Joint Journal 01/27/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 27, 1999

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

     The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of Allegiance led by Senate page Justin Stephens.

     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 eleventh 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 Legislative Procedure respectfully reports that SB 37 was delivered to his Excellency, the Governor, for his approval at 10:51 a.m., January 27, 1999.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 16, 17, and 18 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 2 and SB 108 which were deferred to the 41st legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1028 and 1029 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 16 of the printed bill , overstrike " charge " and insert " amount " .

On page 2 , line 1 , overstrike " to be charged " .

On page 2 , line 3 , overstrike " charge " and insert " amount " .

On page 2 , line 7 , overstrike " charge " and insert " amount " .

On page 2 , line 8 , overstrike " to be charged " .

On page 2 , line 11 , overstrike " charge " and insert " amount " .

On page 3 , line 3 , delete " is indigent or " .

On page 3 , line 4 , delete everything after " considerations, " and insert " the patient's account shall be assessed to the state. "

On page 3 , delete line 5 .

On page 3 , line 14 , overstrike " the individual charges for " .

On page 3 , line 16 , overstrike " charges " and insert " amount " .

On page 3 , line 18 , overstrike " charges " and insert " amount " .

On page 3 , line 19 , delete " is indigent " .

On page 3 , line 22 , overstrike " charges " and insert " amount is " .

On page 3 , line 23 , overstrike " are " .

On page 3 , line 23 , overstrike " charges " and insert " amount " .

On page 4 , line 1 , overstrike " charges are " and insert " amount is " .

On page 4 , line 12 , overstrike " charge " and insert " amount " .

On page 4 , line 17 , overstrike " charges are " and insert " amount is " .

On page 5 , line 3 , overstrike " charge " and insert " amount " .

And that as so amended said bill do pass.

Also PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill be amended as follows:

On page 7 , delete lines 24 and 25 of the printed bill .

On page 8 , delete line 1 .

On page 8 , line 2 , delete " (2) " and insert " (1) " .

On page 8 , line 6 , delete " (3) " and insert " (2) " .

On page 8 , line 9 , delete " (4) " and insert " (3) " .

On page 8 , line 15 , delete " (5) " and insert " (4) " .

On page 8 , line 19 , delete " (6) " and insert " (5) " .

On page 8 , line 20 , delete " (7) " and insert " (6) " .

On page 8 , line 20 , delete " an adjustment " and insert " a community service provider " .

On page 8 , line 21 , delete " training center " .

On page 8 , line 22 , delete " (8) " and insert " (7) " .

On page 8 , line 23 , delete " (9) " and insert " (8) " .

On page 9 , line 2 , delete " (10) " and insert " (9) " .

On page 9 , line 6 , delete " (11) " and insert " (10) " .

On page 9 , line 11 , delete " (12) " and insert " (11) " .

On page 9 , line 15 , delete " (13) " and insert " (12) " .

On page 14 , line 22 , delete " adjustment training centers " and insert " community service providers " .

On page 32 , line 9 , delete " developmental disability services " and insert " service providers " .

On page 48 , line 24 , delete " admitted to a community service provider " and insert " detained " .

On page 49 , line 13 , after " Services " insert " , with the approval of the provider, " .

On page 63 , line 24 , after " has " insert " the right to " .

On page 69 , delete lines 15 to 20 , inclusive .

On page 69 , line 23 , delete " from an adjustment training " .

On page 69 , line 24 , delete " center or facility " .

On page 70 , delete lines 8 to 16 , inclusive .

On page 70 , delete line 19 .

On page 70 , line 20 , delete everything before " All " .

On page 70 , line 22 , delete " outside the adjustment training center or facility " .

On page 70 , line 23 , delete " 234 to 236 " and insert " 232 to 234 " .

On page 71 , line 1 , delete " adjustment training center " and insert " community service provider " .

On page 71 , line 5 , delete " adjustment training center " and insert " community service provider " .

On page 71 , line 20 , delete " from an adjustment " .

On page 71 , line 21 , delete " training center or facility " .

On page 72 , delete lines 2 to 6 , inclusive .

On page 72 , line 9 , delete " at an adjustment training center or facility " .

On page 72 , line 15 , delete " 237 " and insert " 235 " .

On page 72 , line 16 , delete " 237 " and insert " 235 " .

On page 72 , line 20 , delete " at an adjustment training center or facility " .

On page 73 , line 10 , delete " 237 " and insert " 235 " .

On page 73 , line 15 , delete " At an adjustment training center or facility, time " and insert " Time " .

And that as so amended said bill do pass.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1018 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 112 and HB 1016 and 1017 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 92 and returns the same with the recommendation that said bill be amended as follows:

On page 4 , line 12 of the printed bill , delete " 22 " and insert " 21 " .

On page 5 , delete lines 13 to 19 , inclusive .

On page 7 , line 17 , delete " 29 and 30 " and insert " 28 and 29 " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 105 which was deferred to the 41st legislative day.

Respectfully submitted,
Arlene Ham, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 97 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 114 and 76 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 126 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , after " is " insert " not a public record and is " .

On page 1 , line 7 , delete " except as " and insert " . "

On page 1 , delete line 8 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 128 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , after line 8 of the printed bill , insert:

" Section 3. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as follows:

A juvenile correctional facility pursuant to this Act is a juvenile detention facility as defined in subdivision 26-7A-1(16) or a juvenile facility operated by the Department of Corrections under § 1-15-1.4. "

And that as so amended said bill do pass.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 110 and 68 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 111 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of chapter 10-45, gross receipts of a professional employer organization includes only those amounts received as administrative fees from a client company, whether on a fee-for-service basis or as a percentage of total receipts from the client company. The gross receipts do not include any other amount paid by the client company to the professional employer organization for the benefit of any employee, including wages, salaries, payroll taxes, payroll deductions, workers compensation costs, insurance premiums, welfare benefits, and retirement benefits.

Section 2. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of section 1 of this Act, the term, professional employer organization, means a firm which:

(1) Creates a co-employer relationship with the employees of a client company by assuming responsibility for payroll, benefits, and other human resources functions;

(2) Covers at least seventy-five percent of the client company's full-time or full-time equivalent employees; and

(3) Maintains separate books and records of account for each client company.

Section 3. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act do not apply to the providing of temporary help services or to any other arrangement whereby a firm temporarily assigns employees of the firm to support or supplement a client company's regular work force in special situations such as employee absences, temporary skill shortages, seasonal workloads and special assignments, or projects. "

And that as so amended said bill do pass.

Respectfully submitted,
Keith Paisley, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 16, 17, and 18 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1003, 1040, and 1071 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 6 Introduced by: Senators Rounds, Albers, Bogue, Brown (Arnold), and Olson and Representatives Garnos, Duenwald, Engbrecht, Monroe, and Wetz

A CONCURRENT RESOLUTION, Instructing the Board of Trustees of the South Dakota Retirement System to study the possibility of raising rates of contribution.

WHEREAS, the provisions of § 3-12-71 set equal employee and employer contribution rates to the South Dakota Retirement System of five percent for Class A members, eight percent for Class B, public safety members, and nine percent for Class B, judicial members; and

WHEREAS, contribution rates for Class A members have remained unchanged since 1974, contribution rates for Class B, public safety members have remained unchanged since 1977, and contribution rates for Class B, judicial members have remained unchanged since 1989; and

WHEREAS, in recent years the South Dakota Retirement System has proven to be sound and has increased benefits for its members repeatedly; and

WHEREAS, the board of trustees is the governing authority of the South Dakota Retirement System by statute:

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 Board of Trustees of the South Dakota Retirement System be directed to study the possibility of raising the rates of contribution for employees and employers, focusing on pros and cons to the system and to the members, recommendations for implementation, possible benefit changes, and whether such an increase should be mandatory or voluntary; and

BE IT FURTHER RESOLVED, that the Board of Trustees report its findings to the Executive Board of the Legislative Research Council before the Seventy-fifth Session of the South Dakota Legislature convenes.

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

HCR 1002: A CONCURRENT RESOLUTION, Endorsing and supporting international freedom from persecution for religious beliefs.

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

Sen. Shoener moved that SB 49 be referred to the Committee on Commerce.

Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on SB 23 as found on page 190 of the Senate Journal; also

     Education on SB 3 as found on page 191 of the Senate Journal; also

     Appropriations on SB 25 as found on page 188 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 157 Introduced by: Senators Drake, Benson, Dennert, Frederick, Hainje, Kleven, and Staggers and Representatives Jaspers, Klaudt, Putnam, Sutton (Daniel), and Wudel

FOR AN ACT ENTITLED, An Act to transfer administration of certain dams from the Department of School and Public Lands to the Department of Game, Fish and Parks.

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

     SB 158 Introduced by: Senators Symens, Brown (Arnold), Lange, Lawler, and Reedy and Representatives Crisp, Chicoine, Diedrich (Larry), Haley, Jaspers, Kazmerzak, Koskan, Lucas, and McNenny

     FOR AN ACT ENTITLED, An Act to appropriate money for the South Dakota Agriculture and Rural Leadership program.

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

     SB 159 Introduced by: Senators Benson, Bogue, Dennert, Drake, Kleven, Kloucek, and Vitter and Representatives Cerny, Kazmerzak, and Koskan

     FOR AN ACT ENTITLED, An Act to require railroads to build and maintain fences on newly acquired right-of-ways.

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

     SB 160 Introduced by: Senators Staggers, Benson, Brown (Arnold), Dennert, Dunn (Rebecca), Flowers, Kleven, Lange, Madden, and Reedy and Representatives Monroe, Chicoine, Davis, Duenwald, Fischer-Clemens, Fryslie, Garnos, Hagen, Hanson, Juhnke, Klaudt, Lockner, McIntyre, Michels, Nachtigal, Pummel, Slaughter, Waltman, and Windhorst

     FOR AN ACT ENTITLED, An Act to provide an index factor to adjust the value of certain inheritance tax exemptions.

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

     SB 161 Introduced by: Senators Daugaard, Brosz, Duxbury, Flowers, Halverson, Hutmacher, Paisley, Shoener, and Symens and Representatives Cutler, Apa, Brown (Richard), Duenwald, Fiegen, Haley, Jaspers, Koskan, McNenny, Napoli, Peterson, Waltman, and Wilson

     FOR AN ACT ENTITLED, An Act to classify certain manufactured homes as real property for property tax purposes, to establish a procedure for bringing taxes current and issuing certain permits, and to establish certain penalties.

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

SB 162 Introduced by: Senators Everist, Halverson, and Rounds and Representatives Michels, Cutler, and Hunt

FOR AN ACT ENTITLED, An Act to increase the penalty for second convictions for criminal pedophilia.

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

     SB 163 Introduced by: Senator Kloucek and Representative Lockner

     FOR AN ACT ENTITLED, An Act to appropriate a certain portion of the state's sales and use tax revenue to second and third class municipalities.

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

     SB 164 Introduced by: Senators Kloucek and Lange and Representatives Chicoine, Hanson, Kazmerzak, Lockner, Lucas, and Nachtigal

     FOR AN ACT ENTITLED, An Act to provide emergency payments for certain pork producers through a temporary fee on processed pork products, to make an appropriation therefor, and to declare an emergency.

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

     SB 165 Introduced by: Senators Kloucek, Hutmacher, Lange, Moore, and Reedy and Representatives Kazmerzak, Lockner, Nachtigal, and Weber

     FOR AN ACT ENTITLED, An Act to prohibit the assessment of a technology fee in the sale of certain seed and to provide a penalty therefor.

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

     SB 166 Introduced by: Senators Moore, Hutmacher, and Kloucek and Representatives Hagen, Cerny, Crisp, and Kooistra

     FOR AN ACT ENTITLED, An Act to require continuing care retirement communities to be bonded.

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

     SB 167 Introduced by: Senators Staggers, Albers, Benson, Brown (Arnold), Drake, Madden, and Shoener and Representatives Windhorst, Klaudt, Monroe, and Slaughter

     FOR AN ACT ENTITLED, An Act to limit the liability resulting from the sale of firearms.

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

     SB 168 Introduced by: Senators Staggers, Albers, Benson, Brown (Arnold), Drake, and Madden and Representatives Windhorst, Klaudt, Monroe, and Slaughter

     FOR AN ACT ENTITLED, An Act to prohibit the state and its political subdivisions from bringing or joining any class action lawsuit against firearms manufacturers and retailers.

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

     SB 169 Introduced by: Senators Staggers, Albers, Drake, Flowers, Lange, Madden, and Shoener and Representatives McCoy, Clark, Napoli, Peterson, and Slaughter

     FOR AN ACT ENTITLED, An Act to authorize certain doctoral graduates to teach without teaching certificates.

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

     SB 170 Introduced by: Senators Kloucek, Dunn (Rebecca), Duxbury, Flowers, Hutmacher, Lange, Moore, and Reedy and Representatives Chicoine, Fischer-Clemens, Haley, and Lockner

     FOR AN ACT ENTITLED, An Act to ensure that enrollees receive health care services under certain managed care systems.

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

     SB 171 Introduced by: Senators Dunn (Rebecca), Duxbury, Hutmacher, Kloucek, Lange, Lawler, Reedy, and Symens and Representatives Volesky, Apa, Brown (Jarvis), Diedtrich (Elmer), Duniphan, Engbrecht, Hennies, Koskan, McIntyre, Patterson, Richter, and Sutton (Daniel)

     FOR AN ACT ENTITLED, An Act to require the suspension of driving privileges in connection with certain acts of vandalism.

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

     SB 172 Introduced by: Senators Vitter, Drake, Flowers, Hutmacher, and Rounds and Representatives Wetz, Cutler, Diedrich (Larry), Sutton (Duane), and Volesky

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclosure of damage on motor vehicles.

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

     SB 173 Introduced by: Senators Albers, Shoener, and Vitter and Representatives Apa and Diedrich (Larry)

     FOR AN ACT ENTITLED, An Act to limit the number of court-appointed attorneys for an indigent person in certain proceedings after judgment and conviction.

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

     SB 174 Introduced by: Senators Albers and Ham and Representative Koskan

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the qualifications of a candidate for election to the office of county sheriff.

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

     SB 175 Introduced by: Senators Whiting, Moore, and Shoener and Representatives Broderick, Apa, Crisp, Fiegen, Fischer-Clemens, and Monroe

     FOR AN ACT ENTITLED, An Act to establish a uniform fee for filing or indexing instruments with the register of deeds office and eliminate the fee for a satisfaction or termination of certain instruments.

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

     SB 176 Introduced by: Senator Whiting and Representative Jaspers

     FOR AN ACT ENTITLED, An Act to restrict the possession of firearms on certain off- road vehicles.

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

     SB 177 Introduced by: Senator Munson (David) and Representative Broderick

     FOR AN ACT ENTITLED, An Act to require the Department of Revenue to conduct a pilot program granting limited access to certain secured parties concerning liens and to provide rule making authority to implement the pilot program.

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

SB 178 Introduced by: Senator Dunn (Jim)

FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to nutritional programs for the elderly.

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

     SB 179 Introduced by: Senators Hutmacher, Brosz, Everist, Ham, Olson, Paisley, and Reedy and Representatives Hennies, Brooks, Brown (Richard), Davis, Earley, Eccarius, Fitzgerald, Juhnke, Kooistra, Lockner, Lucas, McCoy, and Michels

     FOR AN ACT ENTITLED, An Act to clarify the notification date requirements in the nonrenewal of certain teacher contracts.

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

     SB 180 Introduced by: Senators Symens, Hutmacher, Kloucek, and Olson and Representatives Crisp, Haley, Hanson, Lucas, and Weber

     FOR AN ACT ENTITLED, An Act to create a Bank of South Dakota and an advisory board of directors.

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

     SB 181 Introduced by: Senators Symens, Bogue, Brown (Arnold), Duxbury, Hutmacher, and Kleven and Representatives Crisp, Klaudt, Lintz, McNenny, Napoli, Wetz, and Wilson

     FOR AN ACT ENTITLED, An Act to direct the secretary of agriculture to pursue available remedies to halt the dumping of livestock or to seek the imposition of countervailing duties on live cattle imports from Canada and to make an appropriation therefor.

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

     SB 182 Introduced by: Senators Symens, Dunn (Rebecca), Duxbury, Hutmacher, and Olson and Representatives Haley, Diedrich (Larry), and McNenny

     FOR AN ACT ENTITLED, An Act to clarify certain duties and authority pertaining to the auditor-general and the Department of Legislative Audit.

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

SB 183 Introduced by: Senators Symens, Brown (Arnold), Frederick, Hutmacher, Kloucek, and Olson and Representatives Crisp, Cerny, Haley, Hanson, Jaspers, Lucas, and Weber

FOR AN ACT ENTITLED, An Act to establish a guaranty loan program for the restructuring of agricultural debt.

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

     SB 184 Introduced by: Senators Brosz and Brown (Arnold) and Representatives Solum, Cerny, Kazmerzak, and Pummel

     FOR AN ACT ENTITLED, An Act to revise the procedure for applying the index factor to the amount of revenue payable from taxes on real property within a taxing district.

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

     SB 185 Introduced by: Senators Moore, Hutmacher, Kloucek, and Olson and Representatives Haley, Brown (Jarvis), Cerny, Crisp, Fischer-Clemens, Kooistra, Michels, Volesky, and Waltman

     FOR AN ACT ENTITLED, An Act to establish the pork processing loan fund and to make an appropriation therefor.

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

     SB 186 Introduced by: Senators Everist and Halverson and Representatives Peterson, Brooks, Brown (Richard), Chicoine, Fiegen, and Solum

     FOR AN ACT ENTITLED, An Act to limit the liability of certain persons for year 2000 litigation.

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

     SB 187 Introduced by: Senators Benson, Dennert, Drake, and Olson and Representatives Cerny, Michels, and Nachtigal

     FOR AN ACT ENTITLED, An Act to enable certain counties to be included in or to withdraw from the livestock ownership inspection area.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 71: FOR AN ACT ENTITLED, An Act to require notice to landowners before entry on private lands for certain planning commission functions.

Was read the second time.

     The question being "Shall SB 71 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 77: 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 second time.

     The question being "Shall SB 77 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 91: 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 second time.

The question being "Shall SB 91 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.

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

Was read the second time.

     The question being "Shall HB 1031 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 60: FOR AN ACT ENTITLED, An Act to establish certain criteria for the state trunk highway system.

Was read the second time.

Sen. David Munson moved that SB 60 be deferred until Thursday, January 28, the 13th legislative day.

Which motion prevailed and the bill was so deferred.

SB 79: FOR AN ACT ENTITLED, An Act to revise the liability for misdemeanor violations of certain provisions concerning the illegal sale or distribution of tobacco products.

Was read the second time.

Sen. Albers moved that SB 79 be referred to the Committee on Judiciary.

Which motion prevailed and the bill was so referred.

SB 80: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the disposition of certain controlled weapons or firearms.

Was read the second time.

     The question being "Shall SB 80 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.

SB 88: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Was read the second time.

     The question being "Shall SB 88 pass?"

     And the roll being called:

     Yeas 34, Nays 1, 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; Symens; Valandra; Vitter; Whiting

Nays were:
Staggers

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.

SB 93: FOR AN ACT ENTITLED, An Act to revise certain exemptions relating to the hauling of agricultural products or livestock from farms.

Was read the second time.

Sen. Staggers moved that SB 93 be deferred until Thursday, January 28, the 13th legislative day.

Which motion prevailed and the bill was so deferred.

SB 109: FOR AN ACT ENTITLED, An Act to provide for the public announcement of capital punishment execution dates.

Was read the second time.

     The question being "Shall SB 109 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Dennert; Dunn (Jim); Flowers; Ham; Kleven; Lange; Madden; Moore; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Nays were:
Daugaard; Drake; Dunn (Rebecca); Duxbury; Everist; Frederick; Hainje; Halverson; Hutmacher; Kloucek; Lawler; Reedy

Excused were:
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 1003: FOR AN ACT ENTITLED, An Act to provide for the recovery of certain expenses in an action brought to court by any governmental subdivision relative to the assessment of property.

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

HB 1040: FOR AN ACT ENTITLED, An Act to repeal certain restrictions regarding the hunting of black bears, mountain lions, and wolves and to establish civil damages for the unlawful taking of mountain lions.

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

HB 1071: FOR AN ACT ENTITLED, An Act to revise the residency requirement for magistrate judges.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

Was read the second time.

     The question being "Shall HB 1030 pass?"

     And the roll being called:

     Yeas 30, Nays 5, Excused 0, Absent and Not Voting 0

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

Nays were:
Dunn (Rebecca); Kloucek; Moore; Reedy; 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.

SIGNING OF BILLS

The President publicly read the title to

     SB 16: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding receipts and reimbursement for inmate transports to the penitentiary.

     SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notification of victims of crime.

     SB 18: FOR AN ACT ENTITLED, An Act to allow an inmate to waive a noncompliance hearing with the Board of Pardons and Paroles.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 4 Introduced by: Senators Kloucek, Drake, Dunn (Rebecca), Duxbury, Flowers, Hutmacher, Lange, Lawler, Moore, Olson, Reedy, and Rounds and Representatives Putnam, Cerny, Chicoine, Engbrecht, Fischer-Clemens, Haley, Kazmerzak, Koetzle, Lockner, Lucas, Michels, Munson (Donald), Nachtigal, Sutton (Daniel), Volesky, Weber, and Wudel

A LEGISLATIVE COMMEMORATION, Recognizing and commending the 41st Annual Schmeckfest in Freeman, South Dakota.

WHEREAS, the 41st Annual Schmeckfest, hosted by the Freeman Academy Auxiliary, celebrates the rich cultural heritage, customs, and language that the German immigrants transplanted from their homeland to enrich their new home in South Dakota; and

WHEREAS, many cultural exhibits, including sausage-making, basket-weaving, arts and crafts booths, and antiques will be on display; and many delicious ethnic foods, including poppyseed, dried fruit, and cottage cheese delicacies will be served; and

WHEREAS, the Heritage Hall Museum Complex, including community artifacts and memorabilia and four historic buildings, will be open for the three-day celebration. The musical production for the 41st annual celebration is the popular Gilbert and Sullivan musical, "Pirates of Penzance:"

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that the Legislature commends the people of Freeman, South Dakota, and the surrounding area, for their outstanding traditional Schmeckfest Celebration and invites all South Dakotans to participate in the 41st Annual Schmeckfest on March 18, 19, and 20, 1999.

Sen. Hainje moved that the Senate do now adjourn, which motion prevailed, and at 3:05 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary