JOURNAL OF THE SENATE

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THIRTY-FIRST DAY

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STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 24, 1998

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by Senate page Alison Benning.

     Roll Call: All members present.

MADAM PRESIDENT:

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

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January 29, 1998

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Kevin Culhane, Clay County, Vermillion, South Dakota, to the Housing Development Authority.

    This appointment is effective immediately, and shall continue until June 30, 2000.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

January 27, 1998

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Dawn A. Nelson, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2000.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

     Sen. Halverson moved that the rules be suspended for the sole purpose of dispensing with the referral of the executive appointments of Kevin Culhane and Dawn A. Nelson to a committee.

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     The question being on Sen. Halverson's motion that the rules be suspended for the sole purpose of dispensing with the referral of the executive appointments of Kevin Culhane and Dawn A. Nelson to a committee.

     And the roll being called:

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

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

     Nays were:
Morford; Olson

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and the committee referral was waived.

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 26, 37, 60, 62, 72, 84, and 197 were delivered to his Excellency, the Governor, for his approval at 9:55 a.m., February 24, 1998.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 14, 36, 56, 80, 134, 156, 161, 163, 168, 173, 183, and 223 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., February 24, 1998.

Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 70, 145, 211, 227, and 236 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

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MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 105, 106, 107, and 144 were lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 22, 70, 145, 211, 227, and 236 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 12, 103, 138, 139, 141, 193, 206, and 228 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1067 and has 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.

     The President appointed as such committee Sens. Frederick, Staggers, and Hutmacher.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 172 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 68 was tabled.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to SB 1270 and has appointed Reps. Hunt, Wetz, and Collier 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.

     The President appointed as such committee Sens. Whiting, Daugaard, and Flowers.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Koskan, Richard Brown, 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.

Respectfully,
KAREN GERDES, Chief Clerk

     Sen. Shoener moved that the Senate do concur in the House amendments to SB 53.

     The question being on Sen. Shoener's motion that the Senate do concur in the House amendments to SB 53.

     And the roll being called:

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

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

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

     Sen. Halverson moved that the Senate do concur in the House amendments to SB 86.

     The question being on Sen. Halverson's motion that the Senate do concur in the House amendments to SB 86.

     And the roll being called:

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

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

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

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

     State Affairs on HB 1097 as found on page 647 of the Senate Journal; also

     State Affairs on HB 1142 as found on page 646 of the Senate Journal; also

     State Affairs on HB 1160 as found on page 646 of the Senate Journal; also

     Health and Human Services on HB 1257 as found on page 648 of the Senate Journal; also

     State Affairs on HB 1315 as found on page 647 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

    HB 1097   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to appeal rights for state employees.

    Was read the second time.

     The question being "Shall HB 1097 pass as amended?"

     And the roll being called:

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

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

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

     HB 1315:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to comparative negligence.

     Was read the second time.

     The question being "Shall HB 1315 pass as amended?"

     And the roll being called:

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

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

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

     SCR 5:   A CONCURRENT RESOLUTION,   Urging the Congress of the United States to pass legislation reauthorizing the federal highway program by May 1, 1998.

     Was read the second time.

     The question being "Shall SCR 5 as found on page 621 of the Senate Journal be adopted?"

     And the roll being called:

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

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

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared SCR 5 adopted.

     SCR 6:   A CONCURRENT RESOLUTION,   Endorsing the We the People . . . Project Citizen Program.

    Was read the second time.

     The question being "Shall SCR 6 as found on page 622 of the Senate Journal be adopted?"

     And the roll being called:

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

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

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared SCR 6 adopted.

     HB 1269:   FOR AN ACT ENTITLED, An Act   to establish a license surcharge and fund for wildlife depredation and hunter access purposes.

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

t-1269d

     Sen. Aker moved that HB 1269 be further amended as follows:

     On the Senate Agriculture & Natural Resources committee engrossed bill, delete everything after the enacting clause and insert:

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"      Section  1.  The Game, Fish and Parks Commission shall impose a surcharge in the amount of five dollars on each classification of hunting licenses issued by the Department of Game, Fish and Parks with the exception of resident predator/varmint licenses, migratory bird certification permits, youth deer licenses, and youth small game licenses. Revenue from the surcharge shall be deposited in a special fund known as the South Dakota sportsmen's access and landowner depredation fund, which is hereby established. Money in the fund is continuously appropriated for the purposes of this Act. Fifty percent of the money in the fund shall be available to landowners pursuant to procedures and amounts to be established in rules promulgated by the commission pursuant to chapter 1-26 for purposes of providing hunting access on the landowners' land and for wildlife depredation and damage management programs. Fifty percent of the money in the fund shall be available for purposes of acquiring free public hunting access by lease agreement.

     Section  2.  The provisions of this Act do not apply to any resident farmer or rancher limited license issued pursuant to § 41-6-19.3.

     Section  3.  The effective date of this Act is January 1, 1999.

     Section  4.  This Act is repealed on January 1, 2002. "

     Which motion prevailed and HB 1269 was so amended.

     The question being "Shall HB 1269 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Kloucek; Staggers

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

     The question being on the title.

     Sen. Aker moved that the title to HB 1269 be amended as follows:

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     On page 1 , line 1 of the Senate Agriculture & Natural Resources committee engrossed bill , delete everything after " to " and insert " establish a license surcharge and fund for wildlife depredation and hunter access purposes. "

     On page 1 , delete lines 2 and 3 .

     Which motion prevailed and the title was so amended.

     HB 1019:   FOR AN ACT ENTITLED, An Act   to authorize the Board of Regents to expend higher educational facilities funds to lease certain educational facilities.

     Was read the second time.

     The question being "Shall HB 1019 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0

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

     Nays were:
Flowers; Ham; Kleven; Lawler; Olson; Shoener; Whiting

     Excused were:
Staggers

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

     HB 1022:   FOR AN ACT ENTITLED, An Act   to authorize the South Dakota Building Authority to contract for the construction of a multiple use center to provide academic and recreational facilities for Dakota State University and facilities for community activities for the city of Madison and to make an appropriation therefor.

     Was read the second time.

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     Sen. Hunhoff moved that HB 1022 be further amended as follows:

     On page 2 of the Senate Appropriations committee engrossed bill, delete lines 10 to 16 , inclusive , and insert:

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"      Section 4. The design and construction of these modifications shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14. The executive secretary of the Building Authority, the Bureau of Administration, and the executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act. "

    Sen. Hunhoff requested a roll call vote.

    Which request was supported.

     The question being on Sen. Hunhoff's motion that HB 1022 be further amended.

     And the roll being called:

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

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

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

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

     The question now being "Shall HB 1022 pass as amended?"

     And the roll being called:

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

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

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

     HB 1023:   FOR AN ACT ENTITLED, An Act   to authorize the South Dakota Building Authority to contract for the renovation of engineering and technology facilities at the South

Dakota School of Mines and Technology and for construction of an addition to an engineering and technology facility at South Dakota State University and to make an appropriation therefor.

     Was read the second time.

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     Sen. Hunhoff moved that HB 1023 be further amended as follows:

     On page 2 of the Senate Appropriations committee engrossed bill, delete lines 14 to 20 , inclusive , and insert:

"     Section 5. The design and construction of these modifications shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14. The executive secretary of the Building Authority, the Bureau of Administration, and the executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act. "

     Which motion lost.

     The question being "Shall HB 1023 pass as amended?"

     And the roll being called:

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

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

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

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

     Was read the second time.

     Sen. Everist moved that HB 1142 be placed to follow HB 1302 on today's calendar.

     Which motion prevailed and the bill was so placed.

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

     Was read the second time.

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     Sen. Everist moved that HB 1146 be further amended as follows:

     On page 1 , line 14 of the Senate Education committee engrossed bill , delete everything after " Section 2. " and insert:

" Commencing July 1, 1999, technical institutes governed by the Board of Education and accredited by the North Central Association of Colleges and Secondary Schools and universities governed by the Board of Regents and accredited by the North Central Association of Colleges and Secondary Schools shall have articulation agreements in place to transfer sixty-four credit hours in the General Studies Baccalaureate Degree program and up to sixty-four credit hours in compatible programs offered by the respective institutions under the control of the Board of Regents. By December 1, 1998, the Board of Education and the Board of Regents shall report to the Executive Board of the Legislative Research Council on the progress of articulation agreements and the implementation of this Act. The Board of Regents and the Board of Education shall, by agreement, set the criteria and requirements for the transfer of any credits. "

     On page 2 , delete lines 1 to 7 , inclusive .

     Which motion prevailed and HB 1146 was so amended.

j-1146

     Sen. Paisley moved that HB 1146 be further amended as follows:

     On page 2 , after line 10 of the Senate Education committee engrossed bill , insert:

"     Section 4. The implementation of sections 1 and 2 of this Act shall be consistent with the rules, regulations, and requirements of the North Central Association of Colleges and Secondary Schools accrediting agency. "

    Sen. Paisley requested a roll call vote.

    Which request was supported.

     The question being on Sen. Paisley's motion that HB 1146 be further amended.

     And the roll being called:

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     Yeas 13, Nays 21, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Brown (Arnold); Dunn (Jim); Dunn (Rebecca); Hunhoff; Lange; Morford; Munson (David); Paisley; Reedy; Staggers; Symens; Valandra

     Nays were:
Aker; Benson; Brosz; Daugaard; Drake; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kleven; Kloucek; Lawler; Olson; Rounds; Shoener; Vitter; Whiting

     Excused were:
Dennert

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

     Sen. Reedy moved that HB 1146 be laid on the table.

     The question being on Sen. Reedy's motion that HB 1146 be laid on the table.

     And the roll being called:

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

     Yeas were:
Brown (Arnold); Dennert; Dunn (Jim); Dunn (Rebecca); Flowers; Hunhoff; Lange; Morford; Reedy; Symens

     Nays were:
Aker; Albers; Benson; Brosz; Daugaard; Drake; Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kleven; Kloucek; Lawler; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

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

x-1146b

     Sen. Hainje moved that HB 1146 be further amended as follows:

     On page 2 of the Senate Education committee engrossed bill, delete lines 8 to 10 , inclusive .

    Sen. Daugaard moved the previous question.

    Which motion prevailed.

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    Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Hainje's motion that HB 1146 be further amended.

     And the roll being called:

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

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

     Nays were:
Brown (Arnold); Morford; Olson; Paisley; Staggers; Symens

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and HB 1146 was so amended.

     The question now being "Shall HB 1146 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brosz; Daugaard; Drake; Dunn (Jim); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kleven; Kloucek; Lawler; Munson (David); Olson; Paisley; Rounds; Shoener; Valandra; Vitter; Whiting

     Nays were:
Brown (Arnold); Dennert; Dunn (Rebecca); Hunhoff; Lange; Morford; Reedy; Staggers; Symens

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

o-1160c

     Sen. Everist moved that HB 1160 be further amended as follows:

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     On page 15 , after line 16 of the Senate State Affairs committee engrossed bill , insert:

"      Section 28. It is in the public interest and essential that local exchange telecommunication companies over all of South Dakota continue to be viable providers of affordable local exchange services. Local exchange telecommunication companies receive substantial revenue necessary to support the exchange from a minority of their customers. Local exchange telecommunication companies must be allowed to compete to keep their profitable customers in order to maintain the viability of local exchanges. However, customers in rural and high-cost areas should have access to telecommunications and information services, including interexchange services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas.

     Notwithstanding any other provisions of chapter 49-31, any telecommunication company may grant any discounts, incentives, services, or other business practices necessary to meet competition. Nothing in chapter 49-31 restricts or prevents telecommunication companies from offering reduced prices and special terms and conditions for this state, its existing instrumentalities and subdivisions, for the United States and for K through 12 schools accredited by the secretary of the Department of Education and Cultural Affairs.

     Section 29. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

     Any regulation of telecommunications service by the commission pursuant to chapters 49-13 and 49-31 shall be fair, reasonable, nondiscriminatory and applicable to all telecommunications carriers providing service in the state. The commission shall establish, by rules promulgated pursuant to chapter 1-26, quality of service standards.

     Section 30. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

     Prices as of January 1, 1998, for residential and business local exchange service, both recurring and nonrecurring, for a telecommunications company with more than two hundred thousand retail access lines in the state may not be changed unless reduced by the company. If the telecommunications company reduces its prices for residential or business local exchange service pursuant to this Act, it may not subsequently increase such prices. The provisions of §  49-31-4 and § §  49-31-12 to 49-31-12.5, inclusive, do not apply to prices for services regulated by this section.

     Section 31. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    Dialing parity, as defined in 47 U.S.C. §  153 (15) as of January 1, 1998, for purposes of intraLATA long distance telecommunications services, may not be implemented by order of the commission until all providers of toll services are authorized to provide interLATA services which originate in this state.

     Section 32. Nothing in sections 28 to 31, inclusive, of this Act exempts any telecommunications company from any state or federal antitrust laws. "

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     Sen. Olson moved that HB 1160 be placed to follow HB 1142 on today's calendar.

     Sen. Olson moved as a substitute motion that HB 1160 and Sen. Everist's pending amendment be laid on the table.

     The question being on Sen. Olson's motion that HB 1160 and Sen. Everist's pending amendment be laid on the table.

     And the roll being called:

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

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

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

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

     Sen. Hunhoff moved that the Senate do now recess until 4:45 p.m., which motion prevailed and at 4:30 p.m., the Senate recessed.

     The Senate reconvened at 4:45 p.m. the President presiding.

    The question now being on Sen. Everist's motion that HB 1160 be further amended.

     Sen. Dunn (Jim) moved the previous question.

     Sen. Hutmacher moved that Sen. Everist's motion to further amend HB 1160 be laid on the table.

    Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Hutmacher's motion that Sen. Everist's motion to further amend HB 1160 be laid on the table.

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     And the roll being called:

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

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

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

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

     Sen. Dunn (Jim) moved the previous question.

     Which motion prevailed.

     Sen. Olson requested a roll call vote.

     Which request was supported.

    The question now being on Sen. Everist's motion the HB 1160 be further amended.

     And the roll being called:

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

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

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

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and HB 1160 was so amended.

     Sen. Flowers moved that Sen. Everist's amendment to HB 1160 be amended as follows:

    In Section 28, line 6, after "areas" delete "should" and insert "shall".

---

    In Section 30, line 5, after "it" delete "may" and insert "shall".

     Which motion prevailed and the amendment was so amended.

     Sen. Drake moved the previous question.

     Which motion prevailed.

     The question now being "Shall HB 1160 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Aker; Dennert; Dunn (Rebecca); Flowers; Hainje; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Symens; Valandra; Whiting

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

     Sen. Kloucek announced his intention to reconsider the vote by which HB 1160 passed.

     HB 1238:   FOR AN ACT ENTITLED, An Act   to establish a telecommunications gross receipts tax, to provide for its distribution, and to repeal certain property taxes and certain gross receipts taxes paid by certain telecommunications companies.

     Was read the second time.

f-1238g

     Sen. Paisley moved that HB 1238 be further amended as follows:

     On page 3 , line 1 of the Senate Taxation committee engrossed bill , delete everything after " Act. "

     On page 3 , delete lines 2 to 9 , inclusive .

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     Which motion prevailed and HB 1238 was so amended.

f-1238k

     Sen. Lawler moved that HB 1238 be further amended as follows:

     On page 2 , line 4 of the Senate Taxation committee engrossed bill , after " intrastate " insert " and interstate " .

     On page 2 , line 7 , after " company. " insert " Interstate telecommunications services are communications which originate or terminate within this state, and are billed to or for a location in this state. " .

     On page 2 , line 8 , delete " four " and insert " three " .

     On page 3 , line 24 , delete " the property tax reduction " and insert " a universal service fund which is established in the state treasury. The Public Utilities Commission shall administer this fund. The purpose of the fund is to provide quality and reliable telecommunications facilities and services at reasonable rates to all South Dakota consumers, including low income individuals and individuals residing in rural and high cost service areas. The Public Utilities Commission may promulgate rules pursuant to chapter 1-26 to establish procedures to disburse money from the fund. "

     On page 4 , delete lines 1 and 2 .

     Sen. Rounds moved that HB 1238 and Sen. Lawler's pending amendment be laid on the table.

     The question being on Sen. Rounds' motion that HB 1238 and Sen. Lawler's pending amendment be laid on the table.

     And the roll being called:

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

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

     Nays were:
Dunn (Rebecca); Everist; Halverson; Ham; Kleven; Munson (David); Paisley; Shoener; Symens; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1238 and the pending amendment were laid on the table.

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

     Was read the second time.

     The question being "Shall HB 1257 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent and Not Voting 0

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

     Nays were:
Albers; Drake; Flowers

     Excused were:
Paisley

     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 1272:   FOR AN ACT ENTITLED, An Act   to require certain children in passenger vehicles to be in a child passenger restraint system.

     Was read the second time.

o-1272a

     Sen. Drake moved that HB 1272 be amended as follows:

     On page 2 , after line 3 of the printed bill , insert:

"     Section 3. Each school bus shall be equipped with a seat belt for each passenger. Any operator of a school bus transporting a child under eighteen years of age on the streets and highways of this state shall properly secure the child in a seat belt. A violation of this section is a petty offense. "

     Sen. Kloucek moved that Sen. Drake's motion to amend HB 1272 be laid on the table.

     Which motion prevailed and Sen. Drake's motion to amend HB 1272 was laid on the table.

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     The question being "Shall HB 1272 pass?"

     And the roll being called:

     Yeas 23, Nays 12, Excused 0, Absent and Not Voting 0

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

     Nays were:
Aker; Benson; Drake; Dunn (Jim); Frederick; Halverson; Johnson (William); Kloucek; Rounds; Shoener; Staggers; 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 1302:   FOR AN ACT ENTITLED, An Act   to make perpetrators of child abuse liable for Department of Social Services' payments that are directly related to child abuse and to create a lien.

     Was read the second time.

     The question being "Shall HB 1302 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 17, Excused 1, Absent and Not Voting 0

    The Senators being equally divided, the President voted "Yea".

     Yeas were:
Albers; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Halverson; Ham; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Aker; Benson; Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Hainje; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford; Staggers

     Excused were:
Frederick

     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.

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     Sen. Kloucek announced his intention to reconsider the vote by which HB 1302 passed.

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

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

     Sen. Everist moved that HB 1142 be laid on the table.

     The question being on Sen. Everist's motion that HB 1142 be laid on the table.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

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

     Nays were:
Aker

     Excused were:
Frederick

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1142 was laid on the table.

     Sen. Rounds moved that consideration of House amendments to SB 193 be placed to precede SB 12 on today's calendar addendum.

     Which motion prevailed.

     Sen. Staggers moved that the Senate do concur in the House amendments to SB 193.

     Sen. Paisley moved as a substitute motion that the Senate do not concur in House amendments to SB 193 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.

    Sen. Staggers requested a roll call vote.

    Which request was supported.

    The question being on Sen. Paisley's substitute motion that the Senate do not concur in House amendments to SB 193 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.

     And the roll being called:

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

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

     Nays were:
Aker; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Rounds; Staggers; Symens; Valandra; Vitter

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

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 9:30 a.m. on Wednesday, February 25, the 32nd legislative day.

     Which motion prevailed.

MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 53 and 86 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

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MADAM PRESIDENT:

    The Conference Committee respectfully reports that it has considered HJR 1002 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HJR 1002 be amended as follows:

f-j1002

     On the Senate State Affairs committee engrossed resolution, delete everything after the resolving clause and insert:

"      Section 1. That at the next general election held in the state, the following amendments to Article III, section 3 and Article IV, section 2 of the Constitution of the State of South Dakota, as set forth in sections 2 and 3 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

     Section 2. That Article III, section 3 of the Constitution of the State of South Dakota, be amended to read as follows:

     §   3.   No person shall be is eligible to for the office of senator who is not a qualified elector in the district from which he may be such person is chosen, and a citizen of the United States, and who shall has not have attained the age of twenty-five twenty-one years, and who shall has not have been a resident of the state or territory for two years next preceding his election.

    No person shall be is eligible to for the office of representative who is not a qualified elector in the district from which he may be such person is chosen, and a citizen of the United States, and who shall has not have been a resident of the state or territory for two years next preceding his election, and who shall has not have attained the age of twenty-five twenty-one years.

    No judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder, sheriff or collector of public moneys, member of either house of Congress, or person holding any lucrative office under the United States, or this state, or any foreign government, shall be a member of the Legislature: provided, that appointments in the militia, the offices of notary public and justice of the peace shall not be considered lucrative; nor shall any person holding any office of honor or profit under any foreign government or under the government of the United States, except postmasters whose annual compensation does not exceed the sum of three hundred dollars, hold any office in either branch of the Legislature or become a member thereof.

     Section 3. That Article IV, section 2 of the Constitution of the State of South Dakota, be amended to read as follows:

     §   2.   The Governor and lieutenant governor must be citizens of the United States , have attained the age of twenty-one years, and be residents of the State of South Dakota for two years preceding their election. They shall be jointly elected for a term of four years at a general election held in a nonpresidential election year. The candidates having the highest number of

votes cast jointly for them shall be elected. Commencing with the 1974 general election, no person shall be elected to more than two consecutive terms as Governor or as lieutenant governor. The election procedure shall be as prescribed by law."

f-j1002t

     On page 1 , line 2 of the Senate State Affairs committee engrossed resolution , delete " an amendment " and insert " amendments to Article III, section 3 of the Constitution of the State of South Dakota, relating to the age qualifications for legislative office, and " .

Respectfully submitted,    Respectfully submitted,
BILL NAPOLI    ALAN AKER
ROBERT R. WEBER    BOB DRAKE
PAT HALEY    PAUL SYMENS
House Committee    Senate Committee

MADAM PRESIDENT:

    I have the honor to return herewith SB 21, 92, 94, 110, 160, 165, 170, 178, 207, and 218 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 113 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 220 was tabled.

Respectfully,
KAREN GERDES, Chief Clerk

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