Joint Journal 01/28/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

THIRTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 28, 1999

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

     The prayer was offered by the Chaplain, Pastor Edwin Brown, followed by the Pledge of Allegiance led by Senate page Anna Kerner.

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

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 twelfth 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.

COMMUNICATIONS AND PETITIONS

January 15, 1999

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

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 33-1-10.1 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Ronald W. Mielke, Minnehaha County, Sioux Falls, South Dakota, as Assistant Adjutant General, Air.

This appointment is effective August 1, 1999, and shall continue until July 31, 2000.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 35 and 67 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 16, 17, and 18 were delivered to his Excellency, the Governor, for his approval at 2:12 p.m., January 28, 1999.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 137 and HB 1024, 1044, 1046, 1047, 1049, and 1050 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Dennis Daugaard, Vice-Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 27 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 127 and returns the same with the recommendation that said bill be amended as follows:

c-127

On page 1 , line 5 of the printed bill , overstrike " Division of Education " and insert " Department of Education and Cultural Affairs " .

On page 1 , line 8 , overstrike " division " and insert " department " .

On page 1 , line 13 , overstrike " Division of Education " and insert " Department of Education and Cultural Affairs " .

On page 2 , line 2 , overstrike " Division of Education " and insert " Department of Education and Cultural Affairs " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 96 which was deferred to the 41st legislative day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1055 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 81 and returns the same with the recommendation that said bill be amended as follows:

o-81

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

"Section 2. The effective date of this Act is January 1, 2000.

And that as so amended said bill do pass.

Respectfully submitted,
David Munson, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1041 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 Agriculture & Natural Resources respectfully reports that it has had under consideration SB 5 and returns the same with the recommendation that said bill be amended as follows:

t-5

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

" Section 1. That chapter 1-16G be amended by adding thereto a NEW SECTION to read as follows:

There is created within the revolving economic development and initiative fund created in § 1-16G-3 the value added agriculture subfund. The purpose of the subfund created by this section is to make grants or loans for agricultural development, feasibility studies, or marketing.

Section 2. That chapter 1-16G be amended by adding thereto a NEW SECTION to read as follows:

The Board of Economic Development shall designate three million dollars of the money in the revolving economic development and initiative fund for the purposes of the value added agriculture subfund.

Section 3. That § 10-47B-119 be amended to read as follows:

10-47B-119. Any motor fuel consumer may apply for and obtain a refund of fuel taxes imposed and paid to this state, for motor fuel purchased and used by the consumer in motor vehicles, recreation vehicles, and farm equipment used for nonhighway agricultural purposes; or used in vehicles or equipment for nonhighway commercial uses. The portion of this refund attributed to nonhighway use of motor vehicles shall be calculated by multiplying the motor vehicle's average miles per gallon during the claim period times the number of nonhighway miles the vehicle was operated. The average miles per gallon and nonhighway miles shall be supported by actual individual vehicle fuel disbursement records and odometer readings. The portion of this refund attributed to nonhighway machinery and equipment shall be supported by individual vehicle fuel disbursement records. Three cents per gallon of each tax refund shall be deposited in the value added agriculture subfund created in section 1 of this Act. For the purposes of this section, the refund applies to any purchases of motor fuel made after July 1, 1999.

Section 4. That chapter 1-16G be amended by adding thereto a NEW SECTION to read as follows:

The Board of Economic Development shall administer the value added agriculture subfund, and make grants or loans from the value added agriculture subfund. The value added agriculture subfund shall be used to develop and promote value added agriculture in South Dakota including the initial or subsequent production, use, or processing of any form of agricultural commodity, product, or by-product in this state. For projects which involve a separate agricultural research component, the Board of Economic Development shall consult with the research services of South Dakota State University.

Section 5. That chapter 1-16G be amended by adding thereto a NEW SECTION to read as follows:

In connection with the administration of the value added agriculture subfund, the Board of Economic Development may, pursuant to chapter 1-26, adopt such rules as it deems necessary to implement the purposes of this Act, including:

(1) Setting the application procedures for those who apply for loans or grants from the value added agriculture subfund;

(2) Establishing criteria to determine which applicants will receive such loans or grants;

(3) Governing the use of proceeds of such loans or grants;

(4) Establishing criteria for the terms and conditions upon which such loans or grants shall be made, including the terms of security given, if any, to secure such loans; and

(5) Governing the use of proceeds by lenders of funds advanced to the lenders by the board including the terms and conditions upon which the proceeds shall be loaned to borrowers for the purposes described in this Act.

Section 6. That § 1-16G-24 be amended to read as follows:

1-16G-24. Earnings on the revolving economic development and initiative fund and the value added agriculture subfund may be used for the administrative costs of the Division of Finance of the Governor's Office of Economic Development. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development. Eligible expenses may not exceed total interest earnings during the previous fiscal year prior to the deduction of loan losses for the same fiscal year. "

t-5t

On page 1 , line 1 of the printed bill , delete " fund " and insert " subfund " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill be amended as follows:

t-95

On page 2 , delete lines 11 and 12 of the printed bill , and insert:

" Section 4. A packer shall, at the end of each day during which livestock are purchased or contracted, provide to the United States Department of Agriculture, agricultural market service livestock market news branch and the South Dakota Department of Agriculture, all prices paid for livestock, both contract and direct purchased, that day. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill be amended as follows:

t-115

On page 1 , line 16 of the printed bill , delete " August " and insert " November " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 129 and returns the same with the recommendation that said bill be referred to the Committee on Taxation.

Respectfully submitted,
Jim Dunn, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 35 and 67 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1025, 1033, 1053, 1074, 1079, 1081, 1085, and 1088 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Local Government on SB 92 as found on page 208 of the Senate Journal; also

     Health and Human Services on SB 55 as found on page 204 of the Senate Journal; also

     Health and Human Services on SB 64 as found on page 205 of the Senate Journal; also

     Judiciary on SB 126 as found on page 209 of the Senate Journal; also

     Judiciary on SB 128 as found on page 209 of the Senate Journal; also

     Taxation on SB 111 as found on page 209 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 188 Introduced by: Senators Lange, Drake, Moore, Staggers, and Valandra and Representatives Koetzle, Hagen, Haley, Jaspers, Kooistra, Lucas, Solum, Weber, and Wilson

     FOR AN ACT ENTITLED, An Act to limit the application of capital punishment.

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

     SB 189 Introduced by: Senators Moore and Lange and Representatives Napoli, Crisp, Cutler, and Haley

     FOR AN ACT ENTITLED, An Act to provide for the assessment of property based on its acquisition value.

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

     SB 190 Introduced by: Senators Vitter, Albers, Daugaard, Ham, Lawler, and Madden and Representatives Hennies, Duniphan, and McCoy

     FOR AN ACT ENTITLED, An Act to prohibit certain sexual acts between certain jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.

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

     SB 191 Introduced by: Senators Lawler and Dennert and Representatives Waltman and Sutton (Duane)

     FOR AN ACT ENTITLED, An Act to designate kuchen as the official state dessert.

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

SB 192 Introduced by: Senator Shoener and Representative Diedrich (Larry)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the titling of damaged passenger motor vehicles.

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

     SB 193 Introduced by: Senators Hainje and Paisley and Representatives Brown (Richard), Peterson, and Richter

     FOR AN ACT ENTITLED, An Act to revise the school term.

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

     SB 194 Introduced by: Senators Flowers, Dennert, Drake, Hutmacher, Kloucek, and Symens and Representatives McNenny, Cerny, Chicoine, Fryslie, Jaspers, and Weber

     FOR AN ACT ENTITLED, An Act to provide certain restrictions for dealership contracts for agricultural equipment.

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

     SB 195 Introduced by: Senators Albers, Daugaard, Hainje, and Lawler and Representatives Peterson, Brown (Richard), and Patterson

     FOR AN ACT ENTITLED, An Act to require criminal record checks of certain school employees.

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

     SB 196 Introduced by: Senators Albers, Daugaard, Hainje, and Lawler and Representatives Peterson, Brown (Richard), and Patterson

     FOR AN ACT ENTITLED, An Act to require criminal record checks for teacher certification or recertification.

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

     SB 197 Introduced by: Senator Whiting and Representative Hennies

     FOR AN ACT ENTITLED, An Act to establish the crime of second degree vehicular battery and to provide penalties therefor.

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

SB 198 Introduced by: Senators Reedy, Bogue, Dunn (Rebecca), and Lawler and Representatives Fitzgerald, Chicoine, Davis, Engbrecht, Koskan, Lockner, Patterson, and Solum

FOR AN ACT ENTITLED, An Act to provide for the regulation of psychotherapists.

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

     SB 199 Introduced by: Senators Reedy, Drake, Lawler, and Vitter and Representatives Davis, Brown (Jarvis), Chicoine, and Engbrecht

     FOR AN ACT ENTITLED, An Act to create a classification for owner-operated commercial business property and to establish a maximum property tax levy for owner-operated commercial business property.

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

     SB 200 Introduced by: Senators Rounds and Brosz and Representatives Brown (Richard) and Hennies

     FOR AN ACT ENTITLED, An Act to increase the penalty for possessing certain drugs near schools and certain other youth-oriented facilities.

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

     SB 201 Introduced by: Senators Bogue, Albers, Benson, Dennert, Dunn (Rebecca), Duxbury, Flowers, Hainje, Ham, Hutmacher, Kloucek, Lange, Lawler, Madden, Moore, Olson, Reedy, and Shoener and Representatives Brown (Jarvis), Apa, Broderick, Crisp, Diedrich (Larry), Fiegen, Fitzgerald, Garnos, Hennies, Hunt, Klaudt, Lintz, McIntyre, McNenny, Monroe, Napoli, Pummel, Wetz, Wudel, and Young

     FOR AN ACT ENTITLED, An Act to exempt certain transfers of property used exclusively for agricultural purposes from the inheritance tax.

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

     SB 202 Introduced by: Senator Bogue and Representative Wetz

     FOR AN ACT ENTITLED, An Act to revise the venue provisions relating to administrative appeals.

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

SB 203 Introduced by: Senator Everist and Representatives Michels and Wilson

FOR AN ACT ENTITLED, An Act to enact the Uniform Prudent Investor Act.

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

     SB 204 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Governor

     FOR AN ACT ENTITLED, An Act to provide that violations of general permits for water pollution control are subject to certain penalties.

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

     SJR 4 Introduced by: Senators Brown (Arnold), Albers, Brosz, Daugaard, Dennert, Dunn (Jim), Duxbury, Everist, Flowers, Hainje, Halverson, Ham, Lange, Madden, Moore, Paisley, Rounds, Shoener, Vitter, and Whiting and Representatives Solum, Crisp, Davis, Diedrich (Larry), Duenwald, Fitzgerald, Hennies, Hunt, Jaspers, Lockner, Lucas, Smidt, and Weber

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and legislative term limits.

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

     SJR 5 Introduced by: Senators Moore and Lange and Representatives Napoli, Crisp, Cutler, Haley, Michels, and Waltman

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XI, section 2 of the Constitution of the State of South Dakota, relating to the method used to assess the value of property.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Staggers requested that HB 1028 be removed from the Consent Calendar.

SB 76: FOR AN ACT ENTITLED, An Act to constitute corporate acknowledgment as prima facie evidence of authority to execute certain documents.

Was read the second time.

The question being "Shall SB 76 pass?"

     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; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Shoener

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 112: FOR AN ACT ENTITLED, An Act to allow municipalities operating under the commissioner form of government to determine the frequency of their meetings.

Was read the second time.

     The question being "Shall SB 112 pass?"

     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; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Shoener

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 114: FOR AN ACT ENTITLED, An Act to provide for the termination of the decedent's interest in the joint tenancy of a surviving spouse by an interested party under certain circumstances.

Was read the second time.

The question being "Shall SB 114 pass?"

Excused were:
Shoener

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 1016: FOR AN ACT ENTITLED, An Act to revise the procedure for school district elections involving tie votes or request for recount.

Was read the second time.

     The question being "Shall HB 1016 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; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Shoener

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 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 second time.

The question being "Shall HB 1017 pass?"

Excused were:
Shoener

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 1029: FOR AN ACT ENTITLED, An Act to repeal the definition for a rural primary care hospital and to provide for a definition of a critical access hospital.

Was read the second time.

     The question being "Shall HB 1029 pass?"

     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; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Shoener

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.

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

MOTIONS AND RESOLUTIONS

Sen. Whiting moved that SB 138 be referred from the Committee on Judiciary to the Committee on Health and Human Services.

Which motion prevailed and the bill was so referred.

Sen. Whiting moved that SB 139 be referred from the Committee on Judiciary to the Committee on State Affairs.

Which motion prevailed and the bill was so referred.

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.

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

Sen. David Munson moved that SB 60 be referred to the Committee on Transportation.

Which motion prevailed and the bill was so referred.

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

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

o-93

Sen. Frederick moved that SB 93 be amended as follows:

On page 1 , line 7 of the printed bill , overstrike " may not " .

On page 1 , line 8 , overstrike " exceed the speed of " .

On page 1 , line 8 , delete " fifty " .

On page 1 , line 8 , overstrike " miles per hour and " .

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 93 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent and Not Voting 0

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

Nays were:
Dunn (Rebecca); Everist; Hainje; Lawler

Excused were:
Shoener

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 3: 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 second time.

     The question being "Shall SB 3 pass as amended?"

     And the roll being called:

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

     Yeas were:
Brosz; Brown (Arnold); Dunn (Rebecca); Duxbury; Everist; Ham; Hutmacher; Lange; Lawler; Madden; Reedy; Rounds; Valandra

Nays were:
Albers; Benson; Bogue; Daugaard; Dennert; Drake; Dunn (Jim); Flowers; Frederick; Hainje; Halverson; Kleven; Kloucek; Moore; Munson (David); Olson; Paisley; Staggers; Symens; Vitter; Whiting

Excused were:
Shoener

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

SB 23: FOR AN ACT ENTITLED, An Act to require children receiving alternative instruction to take an achievement test to assess writing skills.

Was read the second time.

     The question being "Shall SB 23 pass as amended?"

     And the roll being called:

     Yeas 9, Nays 25, Excused 1, Absent and Not Voting 0

     Yeas were:
Brosz; Dunn (Rebecca); Everist; Ham; Hutmacher; Munson (David); Paisley; Reedy; Valandra

Nays were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury; Flowers; Frederick; Hainje; Halverson; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Olson; Rounds; Staggers; Symens; Vitter; Whiting

Excused were:
Shoener

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

SB 25: 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 second time.

     The question being "Shall SB 25 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent and Not Voting 0

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

Nays were:
Bogue; Everist; Madden; Moore; Staggers

Excused were:
Shoener; Valandra

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 68: FOR AN ACT ENTITLED, An Act to increase the fees the sheriff is allowed for collecting taxes.

Was read the second time.

     The question being "Shall SB 68 pass?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent and Not Voting 0

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

Nays were:
Dunn (Rebecca); Kleven; Kloucek; Staggers

Excused were:
Brosz; Shoener

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 97: FOR AN ACT ENTITLED, An Act to extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

Was read the second time.

     The question being "Shall SB 97 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Bogue; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca); Duxbury; Hainje; Halverson; Ham; Kleven; Lawler; Paisley; Reedy; Staggers; Vitter; Whiting

Nays were:
Benson; Brosz; Dennert; Drake; Everist; Flowers; Frederick; Hutmacher; Kloucek; Lange; Madden; Moore; Munson (David); Olson; Rounds; Symens; Valandra

Excused were:
Shoener

The Senators being equally divided, the President voted Yea.

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 110: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the electronic filing of tax returns and tax payments.

Was read the second time.

Sen. Paisley moved that SB 110 be deferred until Friday, January 29, the 14th legislative day.

Which motion prevailed and the bill was so deferred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1025: FOR AN ACT ENTITLED, An Act to revise confidentiality provisions regarding Department of Social Services record information concerning abuse or neglect resulting in the fatality or near fatality of a child.

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

HB 1033: FOR AN ACT ENTITLED, An Act to increase estimated cost for certain construction projects and to declare an emergency.

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

HB 1053: FOR AN ACT ENTITLED, An Act to revise the open container law.

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

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions related to enrollment and attendance by secondary school students in postsecondary courses.

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

HB 1079: FOR AN ACT ENTITLED, An Act to make an appropriation for the acquisition of Census 2000 redistricting data and to declare an emergency.

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

HB 1081: FOR AN ACT ENTITLED, An Act to permit certain municipal officials to serve in volunteer, unsalaried municipal positions.

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

HB 1085: FOR AN ACT ENTITLED, An Act to allow certain persons on a county board of mental illness to serve more than two terms if appointed in the middle of a term.

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

HB 1088: FOR AN ACT ENTITLED, An Act to revise the requirements to determine if a building shall be connected to a public water system or public wastewater collection system.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1018: FOR AN ACT ENTITLED, An Act to allow the precinct superintendent to assign duties to the members of an election board and to consolidate the position of judge and clerk.

Was read the second time.

     The question being "Shall HB 1018 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Kloucek

Excused were:
Shoener

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

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

     HB 1034: FOR AN ACT ENTITLED, An Act to exempt the purchasing of natural gas from certain competitive bid requirements.

     And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 5 Introduced by: Senators Vitter, 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, and Whiting

A LEGISLATIVE COMMEMORATION, Commending and honoring Ted E. Hustead, founder of Wall Drug, for his contributions to the South Dakota tourism industry.

WHEREAS, Ted E. Hustead showed consistent dedication to tourism, in building one of the great landmarks in the State of South Dakota; and

WHEREAS, Mr. Hustead brought global recognition to South Dakota and the community of Wall by offering free ice water to all who stopped by; and

WHEREAS, Ted Hustead gave generously and selflessly to his community and state by working for the good of the people:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that Ted E. Hustead be honored and remembered for his outstanding achievements in tourism and public service.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 29, the 14th legislative day legislative day.

Which motion prevailed.

Sen. Rounds moved that the Senate do now adjourn, which motion prevailed, and at 4:20 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary