Joint Journal 02/01/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 1, 1999

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

     The prayer was offered by the Chaplain, Vicar Patrick Kuhlman, followed by the Pledge of Allegiance led by Senate page Laura Jarding.

     Roll Call: All members present except Sens. Shoener and Symens who were 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 fourteenth 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 the Office of Engrossing and Enrolling has carefully compared SB 7, 9, 42, and 51 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has under consideration the nomination of Ronald W. Mielke of Minnehaha County, Sioux Falls, South Dakota, as the Assistant Adjutant General, Air, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 182 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , delete lines 14 to 21 of the printed bill , inclusive .

On page 3 , delete lines 17 to 22 , inclusive .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 147 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 69 which was tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 117 and 155 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 SB 74 which was deferred to the 41st legislative day.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 103 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 HB 1059 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Arlene Ham, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 150 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 202 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 Judiciary respectfully reports that it has had under consideration SB 162 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 10 of the printed bill , delete " minimum " .

On page 1 , line 10 , after " parole. " insert " However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. "

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 190 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , after line 9 of the printed bill , insert:

" Section 2. 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.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 165, 167, and 168 which were tabled.

Respectfully submitted,
Fred Whiting, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1089 and 1151 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 9 which has passed the House without change.

Respectfully,
KAREN GERDES, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on HB 1035 as found on page 248 of the Senate Journal; also

     State Affairs on HB 1036 as found on page 248 of the Senate Journal; also

     Commerce on SB 49 as found on page 249 of the Senate Journal; also

     Commerce on SB 75 as found on page 249 of the Senate Journal; also

     Taxation on SB 2 as found on page 250 of the Senate Journal; also

     Judiciary on SB 106 as found on page 251 of the Senate Journal; also

     Judiciary on SB 107 as found on page 251 of the Senate Journal; also

     Judiciary on SB 79 as found on page 251 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

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

MOTIONS AND RESOLUTIONS

     Sen. Dennert moved that the rules be suspended for the sole purpose of numbering and introducing a bill relating to revising certain provisions regarding audits by the Division of Securities.

     The question being on Sen. Dennert's motion that the rules be suspended for the sole purpose of numbering and introducing a bill relating to revising certain provisions regarding audits by the Division of Securities.

     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; 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; Valandra; Vitter; Whiting

Excused were:
Shoener; Symens

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 214 Introduced by: Senator Brown (Arnold) and Representative Diedrich (Larry)

     FOR AN ACT ENTITLED, An Act to provide for the liability of certain prisoners confined to jail for the costs of confinement and to provide a lien therefor.

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

     SB 215 Introduced by: Senators Lange and Staggers and Representatives Sutton (Daniel), Cerny, Chicoine, Fischer-Clemens, Hagen, Haley, Koetzle, Lucas, Nachtigal, and Wilson

     FOR AN ACT ENTITLED, An Act to revise the deadline for voter registration prior to an election.

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

     SB 216 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation for adult basic education.

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

     SB 217 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to authorize certain expenditures out of the water and environment fund, the environment and natural resources fee fund, and the federal hardship grant program, and to declare an emergency.

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

     SB 218 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

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

     SB 219 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to make appropriations for a donation to the World War II National Memorial and for commemorative memorials for persons awarded the Congressional Medal of Honor and to declare an emergency.

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

     SB 220 Introduced by: Senators Staggers, Kloucek, and Moore and Representative Napoli

     FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the matching of federal moneys for highway improvements.

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

SB 221 Introduced by: Senators Dennert, Benson, Bogue, Drake, Duxbury, and Symens and Representatives Cutler, Diedtrich (Elmer), Duenwald, Jaspers, McNenny, Sutton (Daniel), and Sutton (Duane)

FOR AN ACT ENTITLED, An Act to clarify and revise certain provisions relating to the exchange of school lands.

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

     SB 222 Introduced by: Senators Brosz, Lawler, Reedy, and Shoener and Representatives Solum, Broderick, Cerny, Duniphan, Konold, Kooistra, Lucas, Munson (Donald), and Volesky

     FOR AN ACT ENTITLED, An Act to restrict the reasons for which a candidate may withdraw from a nomination.

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

     SB 223 Introduced by: Senator Flowers

     FOR AN ACT ENTITLED, An Act to make the state treasurer an ex officio voting member of certain boards or commissions.

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

     SB 224 Introduced by: Senator Moore

     FOR AN ACT ENTITLED, An Act to require the governing body of a school district to approve the formation of a tax incremental finance district, to require a publication of the decision to create a tax incremental finance district, and to allow the voters of a school district affected by the decision to refer the decision.

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

     SB 225 Introduced by: Senators Daugaard, Albers, Bogue, and Munson (David) and Representatives Brown (Jarvis), Broderick, Fischer-Clemens, and Peterson

     FOR AN ACT ENTITLED, An Act to prohibit any person under the age of twenty-one from operating a motor vehicle if there is any alcohol present in the person's blood.

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

     SB 226 Introduced by: Senators Lange, Dennert, Flowers, Hutmacher, Kloucek, Olson, and Staggers and Representatives Sutton (Daniel), Chicoine, Hagen, Hanson, Koetzle, Nachtigal, and Wilson

     FOR AN ACT ENTITLED, An Act to permit persons sixty-five or older to request that they be excused from jury duty.

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

     SB 227 Introduced by: Senator Staggers and Representative Monroe

     FOR AN ACT ENTITLED, An Act to prohibit issuance or renewal of certain professional licenses, registrations, certifications, or permits to certain applicants.

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

     SB 228 Introduced by: Senator Vitter

     FOR AN ACT ENTITLED, An Act to increase the penalty for certain assaults in jails and juvenile detention centers.

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

     SB 229 Introduced by: Senator Kloucek and Representative Weber

     FOR AN ACT ENTITLED, An Act to establish additional agricultural reporting requirements for certain preferred development projects.

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

     SB 230 Introduced by: Senators Kloucek, Albers, Drake, Flowers, Hutmacher, Madden, and Reedy and Representatives Juhnke, Cerny, Hagen, Hanson, Koskan, Nachtigal, and Weber

     FOR AN ACT ENTITLED, An Act to authorize the use of certain devices for predator control.

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

     SB 231 Introduced by: Senator Kloucek and Representative Weber

     FOR AN ACT ENTITLED, An Act to impose a tax on the seller or transferor of certain bonds, stocks, securities, and various derivatives.

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

SB 232 Introduced by: Senators Symens, Drake, and Vitter and Representatives Jaspers, Chicoine, Diedrich (Larry), and Hanson

FOR AN ACT ENTITLED, An Act to exempt certain contract services provided to agricultural producers by an agent of a parent company through a local contracting entity.

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

     SB 233 Introduced by: Senator Rounds and Representative Cutler

     FOR AN ACT ENTITLED, An Act to provide increased funding for the maintenance of state and local highways and roads.

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

     SB 234 Introduced by: The Committee on State Affairs at the request of the Governor

     FOR AN ACT ENTITLED, An Act to establish criteria for the use of utilization review by health carriers, utilization review organizations, and other contracted entities and for the coverage of emergency services.

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

     SB 235 Introduced by: The Committee on State Affairs at the request of the Governor

     FOR AN ACT ENTITLED, An Act to require the disclosure of information to prospective enrollees of managed care plans.

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

     SB 236 Introduced by: The Committee on State Affairs at the request of the Governor

     FOR AN ACT ENTITLED, An Act to establish standards for network adequacy and quality of care in managed care plans and to require the registration of managed care entities.

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

     SB 237 Introduced by: The Committee on State Affairs at the request of the Governor

     FOR AN ACT ENTITLED, An Act to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and to the Department of Education for child development and certain technology enhancement programs and to make an appropriation therefor.

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

SB 238 Introduced by: The Committee on State Affairs at the request of the Governor

FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to regulate certain telecommunications services.

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

     SB 239 Introduced by: The Committee on State Affairs at the request of the Governor

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding telecommunications services.

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

     SB 240 Introduced by: Senators Hutmacher, Olson, Paisley, and Reedy and Representatives Wilson and Lucas

     FOR AN ACT ENTITLED, An Act to provide certain financial and academic benefits to teachers who have obtained national certification.

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

     SB 241 Introduced by: Senators Hutmacher and Olson and Representatives Lucas and Fischer-Clemens

     FOR AN ACT ENTITLED, An Act to increase the excise tax on certain fuel and to distribute a portion of the increase to local governments.

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

     SB 242 Introduced by: Senators Hutmacher and Drake and Representatives McNenny and Kooistra

     FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to education.

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

     SB 243 Introduced by: Senators Benson, Drake, Duxbury, Hainje, and Lawler and Representatives Duenwald, Derby, and Juhnke

     FOR AN ACT ENTITLED, An Act to provide for the issuance of specialty license plates and organization decals.

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

     SB 244 Introduced by: Senator Munson (David) and Representative Cutler

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to state aid for special education funding.

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

     SB 245 Introduced by: Senators Whiting, Ham, and Lange and Representatives Sutton (Daniel), Crisp, Duenwald, Hennies, and Koskan

     FOR AN ACT ENTITLED, An Act to submit a measure to the electors of this state at the next general election to impose an additional tax upon the sale of certain alcoholic beverages and to distribute the revenue to the counties.

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

     SB 246 Introduced by: The Committee on Judiciary at the request of the Governor

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the service of a summons.

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

     SB 247 Introduced by: Senators Dennert and Moore and Representatives Waltman and Garnos

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding audits by the Division of Securities.

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

     SJR 6 Introduced by: Senators Dennert and Lange and Representatives Weber and Waltman

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Frederick requested that SB 115 be removed from the Consent Calendar.

HB 1062: FOR AN ACT ENTITLED, An Act to revise the duties of magistrate judges.

Was read the second time.

     The question being "Shall HB 1062 pass?"

     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; 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; Valandra; Vitter; Whiting

Excused were:
Shoener; Symens

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

HB 1063: FOR AN ACT ENTITLED, An Act to authorize the courts to suspend driving privileges for persons convicted of driving or physical control of a motor vehicle while under age twenty-one and under the influence of alcohol or controlled substances and to permit the granting of certain restricted driving privileges for such persons.

Was read the second time.

     The question being "Shall HB 1063 pass?"

     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; 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; Valandra; Vitter; Whiting

Excused were:
Shoener; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 27: FOR AN ACT ENTITLED, An Act to require the conduct of criminal background checks for certain persons employed by the Board of Regents.

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

Sen. Brosz moved that SB 27 be amended as follows:

On page 1 , line 7 of the printed bill , after " Deaf " insert " to serve as superintendent or principal, in a teaching or teaching assistant position, in a certificated or licensed clinical employment position, or on the residence hall staff in any capacity " .

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 27 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, 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; Valandra; Vitter; Whiting

Nays were:
Staggers

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

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

     The question being "Shall SB 110 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, 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; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Valandra; Vitter; Whiting

Nays were:
Hutmacher; Moore

Excused were:
Shoener; 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 5: FOR AN ACT ENTITLED, An Act to establish the value added agriculture subfund and provide for its funding and disbursement.

Was read the second time.

     The question being "Shall SB 5 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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); Paisley; Reedy; Rounds; Staggers; Valandra; Vitter; Whiting

Excused were:
Olson; Shoener; Symens

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

Was read the second time.

     The question being "Shall SB 10 pass?"

     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; 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; Valandra; Vitter; Whiting

Excused were:
Shoener; 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 11: 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 second time.

     The question being "Shall SB 11 pass?"

     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; 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; Valandra; Vitter; Whiting

Excused were:
Shoener; 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 12: 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 second time.

     The question being "Shall SB 12 pass?"

     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; 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; Valandra; Vitter; Whiting

Excused were:
Shoener; 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 81: FOR AN ACT ENTITLED, An Act to prohibit using a social security number for a driver's license number.

Was read the second time.

     The question being "Shall SB 81 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 10, Excused 2, Absent and Not Voting 0

     Yeas were:
Bogue; Brown (Arnold); Daugaard; Drake; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Staggers; Vitter

Nays were:
Albers; Benson; Brosz; Dennert; Dunn (Jim); Halverson; Paisley; Rounds; Valandra; Whiting

Excused were:
Shoener; 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 95: FOR AN ACT ENTITLED, An Act to regulate certain livestock packer transactions.

Was read the second time.

Sen. Frederick moved that SB 95 be amended as follows:

On page 1 , line 9 of the Senate Agriculture and Natural Resources committee engrossed bill , delete " , a " and insert " or " .

On page 1 , line 10 , delete " , a livestock market, or livestock auction agency " .

Which motion prevailed and the bill was so amended.

Sen. Everist moved that SB 95 be amended as follows:

On page 3 , after line 14 of the Senate Agriculture and Natural Resources committee engrossed bill , insert:

" Section 8. This Act shall take effect when the legislatures of the states of Minnesota, Iowa, and Nebraska have enacted substantially similar legislation. The attorney general of South Dakota may be notified by any South Dakota citizen of said enactments and within thirty days shall substantiate the legislative enactments and enforce the provisions of this Act. "

Sen. Moore moved that Sen. Everist's motion to further amend SB 95 be laid on the table.

The question being on Sen. Moore's motion that Sen. Everist's motion to further amend SB 95 be laid on the table.

Sen. Olson called for a division on the motion to table Sen. Everist's motion to further amend SB 95.

Which motion lost.

Sen. Reedy moved the previous question.

Which motion prevailed.

Sen. Flowers requested a roll call vote.

    Which request was supported.

     The question being on Sen. Everist's motion that SB 95 be further amended.

     And the roll being called:

     Yeas 16, Nays 17, Excused 2, Absent and Not Voting 0

     Yeas were:
Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Madden; Munson (David); Paisley; Rounds; Whiting

Nays were:
Albers; Bogue; Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Staggers; Valandra; Vitter

Excused were:
Shoener; Symens

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

     The question now being "Shall SB 95 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 12, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Duxbury; Flowers; Frederick; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Valandra; Vitter

Nays were:
Benson; Brosz; Dunn (Jim); Everist; Hainje; Halverson; Madden; Munson (David); Paisley; Rounds; Staggers; Whiting

Excused were:
Shoener; 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 127: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the financial arrangements school districts may have with the Health and Educational Facilities Authority.

Was read the second time.

     The question being "Shall SB 127 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, 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; Valandra; Vitter; Whiting

Nays were:
Kloucek

Excused were:
Shoener; 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 132: FOR AN ACT ENTITLED, An Act to increase certain inheritance tax exemptions for lineal issue.

Was read the second time.

     The question being "Shall SB 132 pass?"

     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; 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; Valandra; Vitter; Whiting

Excused were:
Shoener; 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.

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

MOTIONS AND RESOLUTIONS

Sen. Halverson moved that SJR 5 be referred from the Committee on State Affairs to the Committee on Taxation.

Which motion prevailed and the bill was so referred.

Sen. Everist now presiding.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1089: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of insurance agents.

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

HB 1151: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the minimum wage to be paid persons under twenty years of age.

Was read the second time.

The question being "Shall HB 1024 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

Excused were:
Drake; Frederick; Shoener; Symens

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

HB 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 second time.

     The question being "Shall HB 1060 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

Excused were:
Drake; Frederick; Shoener; Symens

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.

Sen. Halverson now presiding.

HB 1061: FOR AN ACT ENTITLED, An Act to revise the provisions exempting certain persons from service as jurors.

Was read the second time.

Sen. Flowers moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1061 pass?"

     And the roll being called:

     Yeas 16, Nays 17, Excused 2, Absent and Not Voting 0

     Yeas were:
Brosz; Daugaard; Dunn (Rebecca); Duxbury; Everist; Flowers; Halverson; Lange; Madden; Moore; Munson (David); Paisley; Reedy; Rounds; Valandra; Vitter

Nays were:
Albers; Benson; Bogue; Brown (Arnold); Dennert; Drake; Dunn (Jim); Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lawler; Olson; Staggers; Whiting

Excused were:
Shoener; Symens

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

Sen. Everist announced her intention to reconsider the vote by which HB 1061 was lost.

Sen. Everist now presiding.

HB 1064: FOR AN ACT ENTITLED, An Act to revise the court automation surcharge in civil actions, small claims proceedings, criminal actions, and proceedings before the Supreme Court.

Was read the second time.

Sen. Bogue moved that HB 1064 be amended as follows:

On page 2 , after line 16 of the printed bill , insert:

" Section 4. That chapter 16-2 be amended by adding thereto a NEW SECTION to read as follows:

The office of the clerk of courts shall remain open a minimum of four hours per day for a five-day work week excluding holidays. "

Which motion lost.

     The question being "Shall HB 1064 pass?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent and Not Voting 0

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

Nays were:
Albers; Benson; Bogue; Hainje; Kleven; Kloucek; Staggers; Valandra

Excused were:
Shoener; Symens

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.

SIGNING OF BILLS

     The President publicly read the title to

     SB 7: FOR AN ACT ENTITLED, An Act to establish the county road and bridge fund.

     SB 9: FOR AN ACT ENTITLED, An Act to revise certain remittance procedures for county registers of deeds and sheriffs.

     SB 42: 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.

     SB 51: FOR AN ACT ENTITLED, An Act to apply certain uniform tax administration procedure hearings to the regulation of vehicle dealers.

     And signed the same in the presence of the Senate.

Sen. Jim Dunn moved that the Senate do now adjourn, which motion prevailed, and at 5:20 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary