergic reactions, pulmonary events, and communicating with referring physicians require a physician's judgment. A football team can have only one general manager. I believe the same is true in the operating room. If things go badly in the operating room, as they sometimes do, it is even more critical for one person to be in charge. This bill makes ambiguous that clear line of authority.

One proponent for this bill made the best argument against the bill. He stated that quality would be unaffected by this change. “CRNAs will continue tomorrow as they did yesterday.Nothing will change except the language in the statute (and perhaps surgeon comfort)...but that is enough.”

That is not enough. The citizens of South Dakota deserve to know that a medically trained doctor is in charge of their medical care.

I respectfully request that you concur in my action.

Respectfully submitted,
William J. Janklow
Governor
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 35, 41, 82, and 109 and SJR 2.

Respectfully,
PATRICIA ADAM, Secretary


     The Speaker appointed Reps. Koskan, Brown (Richard), and Lockner 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 67.

     The Speaker appointed Reps. Kredit, Fiegen, and Fischer-Clemens 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 HB 1067.

MOTIONS AND RESOLUTIONS


     Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on Tuesday, February 24th, the 31st legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 237 and returns the same without recommendation.


Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1153, 1244, and 1298 and finds the same correctly enrolled.


Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1027, 1028, 1099, 1107, 1195, 1214, 1251, 1273, and 1330 were delivered to his Excellency, the Governor, for his approval at 3:20 p.m., February 20, 1998.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1010, 1025, 1029, 1051, 1115, 1186, 1188, 1206, 1252, 1253, 1279, 1281, 1286, 1299, 1305, and 1328 were delivered to his Excellency, the Governor, for his approval at 4:24 p.m., February 23, 1998.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HJR 1006 was delivered to her Excellency, the Secretary of State, for filing at 4:30 p.m., February 23, 1998.


Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

     HB 1244: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the practice of pharmacy.

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

     SB 14: FOR AN ACT ENTITLED, An Act  to restrict when a state employee may be granted leave to participate in certain disaster relief services.

     SB 26: FOR AN ACT ENTITLED, An Act  to revise certain statutes regarding the operation and administration of crematories.

     SB 36: FOR AN ACT ENTITLED, An Act  to revise the crime of indecent exposure.

     SB 37: FOR AN ACT ENTITLED, An Act  to provide a penalty for failing to annually register as a sex offender.

     SB 56: FOR AN ACT ENTITLED, An Act  to revise the requirements for individual and group health insurance availability and portability.

     SB 60: FOR AN ACT ENTITLED, An Act  to revise the administrative rule process to reduce the number of document copies an agency must file when incorporating outside materials into administrative rules.

     SB 62: FOR AN ACT ENTITLED, An Act  to establish the suspension periods for certain violations of traffic laws and for fraudulently using a driver license or nondriver identification card.

     SB 72: FOR AN ACT ENTITLED, An Act  to establish certain continuing education requirements for veterinary technicians.

     SB 80: FOR AN ACT ENTITLED, An Act  to permit school districts to enter an agreement with a nonprofit organization to provide for construction, operation, and maintenance of facilities.

     SB 84: FOR AN ACT ENTITLED, An Act  to authorize sheriffs to collect fees for expenses incurred in executing court orders.

     SB 134: FOR AN ACT ENTITLED, An Act  to permit the Division of Criminal Investigation to process national criminal history checks on applicants for employment with and licensing by the Sisseton-Wahpeton Sioux Tribe.

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

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

     SB 163: FOR AN ACT ENTITLED, An Act  to delay the adoption and implementation of course guidelines for language arts and mathematics.

     SB 168: FOR AN ACT ENTITLED, An Act  to allow organizations subject to the provisions of the insurance laws of this state to incorporate as a nonprofit organization.

     SB 173: FOR AN ACT ENTITLED, An Act  to revise the average daily membership for consolidated school districts.

     SB 183: FOR AN ACT ENTITLED, An Act  to permit the issuance of economic development revenue bonds to finance primary, secondary, and postsecondary schools operated by nonprofit entities.

     SB 197: FOR AN ACT ENTITLED, An Act  to provide for the means of changing the venue in postjudgment divorce, paternity, and separate maintenance actions.
     SB 223: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding insurance coverage for and after delivery of a baby.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1005   Introduced by:  Representatives Lee, Chicoine, Crisp, Diedrich, Duxbury, Fischer- Clemens, Gleason, Hagen, Haley, Kazmerzak, Koetzle, Konold, Kooistra, Lockner, Lucas, Roe, Schaunaman, Schrempp, Smidt, Solum, Van Gerpen, Volesky, and Waltman

A LEGISLATIVE COMMEMORATION,  Honoring Representative Robert R. Weber as the     1998 recipient of the 4-H Volunteer Award .

     WHEREAS,  Representative Robert R. Weber, of Strandburg, South Dakota, has served as a 4-H club leader for twenty-five years; and

     WHEREAS,  he continues to serve as a 4-H sheep project leader to individual 4-H club members; and

     WHEREAS,  he has served his community and state in many ways, including state legislator from District 4 for twenty-six years where he has worked on issues related to 4-H and the South Dakota State Fair, Grant County 4-H Grounds Committee, Strandburg School Board member, Township Board member, State and National Farmers Union, Grant County grain and livestock producer for fifty years, husband to his wife Shirley for fifty years, and father of four children all 4-H graduates; and

     WHEREAS,  he received the 4-H Volunteer Award on February 7, 1998 at the Clover Classic at South Dakota State University:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-third Legislature of the State of South Dakota, that Representative Robert R. Weber, of Strandburg, South Dakota, be congratulated as the recipient of the 1998 4-H Volunteer Award.

     HC 1006   Introduced by:  Representative Volesky

A LEGISLATIVE COMMEMORATION,  Honoring Marie Woster of Chamberlain and her     family as South Dakota State University's Family of the Year.

     WHEREAS,  Staters for State, the student alumni group sponsored by the SDSU Alumni Association, has selected the Woster family as Family of the Year for their continuing involvement with SDSU and for their outstanding contributions to South Dakota and their home community; and
     WHEREAS,  Jim Woster graduated from SDSU in 1962 with a degree in animal science. He is co-owner of Olsen-Frankman Livestock Marketing Service in Sioux Falls; and

     WHEREAS,  oldest daughter Jeanne Chausse, a registered nurse, lives in Naples, Italy; and

     WHEREAS,  Terry Woster graduated from SDSU in 1966 with a degree in Journalism. He lives in Pierre where he is a Capitol reporter and weekly columnist for the Sioux Falls Argus Leader; and

     WHEREAS,  youngest daughter Mary Alice Houg, received her bachelor's degree and her master's degree in English from SDSU where she is now an assistant professor of English; and

     WHEREAS,  Kevin Woster attended SDSU and is a well-known wildlife columnist and reporter for the Sioux Falls Argus Leader:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-third Legislature of the State of South Dakota, that the Woster family be congratulated as South Dakota State University's Family of the Year.

     Rep. Madden moved that the House do now adjourn, which motion prevailed, and at 6:44 p.m. the House adjourned.

KAREN GERDES, Chief Clerk