JOURNAL OF THE SENATE

SEVENTY-FOURTH  SESSION



EIGHTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 4, 1999

     The Senate convened at 2:00 p.m., pursuant to adjournment, Sen. Everist presiding.

     The prayer was offered by the Chaplain, The Rev. Dennis Thum, followed by the Pledge of Allegiance led by Senate page Stephanie Dummann.

     Roll Call: All members present except Sen. Halverson 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 seventeenth 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,
M. MICHAEL ROUNDS, Vice-Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS


February 4, 1999



Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 7, 9, 35, 42, 51, and 67, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 33 was delivered to his Excellency, the Governor, for his approval at 10:25 a.m., February 4, 1999.

Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 43, 44, and 70 and finds the same correctly enrolled.

Respectfully submitted,
M. Michael Rounds, Vice-Chair


Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1040 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 181 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1001 and returns the same with the recommendation that said resolution be concurred in.


Also MADAM PRESIDENT:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 229 and 230 which were deferred to the 41st legislative day.

Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1058 and returns the same with the recommendation that said bill do pass.



Also MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration SB 194 and returns the same with the recommendation that said bill be amended as follows:

j-194a

     On page 1 , line 5 of the printed bill , after " agricultural " insert " or construction " .

     On page 1 , line 6 , after " agricultural " insert " or construction " .

     On page 1 , line 7 , after " public " insert " . The term, dealer, does not include a single-line dealer primarily engaged in the retail sale and service of off-road construction and earthmoving equipment " .

     On page 1 , line 12 , after " agricultural " insert " or construction " .

     On page 1 , line 12 , after " manufacturer " insert " ;

             (4)    "Single-line dealer," any person that has purchased seventy-five percent or more of the dealer's total new product inventory from a single manufacturer under agreements with that manufacturer and has a total annual average sales volume for the three previous years with that single manufacturer in excess of fifty million dollars for the territory for which that dealer is responsible " .

     On page 1 , line 13 , delete " noncontinuance " and insert " discontinuance " .
     On page 2 , line 3 , after " agricultural " insert " or construction " .

     On page 2 , line 7 , after " agricultural " insert " or construction " .

     On page 2 , line 8 , after " agricultural " insert " or construction " .

     On page 2 , line 10 , after " agricultural " insert " or construction " .

     On page 2 , after line 13 , insert:

"     It is unlawful for any manufacturer to terminate or discontinue a dealership contract, or enter into additional contracts under the circumstances described in subdivisions (1) to (5), inclusive. "


j-194t

     On page 1 , line 2 of the printed bill , after " agricultural " insert " and construction " .

     And that as so amended said bill do pass.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 193, 221, and 240 and returns the same with the recommendation that said bills do pass.


Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 179 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

     The Committee on Retirement Laws respectfully reports that it has had under consideration SCR 6 and returns the same with the recommendation that said resolution be adopted.

Also MADAM PRESIDENT:

     The Committee on Retirement Laws respectfully reports that it has had under consideration SB 142 which was deferred to the 41st legislative day.

Respectfully submitted,
Kenneth Albers, Chair

Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration SB 171 and returns the same with the recommendation that said bill do pass.


Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1037 and 1052 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 Transportation respectfully reports that it has had under consideration SB 172 and returns the same with the recommendation that said bill be amended as follows:

t-172

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

     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

     The Committee on Transportation respectfully reports that it has had under consideration SB 124 which was tabled.

Respectfully submitted,
Drue Vitter, Vice-Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 43, 44, and 70 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1111, 1137, 1158, 1207, 1208, and 1221 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Whiting moved that the Senate do concur in House amendments to SB 30.

     The question being on Sen. Whiting's motion that the Senate do concur in House amendments to SB 30.

     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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Hainje; Halverson

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

     Sen. Daugaard moved that the Senate do concur in House amendments to SB 31.

     The question being on Sen. Daugaard's motion that the Senate do concur in House amendments to SB 31.

     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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m., on Friday, February 5, the 19th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Local Government on SB 87 as found on page 316 of the Senate Journal; also

     Judiciary on SB 102 as found on page 313 of the Senate Journal; also

     Judiciary on SB 188 as found on page 314 of the Senate Journal; also

     State Affairs on SB 156 as found on page 312 of the Senate Journal; also

     State Affairs on SB 120 as found on page 312 of the Senate Journal; also

     Judiciary on SB 246 as found on page 315 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Daugaard requested that SB 161 be removed from the Consent Calendar.


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

     Was read the second time.

     The question being "Shall HB 1081 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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson

     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 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 second time.

     The question being "Shall HB 1085 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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson

     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 75:   FOR AN ACT ENTITLED, An Act to   establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

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

     Sen. Daugaard moved that SB 75 be deferred until Monday, February 8, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 103:   FOR AN ACT ENTITLED, An Act to   revise the election procedure for forming a municipality.

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

     Sen. Brosz moved that SB 103 be deferred until Monday, February 8, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 146:   FOR AN ACT ENTITLED, An Act to   revise the term of employment for a county highway superintendent.

     Was read the second time.

     The question being "Shall SB 146 pass?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0

     Yeas were:
Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Albers; Benson; Bogue; Drake; Dunn (Jim); Kloucek; Staggers

     Excused were:
Halverson

     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 99:   FOR AN ACT ENTITLED, An Act to   provide special assessment authority to ambulance districts and to declare an emergency.

     Was read the second time.

     Sen. Rounds moved that SB 99 be deferred until Friday, February 5, the 19th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 116:   FOR AN ACT ENTITLED, An Act to   provide for a refund of certain taxes attributed to the construction of a new or expanded school district facility.

     Was read the second time.

     Sen. Lange moved that SB 116 be deferred until Monday, February 8, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 133:   FOR AN ACT ENTITLED, An Act to   establish certain requirements regarding extended warranties for motor vehicles.

     Was read the second time.

     The question being "Shall SB 133 pass as amended?"

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Paisley; Reedy; Symens; Valandra

     Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Ham; Kleven; Madden; Munson (David); Rounds; Shoener; Staggers; Vitter; Whiting

     Excused were:
Halverson

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

    President Hillard now presiding.

    SB 134:   FOR AN ACT ENTITLED, An Act to   require certain health plans to cover certain dental care services.

     Was read the second time.

j-134

     Sen. Arnold Brown moved that SB 134 be amended as follows:

     On page 1 , line 12 of the printed bill , after " five; " insert " or " .

     On page 1 , line 14 , delete " ; or " and insert " . "

     On page 1 , delete lines 15 and 16 .

     On page 2 , line 9 , after " five; " insert " or " .

     On page 2 , line 11 , delete " ; or " and insert " . "

     On page 2 , delete lines 12 and 13 .

     Which motion prevailed and the bill was so amended.

     The question being "Shall SB 134 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Albers; Dunn (Jim); Shoener; Staggers

     Excused were:
Duxbury; Halverson

     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 138:   FOR AN ACT ENTITLED, An Act to   provide limited liability for the use of automated external defibrillators.

     Was read the second time.

     The question being "Shall SB 138 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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Excused were:
Halverson

     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 153:   FOR AN ACT ENTITLED, An Act to   revise and establish certain provisions related to recommendations for the settlement of labor disputes.

     Was read the second time.

     Sen. Munson (David) moved that SB 153 be deferred until Monday, February 8, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 175:   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 second time.


     The question being "Shall SB 175 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Hainje; Ham; Hutmacher; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

     Nays were:
Drake; Flowers; Kleven; Kloucek; Lange; Lawler; Moore; Staggers

     Excused were:
Frederick; Halverson

     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.

     SJR 4:   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 second time.

     Sen. Arnold Brown moved that SJR 4 be deferred until Monday, February 8, the 20th legislative day.

     Which motion prevailed and the resolution was so deferred.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 30 and 31 and finds the same correctly enrolled.

Respectfully submitted,
M. Michael Rounds, Vice-Chair

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


MOTIONS AND RESOLUTIONS


     Sen. Whiting moved that SB 195, 196, and HB 1148 be referred from the Committee on Judiciary to the Committee on Education.

     Which motion prevailed and the bills were so referred.

     Sen. Whiting moved that HB 1026 be referred from the Committee on Judiciary to the Committee on Health and Human Services.

     Which motion prevailed and the bill was so referred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1111:   FOR AN ACT ENTITLED, An Act to   repeal certain recycling requirements.

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

     HB 1137:   FOR AN ACT ENTITLED, An Act to   revise the definition of outdoor recreation purpose for political subdivisions.

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

     HB 1158:   FOR AN ACT ENTITLED, An Act to   allow counties to participate in a simulated election.

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

     HB 1207:   FOR AN ACT ENTITLED, An Act to   increase the time period for which a driver's license is revoked for certain drug offenses.

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

     HB 1208:   FOR AN ACT ENTITLED, An Act to   provide for the termination of a spousal joint tenancy by an interested person.

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

     HB 1221:   FOR AN ACT ENTITLED, An Act to   require that certain persons having contact with pupils in school have a certification of health.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     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 second time.

     Sen. Kleven moved that HB 1088 be deferred until Friday, February 5, the 19th legislative day.

     Which motion prevailed and the bill was so deferred.

SIGNING OF BILLS


     The President publicly read the title to

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

     SB 31: FOR AN ACT ENTITLED, An Act to  list Flunitrazepam and Gamma Hydroxy Butyrate as controlled substances and to provide penalties therefor.

     SB 43: FOR AN ACT ENTITLED, An Act to  remove certain licensing exemptions regarding money lenders and mortgage lenders.

     SB 44: FOR AN ACT ENTITLED, An Act to  allow collection of delinquent installments to be provided for in the installment loan contract.

     SB 70: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to fees and mileage for witnesses.

     HB 1059: FOR AN ACT ENTITLED, An Act to  provide a procedure for assigning certain staggered terms for the elected board members of an improvement district.

     And signed the same in the presence of the Senate.

     Sen. Kleven moved that the Senate do now adjourn, which motion prevailed, and at 4:00 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary