JOURNAL OF THE SENATE

SEVENTY-FOURTH  SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 12, 1999

     BE IT REMEMBERED, That on the twelfth day of January, A.D., one thousand nine hundred ninety-nine, at the hour of twelve o'clock meridian, being the date and hour fixed by the Constitution of the State of South Dakota for the convening of the Legislature, the Seventy fourth regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Carole Hillard in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

     The following prayer was offered by the Chaplain, Pastor Roger Easland, Congregational United Church of Christ , Pierre:

    Gracious and All-powerful God, we thank You today for showing us the way to a better world. You call us to do justice, to love kindness, and to walk each day humbly with You. As we begin this 1999 Session, be our light, our guide, our personal mentor, and our hope.

    Bless Governor Janklow with wisdom and health. Bless our colleagues with a hard- working and cooperative spirit. Bless all servants of the State with clarity of purpose and the peace of mind at a job well done.

    Bless all the people of South Dakota with goodwill and a rich sense of the value of community. Prosper our land and the hands who work it with good stewardship and fair prices.

    God bless in all ways this 1999 South Dakota Senate Session, as we live out and honor our heritage: Indeed, under God the people rule!

    In the name of our Lord Jesus. Amen.

    The Pledge of Allegiance to the flag of the United States was led by Senate page Jessica Madden.


    I, JOYCE HAZELTINE, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the Senate at the general election held on November 3, 1998, are hereby certified as members of the Senate of the 1999-2000 Legislative Sessions:

District No.  1  Codington, Day, Marshall and Roberts Counties
        Paul N. Symens, Amherst

District No.  2  Brown and Marshall Counties
        H. Paul Dennert, Columbia

District No.  3  Brown and McPherson Counties
        Jim Lawler, Aberdeen

District No.  4  Brookings, Deuel and Grant Counties
        Harold W. Halverson, Twin Brooks

District No.  5  Codington County
        Don Brosz, Watertown        

        District No.  6  Clark, Codington, Hamlin, Kingsbury and Miner Counties
    Randall Frederick, Hayti

District No.  7  Brookings County
    Arnold M. Brown, Brookings

District No.  8  Lake, Minnehaha and Moody Counties
    Gerald F. Lange, Madison

District No.  9  McCook, Minnehaha and Turner Counties
    Dennis Daugaard, Garretson

District No. 10  Lincoln and Minnehaha Counties
    Dave Munson, Sioux Falls

District No. 11  Minnehaha County
    Dick Hainje, Sioux Falls

District No. 12  Minnehaha County
    Keith Paisley, Sioux Falls

District No. 13  Minnehaha County
    Kermit L. Staggers, Sioux Falls

District No. 14  Minnehaha County
    Barbara Everist, Sioux Falls


District No. 15  Minnehaha County
    Rebecca J. Dunn, Sioux Falls

District No. 16  Lincoln and Union Counties
    Kenneth D. Albers, Canton

District No. 17  Clay and Turner Counties
    John J. Reedy, Vermillion

District No. 18  Yankton County
    Garry A. Moore, Yankton

District No. 19  Bon Homme, Douglas and Hutchinson Counties
    Frank J. Kloucek, Scotland

District No. 20  Davison and Hanson Counties
    Mel Olson, Mitchell

District No. 21  Beadle and Spink Counties
    Charles Flowers, Iroquois

District No. 22  Aurora, Buffalo, Hand, Jerauld, Sanborn and Spink Counties
    Robert N. Duxbury, Wessington

District No. 23  Campbell, Edmunds, Faulk, Hyde, Potter and Walworth Counties
     Robert “Bob” Drake, Bowdle

District No. 24  Hughes, Lyman, Stanley and Sully Counties
    M. Michael Rounds, Pierre

District No. 25  Brule, Charles Mix, Gregory and Lyman Counties
    James K. Hutmacher, Chamberlain

District No. 26  Bennett, Haakon, Jackson, Jones, Lyman, Mellette and Tripp Counties
     Robert Benson, Clearfield

District No. 27  Bennett, Shannon and Todd Counties
    Paul Valandra, Mission

District No. 28  Butte, Corson, Dewey, Harding, Perkins and Ziebach Counties
    Eric H. Bogue, Dupree

District No. 29  Butte and Meade Counties
    Marguerite Kleven, Sturgis

District No. 30  Custer, Fall River and Pennington Counties
    Drue J. Vitter, Hill City


District No. 31  Lawrence County
    James B. Dunn, Lead

District No. 32  Pennington County
    Arlene Ham, Rapid City

District No. 33  Meade and Pennington Counties
    Fred Whiting, Rapid City

District No. 34  Pennington County
    Jerry J. Shoener, Rapid City

District No. 35  Pennington County
    Cheryl Madden, Rapid City

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 7th day of January, 1999.

    (SEAL)

JOYCE HAZELTINE

Secretary of State

    I, JOYCE HAZELTINE, Secretary of State of the state of South Dakota, do hereby certify that the following members elected to the Senate of the state of South Dakota for the term 1999- 2000 were administered the oath of office on the 9th day of January, 1999, at the seat of state government in Pierre by the Honorable David Gilbertson, Justice of the Supreme Court of the State of South Dakota, and subscribed to the same and that such oath is now on file in the office of the Secretary of State of South Dakota.

Robert Benson
Eric Bogue
Don Brosz
Arnold Brown
Dennis Daugaard
Bob Drake
Barbara Everist
Randy D. Frederick
Dick Hainje
Harold Halverson
Marguerite Kleven
Jim Lawler
Cheryl Madden
Garry Moore
M. Michael Rounds
Kermit Staggers
Due J. Vitter
Fred Whiting


    IN TESTIMONY WHEREOF, I have set my hand and affixed the Great Seal of the state of South Dakota this 11th day of January, 1999.

(SEAL)        JOYCE HAZELTINE

Secretary of State


    I, JOYCE HAZELTINE, Secretary of State of the state of South Dakota, do hereby certify that on the ninth day of January, A.D., one thousand nine hundred ninety-nine, at the hour of twelve o'clock meridian, the Honorable Robert A. Miller, Chief Justice of the Supreme Court of the state of South Dakota, in the rotunda of the Capitol Building, at the seat of state government in Pierre and in the presence of the legislators there assembled, administered the oath of office to the following state constitutional officers-elect which was subscribed to and placed on file in the office of the Secretary of the State of South Dakota:

Governor - William Janklow

Lt. Governor - Carole Hillard

Secretary of State - Joyce Hazeltine

Attorney General - Mark Barnett, having been formally sworn in on January 9, 1999, by the         Honorable Thomas C. Barnett, Jr., Notary Public of the state of South Dakota

State Auditor - Vernon L. Larson

State Treasurer - Dick Butler, however this oath has not yet been placed on file with the         Secretary of State

Commissioner of School and Public Lands - Curt Johnson, however this oath has not yet been         placed on file with the Secretary of State

    I DO FURTHER CERTIFY that the Honorable Chief Justice Robert A. Miller administered the oath of office to Jim Burg for the office of Public Utilities Commissioner on January 4, 1999, and that the oath has been subscribed to and placed on file in the office of the Secretary of State.

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota this 11th day of January, 1999.

(SEAL)        JOYCE HAZELTINE

Secretary of State


    I, JOYCE HAZELTINE, Secretary of State of the state of South Dakota, do hereby certify that the following Senators were not present January 9, 1999, for the swearing in ceremonies or have yet to take the oath of office:


District No.  1  Codington, Day, Marshall and Roberts Counties
        Paul N. Symens, Amherst

District No.  2  Brown and Marshall Counties
        H. Paul Dennert, Columbia

District No.  8  Lake, Minnehaha and Moody Counties
        Gerald F. Lange, Madison

District No. 10  Lincoln and Minnehaha Counties
        Dave Munson, Sioux Falls

District No. 12  Minnehaha County
        Keith Paisley, Sioux Falls

District No. 15  Minnehaha County
        Rebecca J. Dunn, Sioux Falls

District No. 16  Lincoln and Union Counties
        Kenneth D. Albers, Canton

District No. 17  Clay and Turner Counties
        John J. Reedy, Vermillion

District No. 19  Bon Homme, Douglas and Hutchinson Counties
        Frank J. Kloucek, Scotland

District No. 20  Davison and Hanson Counties
        Mel Olson, Mitchell

District No. 21  Beadle and Spink Counties
        Charlie Flowers, Iroquois

District No. 22  Aurora, Buffalo, Hand, Jerauld, Sanborn and Spink Counties
        Robert N. Duxbury, Wessington

District No. 25  Brule, Charles Mix, Gregory and Lyman Counties
        James K. Hutmacher, Chamberlain

District No. 27  Bennett, Shannon and Todd Counties
        Paul Valandra, Mission

District No. 31  Lawrence County
        James B. Dunn, Lead

District No. 32  Pennington County
        Arlene Ham, Rapid City


District No. 34  Pennington County
        Jerry J. Shoener, Rapid City

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 11th day of January, 1999.

(SEAL)                                         JOYCE HAZELTINE
Secretary of State

    The oath of office was administered by the Honorable David Gilbertson, Justice of the Supreme Court of the state of South Dakota, to the following Senators-elect:

Kenneth D. Albers
H. Paul Dennert
James B. Dunn
Rebecca Dunn
Robert N. Duxbury
Charlie Flowers
Arlene Ham
James K. Hutmacher
Frank J. Kloucek
Gerald F. Lange
Dave Munson
Mel Olson
Keith Paisley
John J. Reedy
Jerry J. Shoener
Paul Symens

    Which were subscribed to and placed on file in the office of the Secretary of State.

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

MOTIONS AND RESOLUTIONS


    Sen. Rounds moved that the Senate do now proceed with the organization of the Senate.

    Which motion prevailed.

    Sen. Rounds moved that Sen. Halverson be elected President Pro tempore of the Senate for the Seventy-fourth Legislative Session.

    The question being on Sen. Rounds' motion that Sen. Halverson be elected President Pro tempore of the Senate for the Seventy-fourth Legislative Session.

     And the roll being called:



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

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

     Excused were:
Valandra

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

    The oath of office was administered by the Honorable David Gilbertson, Justice of the Supreme Court of the State of South Dakota, to President Pro tempore Harold W. Halverson.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Sen. Rounds moved that Patricia Adam be elected Secretary of the Senate for the Seventy- fourth Legislative Session.

    The question being on Sen. Rounds' motion that Patricia Adam be elected Secretary of the Senate for the Seventy-fourth Legislative Session.

     And the roll being called:

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

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

     Excused were:
Valandra

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

    The oath of office was administered by the Honorable David Gilbertson, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Patricia Adam.


    Which was subscribed to and placed on file in the office of the Secretary of State.

    The President announced the appointment of the following named persons as employees of the Senate for the Seventy-fourth Legislative Session:

    First Assistant to the Secretary -- Helen Harryman

    Second Assistant to the Secretary -- Joan Johnson

    Index Clerk -- Trudy Evenstad

    Secretary to the Majority Leader -- Carol Glass

    Secretary to the Minority Leader --Rebecca Hauger

    Secretary to the President Pro Tempore -- Janet Judson

    Appropriations Secretary -- Deborah Rumrill

            Committee Secretaries -- Doris Donner, Cynthia Mercer, Margaret Nickels, Jean Smith

    Sergeant-at-Arms -- Curt Neuharth

    Assistant Sergeants-at-Arms -- Rollie Benson, Alice Mae Kennedy, Don Rounds, Milo Smith

    Documents Clerk -- Dana Petersen

            Pages (1st Term) -- Tom Anderson, Kerri Hamer, Jessica Madden, Misty Monnens, Sommerlyn Mortensen, Amy Murphy, Tara Nolte, Athena Schneider, Cara Weiler

            Pages (2nd Term) -- Amy Benning, Sherry Butt, Stephanie Dummann, Laura Jarding, Anna Kerner, Tiffany Larson, Jeffrey Roby, Justin Stephens, Lindsey Wagner, Monica Witcher, Laura Zoss

            Pages (3rd Term) -- Jessica Aguilar, Julie Brandt, Garrett Bruening, Kathleen Coughlin, Eric Folsland, Jennifer Hoebelheinrich, Jessica Majeres, Paul Rasmussen, Chely Schaffer, Nicole Strand, Kathleen Vidoloff

            Pages (4th Term) -- Eleanor Alexander, Jacob Barclay, Talia Bollinger, Holly Casanova, Joy Anna Freed, Brooke Hoebelheinrich, Kevin Jaeger, Kathy Johnson, Dara Lunder, Jennifer Muller, Mark Papousek

            Legislative Interns -- Patrick Duffy, Laura Anne Durfee, Brock Greenfield, Katherine Malinski, Leslie Medema, Nicole Nachtigal, John Stekly


    The oath of office was administered by the Honorable David Gilbertson, Justice of the Supreme Court of the State of South Dakota, to the following named employees:

    First Assistant to the Secretary -- Helen Harryman

    Second Assistant to the Secretary -- Joan Johnson

    Index Clerk -- Trudy Evenstad

    Secretary to the Majority Leader -- Carol Glass

    Secretary to the Minority Leader -- Rebecca Hauger

    Secretary to the President Pro Tempore -- Janet Judson

    Appropriations Secretary -- Deborah Rumrill

            Committee Secretaries -- Doris Donner, Cynthia Mercer, Margaret Nickels, Jean Smith
        
    Sergeant-at-Arms -- Curt Neuharth

    Assistant Sergeant-at-Arms -- Alice Mae Kennedy

    Documents Clerk -- Dana Petersen

            Pages (1st Term) -- Tom Anderson, Kerri Hamer, Jessica Madden, Misty Monnens, Sommerlyn Mortensen, Amy Murphy, Tara Nolte, Athena Schneider, Cara Weiler

            Legislative Interns -- Patrick Duffy, Laura Anne Durfee, Brock Greenfield, Katherine Malinski, Leslie Medema, Nicole Nachtigal, John Stekly

    Which were subscribed to and placed on file in the office of the Secretary of State.

    Sen. Rounds moved that the permanent joint rules and the permanent Senate rules of the Seventy-third Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Seventy-fourth Legislative Session.

    The question being on Sen. Rounds' motion that the permanent joint rules and the permanent Senate rules of the Seventy-third Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Seventy-fourth Legislative Session.

     And the roll being called:


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

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

     Excused were:
Valandra

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

    Sen. Rounds moved 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 make arrangements for the Joint Session to receive the message of the Governor.

    Which motion prevailed and the President appointed as such committee Sens. Rounds, Halverson, and Hutmacher.

    Sen. Rounds moved 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 notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications that he may desire to make.

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

    Sen. Rounds moved 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 relative to the Joint Rules for the two houses for the Seventy-fourth legislative session.

    Which motion prevailed and the President appointed as such committee Sens. Rounds, Halverson, and Hutmacher.

    Sen. Rounds moved 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 make arrangements for legislative days for the members, officers, and employees of the Senate and the House for the Seventy-fourth Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Halverson, Rounds, and Hutmacher.

    Sen. Rounds moved 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 fix the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-fourth Legislative

Session pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and the President appointed as such committee Sens. Halverson, Rounds, and Hutmacher.

    Sen. Rounds moved 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 confer with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals and bills, and other legislative printing for the two Houses and the state offices, with the full power to act.

    Which motion prevailed and the President appointed as such committee Sens. Everist, Whiting, and Olson.

    Sen. Rounds moved 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 select chaplains for the Seventy-fourth Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Frederick, Hainje, and Flowers.

    Sen. Rounds moved 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 arrange for a memorial recognition of deceased former members of the Senate and House.

    Which motion prevailed and the President appointed as such committee Sens. Paisley, Shoener, and Lange.

    The President announced the appointment of the following standing committees:

** Denotes Chair
* Denotes Vice-Chair

AGRICULTURE AND NATURAL RESOURCES (9)
**Dunn (Jim), *Vitter, Brosz, Brown (Arnold), Halverson, Ham, Kloucek, Reedy, Symens

APPROPRIATIONS (10)
**Frederick, *Drake, Benson, Bogue, Hainje, Kleven, Staggers, Dennert, Duxbury, Lange

COMMERCE (7)
**Shoener, *Daugaard, Paisley, Whiting, Lawler, Olson, Valandra

EDUCATION (7)
**Everist, *Brosz, Ham, Paisley, Hutmacher, Olson, Reedy


GOVERNMENT OPERATIONS AND AUDIT (3)
**Kleven, *Bogue, Moore

HEALTH AND HUMAN SERVICES (7)
**Brown (Arnold), *Albers, Dunn (Jim), Madden, Kloucek, Lawler, Valandra

JUDICIARY (7)
**Whiting, *Daugaard, Everist, Munson (David), Dunn (Rebecca), Flowers, Moore

LEGISLATIVE PROCEDURE (7)
**Halverson, *Rounds, Paisley, Whiting, Flowers, Hutmacher, Olson

LOCAL GOVERNMENT (7)
**Ham, *Shoener, Madden, Vitter, Dunn (Rebecca), Kloucek, Reedy

RETIREMENT LAWS (5)
**Albers, *Rounds, Brown (Arnold), Lawler, Olson

STATE AFFAIRS (9)
**Halverson, *Rounds, Dunn (Jim), Everist, Munson (David), Whiting, Hutmacher, Lawler, Symens

TAXATION (8)
**Paisley, *Brosz, Albers, Brown (Arnold), Daugaard, Flowers, Moore, Olson

TRANSPORTATION (7)
**Munson (David), *Vitter, Madden, Shoener, Flowers, Moore, Symens

     SCR 1   Introduced by:  Senators Drake, Benson, Brown (Arnold), Lange, Reedy, Valandra, and Vitter and Representatives Wetz, Jaspers, Lockner, and Weber at the request of the Interim Agriculture Committee

A CONCURRENT RESOLUTION,  Requesting the United States Congress to exempt     agricultural commodities and products from economic sanctions.

     WHEREAS,  agriculture is the number one industry in South Dakota and is the bedrock of South Dakota's economy; and

     WHEREAS,  many South Dakotans rely on the agricultural industry to make a living; and

     WHEREAS,  the agricultural industry in South Dakota and in the United States is experiencing financial difficulties; and

     WHEREAS,  approximately three billion people in seventy countries are prevented from doing business with the United States because of some form of economic sanction:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the United States Congress is hereby requested to exempt all agricultural commodities and products when imposing any economic sanctions on foreign countries.

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

     SCR 2   Introduced by:  Senators Reedy, Benson, Brown (Arnold), Drake, Lange, Valandra, and Vitter and Representatives Weber, Jaspers, Lockner, and Wetz at the request of the Interim Agriculture Committee

A CONCURRENT RESOLUTION,  Supporting a change in federal regulations and definitions     for beginning farmer bonds.

     WHEREAS,  agriculture is the foundation of South Dakota's economy; and

     WHEREAS,  South Dakota can prosper through the agriculture industry's ability to expand
value-added processing; and

     WHEREAS,  broader-scoped financing programs would afford help to beginning farmers and value-added projects, and

     WHEREAS,  present Internal Revenue Service definitions and Farm Service Agency rules prohibit and restrict the use of certain bonds for the financing and support of value-added agriculture; and

     WHEREAS,  beginning farmer bonds issued result in a reduction in the state's federal tax exempt bonding authority volume cap:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature supports amending Section 144 of the Internal Revenue Service definitions to include language specifically recognizing processing agricultural products through animal utilization as an eligible project and thereby allowing tax-exempt bonds to finance projects; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature supports changing the Farm Service Agency's rules to allow the Farm Service Agency to guaranty farmer bonds and thereby allowing a beginning farmer with greater financial risk to be eligible to participate in the guarantee programs; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature supports federal legislation to allow beginning farmer bonds to be issued without deriving the bonds from the federally allocated tax-exempt state bonding authority.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.
     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 11:00 a.m., Wednesday, January 13, the 2nd legislative day.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 1   Introduced by:  Senators Olson, Brosz, and Dennert and Representatives Diedrich (Larry), Broderick, Chicoine, Cutler, Monroe, Smidt, and Waltman at the request of the Interim Taxation Committee

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

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

     SB 2   Introduced by:  Senators Brosz, Dennert, Madden, and Olson and Representatives Diedrich (Larry), Broderick, Chicoine, Pummel, and Smidt at the request of the Interim Taxation Committee

       FOR AN ACT ENTITLED, An Act   to provide for the recovery of certain expenses in an action brought by any governmental subdivision relative to the assessment, allocation, or distribution of centrally assessed property.

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

     SB 3   Introduced by:  Senators Rounds, Dunn (Rebecca), Everist, and Hutmacher and Representatives Brown (Richard), Jaspers, Kooistra, Napoli, Solum, and Volesky at the request of the Interim Education Committee

       FOR AN ACT ENTITLED, An Act   to mandate driver's education, to increase certain fees, and to make a continuous appropriation to provide funding.

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

     SB 4   Introduced by:  Senators Vitter, Hutmacher, and Olson and Representatives Konold, Crisp, Derby, Fischer-Clemens, and Munson (Donald) at the request of the Interim Transportation Committee

       FOR AN ACT ENTITLED, An Act   to increase the excise tax on certain motor fuels.

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


     SB 5   Introduced by:  Senators Benson, Brown (Arnold), Drake, Lange, Reedy, Valandra, and Vitter and Representatives Jaspers, Lockner, Weber, and Wetz at the request of the Interim Agriculture Committee

       FOR AN ACT ENTITLED, An Act   to establish the value added agriculture fund and provide for its funding and disbursement.

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

     SB 6   Introduced by:  Senators Drake, Benson, Brown (Arnold), Lange, Reedy, Valandra, and Vitter and Representatives Jaspers, Lockner, Weber, and Wetz at the request of the Interim Agriculture Committee

       FOR AN ACT ENTITLED, An Act   to revise the authority of the Board of Economic Development.

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

     SB 7   Introduced by:  Senator Kleven and Representatives Munson (Donald) and Crisp at the request of the Interim Government Operations and Audit Committee

       FOR AN ACT ENTITLED, An Act   to establish the county road and bridge fund.

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

     SB 8   Introduced by:  Senator Kloucek

       FOR AN ACT ENTITLED, An Act   to repeal certain legislative pay increases.

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

     SB 9   Introduced by:  Senator Shoener and Representative Engbrecht

       FOR AN ACT ENTITLED, An Act   to revise certain remittance procedures for county registers of deeds and sheriffs.

     Was read the first time and referred to the Committee on Local Government.

     SB 10   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System


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

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 11   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act   to provide for the inclusion of certain jailers as Class B members of the South Dakota Retirement System.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 12   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       FOR AN ACT ENTITLED, An Act   to improve the survivor benefit for a surviving spouse of a member of the South Dakota Retirement System.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 13   Introduced by:  The Committee on Appropriations at the request of the Department of Military and Veterans Affairs

       FOR AN ACT ENTITLED, An Act   to repeal certain exemptions for national guard members and discharged members from certain taxes and military duty.

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

     SB 14   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act   to provide for a penalty for failure to obtain a license before operating an alcoholic beverage business.

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

     SB 15   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act   to exempt inmate matters from certain contested case, rule making, and declaratory ruling processes.


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

     SB 16   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding receipts and reimbursement for inmate transports to the penitentiary.

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

     SB 17   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act   to repeal certain provisions regarding the notification of victims of crime.

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

     SB 18   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act   to allow an inmate to waive a noncompliance hearing with the Board of Pardons and Paroles.

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

     SB 19   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning clemency applications.

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

     SB 20   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act   to provide for court-ordered restitution at the time a defendant is sentenced to the state penitentiary.

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


     SB 21   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act   to specify the responsible party for inmate transportation to court-ordered hearings.

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

     SB 22   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to vital records.

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

     SB 23   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the type of academic achievement tests required under the state testing program.

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

     SB 24   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act   to exempt certain contracting school districts from the requirement to reorganize.

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

     SB 25   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act   to authorize the sale, exchange, or demolition of a farmhouse, garage, and corncrib/granary located on the Southeast Agricultural Experiment Station, to replace the dwelling, and to make an appropriation therefor.

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

     SB 26   Introduced by:  The Committee on Appropriations at the request of the Board of Regents


       FOR AN ACT ENTITLED, An Act   to authorize the sale of a tract of land in Brookings County used by the Agricultural Experiment Station research program, to provide for the deposit of the sale proceeds, and to revise the allocation of the Board of Regents endowed institution interest and income fund to reflect the value of such sale.

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

     SB 27   Introduced by:  The Committee on Education at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act   to require the conduct of criminal background checks for certain persons employed by the Board of Regents.

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

     SB 28   Introduced by:  The Committee on Judiciary at the request of the Attorney General

       FOR AN ACT ENTITLED, An Act   to establish escrow funds to pay claims brought against tobacco product manufacturers.

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

     SB 29   Introduced by:  The Committee on Judiciary at the request of the Attorney General

       FOR AN ACT ENTITLED, An Act   to require the notarization of campaign and candidate finance forms.

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

     SB 30   Introduced by:  The Committee on Judiciary at the request of the Attorney General

       FOR AN ACT ENTITLED, An Act   to extend certain rights to victims of stalking.

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

     SB 31   Introduced by:  The Committee on Judiciary at the request of the Attorney General

       FOR AN ACT ENTITLED, An Act   to list Flunitrazepam and Gama Hydroxy Butyrate as Schedule III controlled substances.

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


     SB 32   Introduced by:  The Committee on Local Government at the request of the State Board of Elections

       FOR AN ACT ENTITLED, An Act   to revise certain procedures concerning the contents, data, and form of a municipal initiative and referendum and to provide certain rule-making authority.

     Was read the first time and referred to the Committee on Local Government.

     SB 33   Introduced by:  The Committee on Local Government at the request of the State Board of Elections

       FOR AN ACT ENTITLED, An Act   to create a procedure for challenging certain nominating, initiative, or referendum petitions.

     Was read the first time and referred to the Committee on Local Government.

     SB 34   Introduced by:  The Committee on Local Government at the request of the State Board of Elections

       FOR AN ACT ENTITLED, An Act   to revise certain requirements concerning the certificate for nomination and to provide certain rule-making authority.

     Was read the first time and referred to the Committee on Local Government.

     SB 35   Introduced by:  The Committee on Local Government at the request of the State Board of Elections

       FOR AN ACT ENTITLED, An Act   to revise the requirements for updating the master registration list.

     Was read the first time and referred to the Committee on Local Government.

     SB 36   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act   to permit the Public Utilities Commission to measure grain at the request of the operator of a public grain warehouse.

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


     SB 37   Introduced by:  The Committee on State Affairs at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act   to update references to certain federal regulations regarding the pipeline safety inspection program.

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

     SB 38   Introduced by:  The Committee on Appropriations at the request of the Department of Environment and Natural Resources

       FOR AN ACT ENTITLED, An Act   to repeal certain provisions regarding the transfer of funds from the regulated substance response fund and to make an appropriation to the fund.

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

     SB 39   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Environment and Natural Resources

       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding safe drinking water to comply with the revised requirements of the federal Safe Drinking Water Act.

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

     SB 40   Introduced by:  The Committee on Transportation at the request of the Department of Game, Fish, and Parks

       FOR AN ACT ENTITLED, An Act   to establish certain prohibitions on use of temporary thirty-day snowmobile license permits and to provide for a penalty thereof.

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

     SB 41   Introduced by:  The Committee on Judiciary at the request of the Department of Game, Fish, and Parks

       FOR AN ACT ENTITLED, An Act   to revise and repeal certain provisions requiring court appearances for violations of game, fish and parks statutes.

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

     SB 42   Introduced by:  The Committee on State Affairs at the request of the Department of Game, Fish, and Parks



       FOR AN ACT ENTITLED, An Act   to designate certain areas within the state park system which the Game, Fish and Parks Commission may require a park license and to declare an emergency.

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

     SB 43   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act   to remove certain licensing exemptions regarding money lenders and mortgage lenders.

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

     SB 44   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act   to allow collection of delinquent installments to be provided for in the installment loan contract.

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

     SB 45   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the notice of meetings of the State Board of Funeral Service.

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

     SB 46   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act   to revise certain requirements for membership and payment of fees to the South Dakota Pharmacy Association, to transfer certain fees to the South Dakota Board of Pharmacy, and to increase a penalty.

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

     SB 47   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation


       FOR AN ACT ENTITLED, An Act   to revise the renewal fees for physicians, physician assistants, physical therapists, physical therapist assistants, medical corporations, and physician assistant corporations.

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

     SB 48   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act   to include viatical settlements in the definition of securities under the Uniform Securities Act and to provide an exemption from registration for viatical settlements issued by certain companies.

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

     SB 49   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act   to repeal the subsequent injury fund.

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

     SB 50   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act   to establish standards for the advertisement, solicitation, and sale of life and health insurance.

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

     SB 51   Introduced by:  The Committee on Transportation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act   to apply certain uniform tax administration procedure hearings to the regulation of vehicle dealers.

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

     SB 52   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services


       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the costs and expenses incurred in the apprehension, transportation, evaluation, and commitment of out-of- state residents alleged to be mentally ill and in need of emergency intervention.

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

     SB 53   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the apprehension and transportation of a person believed to require emergency intervention.

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

     SB 54   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the review of necessity of treatment for court-ordered administration of psychotropic medication.

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

     SB 55   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the costs of care and treatment and calculation thereof for persons receiving treatment from the Human Services Center.

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

     SB 56   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act   to revise the definition of a qualified mental health professional.

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

     SB 57   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services


       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the definition of an accredited prevention or treatment facility for alcohol and drug abuse.

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

     SB 58   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act   to repeal certain provisions regarding holiday compensation and vacation and sick leave of sheltered workshop employees of the Division of Service to the Blind and Visually Impaired.

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

     SB 59   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act   to authorize the examination and use of commercial vehicle weigh scale tickets in the enforcement of vehicle weight restrictions.

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

     SB 60   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act   to establish certain criteria for the state trunk highway system.

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

     SB 61   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding access to the state trunk highway system.

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

     SB 62   Introduced by:  The Committee on Judiciary at the request of the Bureau of Information and Telecommunications

       FOR AN ACT ENTITLED, An Act   to limit the liability of state and local government agencies and their employees for year 2000 litigation.



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

     SB 63   Introduced by:  The Committee on Judiciary at the request of the Bureau of Information and Telecommunications

       FOR AN ACT ENTITLED, An Act   to provide for the use and acceptance of electronic signatures.

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

     SB 64   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act   to revise, repeal, and reenact certain provisions pertaining to persons with developmental disabilities.

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

     SB 65   Introduced by:  Senator Everist and Representative Putnam

       FOR AN ACT ENTITLED, An Act   to codify the legislation passed in 1998.

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

     Sen. Albers moved that the Senate do now adjourn, which motion prevailed, and at 12:50 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary