Joint Journal 01/21/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 21, 1999

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

     The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of Allegiance led by Senate page Tara Nolte.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

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

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

HAROLD HALVERSON, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , delete lines 4 and 5 of the printed bill , and insert " Section 1. "

On page 1 , line 7 , after " state " insert " that are subject to chapters 58-15, 58-16, 58-17, 58- 18, 58-18B, 58-37A, 58-38, 58-39, 58-40, and 58-41 " .

On page 1 , line 10 , delete everything after " state. "

On page 1 , delete lines 11 to 13 , inclusive .

On page 1 , line 14 , delete " nonguaranteed factors. "

On page 2 , delete lines 10 and 11 , and insert " Section 2. "

On page 3 , delete lines 12 and 13 , and insert " Section 3. "

On page 4 , delete lines 20 and 21 , and insert " Section 5. "

On page 5 , delete lines 6 and 7 , and insert " Section 6. "

On page 5 , line 8 , before " format " insert " general " .

On page 5 , after line 22 , insert:

" Nothing in this section prohibits an insurer from incorporating an outline of coverage into other solicitation and policy information documents if the required information is contained in the documents. "

On page 6 , line 4 , delete everything after " insurance " and insert " subject to this Act and shall be in addition to and in accordance with applicable laws of this state. The rules may include: " .

On page 6 , delete lines 5 to 7 , inclusive .

On page 7 , delete lines 6 and 7 , and insert " Section 8. "

On page 7 , delete lines 13 and 14 , and insert " Section 9. "

On page 7 , line 16 , delete " or " .

On page 7 , line 17 , delete " premium deposit " .

On page 7 , delete lines 23 and 24 , and insert " Section 10. "

On page 7 , line 25 , after " not " insert " materially " .

On page 8 , line 2 , after " capacity " delete " or " and insert " and " .

On page 8 , line 2 , after " to " insert " materially " .

On page 8 , line 3 , after " capacity " delete " or " and insert " and " .

On page 8 , line 3 , after " to " insert " materially " .

On page 8 , delete lines 7 and 8 , and insert " Section 11. "

On page 8 , line 16 , after " insurer " insert " pursuant to chapter 58-3 " .

On page 8 , delete lines 18 and 19 , and insert " Section 12. "

On page 8 , line 20 , delete " determines " and insert " has reason to believe " .

On page 8 , line 20 , after " capacity " delete " or " and insert " and " .

And that as so amended said bill do pass.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 60 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 40 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , after line 11 of the printed bill , insert:

" Section 2. That § 32-3A-10 be amended to read as follows:

32-3A-10. If a new or used boat is sold by a boat manufacturer or boat dealer, the boat manufacturer or boat dealer may provide a temporary tag permit to operate the boat in this state for thirty days after the date of sale of the boat or until the time the purchaser receives the licenses from the county treasurer, whichever occurs first. The temporary boat license tags shall be displayed as required by § 32-3A-5 and rules promulgated, pursuant to chapter 1-26, by the department. No dealer may use the permit upon any boat owned by the dealer or for any purpose other than for boats sold by the manufacturer or dealer. No person may renew the temporary thirty-day license permit nor change or alter the date or other information thereon. A violation of this section is a Class 1 misdemeanor. "

On page 1 , line 2 of the printed bill , after " snowmobile " insert " and boat " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 61 which was tabled.

Respectfully submitted,
David Munson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1017, 1023, 1030, 1031, 1044, 1046, 1055, and 1060 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1001: A CONCURRENT RESOLUTION, Declaring 1999 the Year of Agriculture.

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

SCR 1: A CONCURRENT RESOLUTION, Requesting the United States Congress to exempt agricultural commodities and products from economic sanctions.

    Was read the second time.

     Sen. Drake moved that SCR 1 as found on page 13 and amended on page 115 of the Senate Journal be adopted.

     The question being on Sen. Drake's motion that SCR 1 be adopted.

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; 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:
Dennert; Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on SB 2 as found on page 126 of the Senate Journal; also

     Judiciary on SB 28 as found on page 125 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 76 Introduced by: Senator Daugaard and Representative Fiegen

     FOR AN ACT ENTITLED, An Act to constitute corporate acknowledgment as prima facie evidence of authority to execute certain documents.

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

     SB 77 Introduced by: Senators Shoener, Albers, Daugaard, Lawler, Madden, and Vitter and Representatives Roe, Duniphan, and Hagen

     FOR AN ACT ENTITLED, An Act to revise the date when a third-party administrator of life or health insurance coverage is required to file an annual report.

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

     SB 78 Introduced by: Senator Lawler and Representative Jaspers

     FOR AN ACT ENTITLED, An Act to provide for the award of punitive damages in certain wrongful death cases.

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

     SB 79 Introduced by: Senators Albers, Ham, and Vitter and Representatives Weber and Engbrecht

     FOR AN ACT ENTITLED, An Act to revise the liability for misdemeanor violations of certain provisions concerning the illegal sale of distribution of tobacco products.

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

     SB 80 Introduced by: Senators Albers, Benson, Ham, Kleven, Staggers, and Vitter and Representatives Hennies, Engbrecht, and Weber

     FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the disposition of certain controlled weapons or firearms.

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

SB 81 Introduced by: Senators Madden, Albers, Flowers, Frederick, Hainje, Kleven, Lange, Lawler, Munson (David), Shoener, Symens, and Vitter and Representatives Duenwald,

Brooks, Diedrich (Larry), Fischer-Clemens, Hagen, Hennies, Konold, Koskan, Napoli, Peterson, and Pummel

FOR AN ACT ENTITLED, An Act to prohibit using a social security number for a driver's license number.

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

     SB 82 Introduced by: Senators Whiting, Brosz, and Brown (Arnold) and Representative Slaughter

     FOR AN ACT ENTITLED, An Act to criminalize the sponsorship of false political advertisements or campaign literature and to provide a penalty therefor.

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

     SB 83 Introduced by: Senators Staggers, Dennert, Dunn (Rebecca), Lange, Madden, and Reedy and Representatives McCoy, Apa, Davis, Fischer-Clemens, Klaudt, Kooistra, Napoli, Waltman, Weber, and Windhorst

     FOR AN ACT ENTITLED, An Act to exempt certain funeral services and expenses from sales and use tax.

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

     SB 84 Introduced by: Senators Staggers, Benson, Dennert, Flowers, Lange, Madden, and Reedy and Representatives Napoli, Apa, Duenwald, Kazmerzak, Klaudt, Kooistra, McCoy, Weber, and Windhorst

     FOR AN ACT ENTITLED, An Act to provide an index factor to adjust the value of certain motor vehicles that are exempt from motor vehicle excise tax.

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

     SB 85 Introduced by: Senator Staggers and Representatives Windhorst, Klaudt, and Weber

     FOR AN ACT ENTITLED, An Act to repeal the regulation of boat dealers.

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

SB 86 Introduced by: Senator Moore and Representatives Munson (Donald) and Michels

FOR AN ACT ENTITLED, An Act to nominate and elect the state's attorney in a nonpolitical election.

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

     SB 87 Introduced by: Senators Halverson, Brosz, Ham, and Olson and Representatives Diedrich (Larry), Hunt, and McNenny

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the annual property tax bill.

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

     SB 88 Introduced by: Senators Symens, Benson, Bogue, Dennert, Drake, Duxbury, Flowers, Frederick, Hainje, Kleven, Lange, Madden, Reedy, Valandra, and Vitter and Representatives Diedrich (Larry), Burg, Cerny, Chicoine, Crisp, Diedtrich (Elmer), Fitzgerald, Fryslie, Jaspers, Klaudt, McCoy, McNenny, Nachtigal, Pummel, Sutton (Daniel), Sutton (Duane), Waltman, Weber, and Wudel

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

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

     SB 89 Introduced by: Senators Hutmacher, Duxbury, Lange, Moore, and Reedy and Representatives Lucas, Burg, Fischer-Clemens, Hagen, Haley, Koetzle, McIntyre, Nachtigal, Patterson, and Waltman

     FOR AN ACT ENTITLED, An Act to appropriate money to the Black Hills Forest High School.

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

     SB 90 Introduced by: Senators Hutmacher, Ham, Reedy, and Vitter and Representatives Monroe, Crisp, Diedrich (Larry), Duniphan, Weber, and Young

     FOR AN ACT ENTITLED, An Act to allow the register of deeds to assist in the execution of United States passport applications.

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

SB 91 Introduced by: Senator Hutmacher and Representatives Koskan, Fischer-Clemens, and McNenny

FOR AN ACT ENTITLED, An Act to revise certain provisions governing the location of hunting authorized by landowner preference and limited big game licenses and permits.

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

     SB 92 Introduced by: Senators Ham, Brosz, Dunn (Rebecca), Hainje, Hutmacher, Kleven, Lawler, Munson (David), Shoener, Valandra, and Whiting and Representatives Derby, Haley, Hennies, Munson (Donald), Peterson, Solum, Volesky, and Wilson

     FOR AN ACT ENTITLED, An Act to authorize the formation of library districts and to authorize the levy of a tax to fund their operations.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 65: FOR AN ACT ENTITLED, An Act to codify the legislation passed in 1998.

Was read the second time.

     The question being "Shall SB 65 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 32: 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.

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

     The question being "Shall SB 32 pass as amended?"

     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; Valandra; Vitter; Whiting

Excused were:
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.

SB 1: FOR AN ACT ENTITLED, An Act to revise the procedure for the valuation of agricultural land.

Was read the second time.

Sen. Brosz moved that SB 1 be deferred until Monday, January 25, the 10th legislative day.

Which motion prevailed and the bill was so deferred.

SB 19: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning clemency applications.

Was read the second time.

     The question being "Shall SB 19 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; 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.

SB 30: FOR AN ACT ENTITLED, An Act to extend certain rights to victims of stalking.

Was read the second time.

     The question being "Shall SB 30 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; 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.

SB 31: FOR AN ACT ENTITLED, An Act to list Flunitrazepam and Gama Hydroxy Butyrate as Schedule III controlled substances.

Was read the second time.

     The question being "Shall SB 31 pass?"

     And the roll being called:

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

     Yeas were:
Albers; 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; Valandra; Vitter; Whiting

Nays were:
Benson

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

SB 66: FOR AN ACT ENTITLED, An Act to prohibit passengers in the unenclosed cargo area of certain vehicles unless certain conditions are met.

Was read the second time.

Sen. Vitter moved that SB 66 be deferred until Friday, January 22, the 9th legislative day.

Which motion lost.

Sen. Olson moved the previous question.

Which motion prevailed.

     The question being "Shall SB 66 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Brosz; Brown (Arnold); Dennert; Dunn (Rebecca); Duxbury; Everist; Hainje; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Olson; Reedy; Symens; Vitter

Nays were:
Benson; Bogue; Daugaard; Drake; Dunn (Jim); Flowers; Frederick; Halverson; Kloucek; Moore; Munson (David); Paisley; Rounds; Shoener; Staggers; 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. Staggers announced his intention to reconsider the vote by which SB 66 was passed.

SB 67: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to the equalization of tax assessments.

Was read the second time.

Sen. Lawler moved that SB 67 be amended as follows:

On page 1 , line 7 of the printed bill , overstrike " third " and insert " first " .

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 67 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; 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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1017: FOR AN ACT ENTITLED, An Act to revise the responsibility for supervising the arrangement on how the candidates' names are listed on the ballot.

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

HB 1023: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

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

HB 1030: FOR AN ACT ENTITLED, An Act to require state health inspections of school food services programs.

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

HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state aid to education.

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

HB 1044: FOR AN ACT ENTITLED, An Act to revise the date for the submission of certain continuing education reports by insurance agents.

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

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding installment transactions involving a motor vehicle.

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

HB 1055: FOR AN ACT ENTITLED, An Act to revise and remove certain segments of the state trunk highway system.

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

HB 1060: FOR AN ACT ENTITLED, An Act to revise the procedure for the valuation of agricultural land and to declare an emergency.

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

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 22, the 9th legislative day.

Which motion prevailed.

Sen. Rounds moved that the Senate do now recess for the Joint Memorial Service in the House Chamber, which motion prevailed, and at 3:00 p.m. the Senate recessed.

JOINT MEMORIAL SERVICE

The Senate reconvened at 3:30 p.m., the President presiding.

Sen. Olson moved that the Senate do now adjourn, which motion prevailed, and at 3:32 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary