Joint Journal 02/17/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 17, 1999

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

     The prayer was offered by the Chaplain, Pastor Gerry King, followed by the Pledge of Allegiance led by Senate page Paul Rasmussen.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,

HAROLD HALVERSON, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 45, 48, 50, 77, 90, 93, 112, and 137 were delivered to his Excellency, the Governor, for his approval at 11:37 a.m., February 17, 1999.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 217, 218, and 219 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 164 and returns the same with the recommendation that said bill be amended as follows:

m-164e

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

" Section 1. Terms used in this Act mean:

(1) "Livestock," live cattle, swine, or sheep;

(2) "Packer," a person who is engaged in the business of slaughtering livestock or receiving, purchasing, or soliciting livestock for slaughtering, the meat products of which are directly or indirectly to be offered for resale or for public consumption. Packer includes an agent of the packer engaged in buying or soliciting livestock for slaughter on behalf of a packer. Packer does not include a cold storage plant or frozen food locker plant.

Section 2. A packer purchasing or soliciting livestock for slaughter in this state may not discriminate in prices paid or offered to be paid to sellers of that livestock. This section does not apply to the sale and purchase of livestock if the following requirements are met:

(1) The price differential is based on the quality of the livestock, if the packer purchases or solicits the livestock based upon a payment method specifying prices paid for criteria relating to carcass merit; actual and quantifiable costs related to transporting and acquiring the livestock by the packer; or an agreement for the delivery of livestock at a specified date or time; and

(2) After making a differential payment to a seller, the packer publishes information relating to the differential pricing, including the payment method for carcass merit, transportation and acquisition pricing, and an offer to enter into an agreement for the delivery of livestock at a specified date or time according to the same terms and conditions offered to other sellers.

Section 3. A packer shall provide all sellers with the same terms and conditions offered to a seller who receives a differential price based on any of the criteria described in section 2 of this Act.

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.

Section 5. Any agreement made by a packer in violation of this Act is voidable. Any packer acting in violation of this section is guilty of a fraudulent practice.

Section 6. The attorney general shall enforce the provisions of this Act and the Department of Agriculture shall refer any violations of these provisions to the attorney general. The attorney general or any person injured by a violation of these provisions may bring an action in circuit court to restrain a packer from violating these provisions. A seller who receives a discriminatory price or who is offered only a discriminatory price for livestock based upon a violation of these provisions by a packer has a civil cause of action against the packer and, if successful, shall be awarded treble damages.

Section 7. Any packer shall make available for publication and to the Department of Agriculture, a daily report setting forth information regarding prices paid for livestock, under each contract in force, in which the packer and a South Dakota resident are parties for the purchase of the livestock by the packer, and which sets a date for delivery more than twenty days after the making of the contract.

The reports shall be completed on forms prepared by the department for comparison with cash market prices for livestock according to procedures required by the department in rules promulgated pursuant to chapter 1-26. The report may not include information regarding the identity of a seller.

A failure of a packer to report as required by this section is punishable by a civil penalty not to exceed ten percent of the packer's gross purchases within the period of violation. The department shall refer to the attorney general any packer or packer's agent who the department believes is in violation of the provisions of this Act. The attorney general may, upon referral from the department, file an action in circuit court to enforce these provisions.

Section 8. This Act shall take effect when the legislatures of the states of Minnesota, Iowa, Wyoming, 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.

Section 9. In the event the provisions of section 8 are not fulfilled, the Senate engrossed version of Senate Bill 95 is hereby repealed. "

m-164t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " regulate certain livestock packer transactions. "

On page 1 , delete lines 2 and 3 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 89 and returns the same with the recommendation that said bill be amended as follows:

d-89

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

" Section 1. Students attending the Black Hills Forest High School in Lawrence County may not be included by any school district in its average daily membership for purposes of state aid to education. "

d-89t

On page 1 , line 1 of the printed bill , delete everything after " An Act to " and insert " clarify average daily membership in the state aid to education formula. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 141 which was tabled.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 158, 181, 185, and 220 which were deferred to the 41st legislative day.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1109 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 62 which was tabled.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 125 and 63 which were deferred to the 41st legislative day.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1130, 1135, and 1136 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 Health and Human Services respectfully reports that it has had under consideration SB 166 and 178 which were tabled.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1096, 1160, and 1262 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1144, 1172, and 1246 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Arlene Ham, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1151 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1140 and 1146 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 Taxation respectfully reports that it has had under consideration SB 224 and 245 which were tabled.

Respectfully submitted,
Keith Paisley, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on HB 1039 as found on page 493 of the Senate Journal; also

     Commerce on HB 1107 as found on page 492 of the Senate Journal; also

     Transportation on HB 1134 as found on page 494 of the Senate Journal; also

     Transportation on HB 1193 as found on page 494 of the Senate Journal; also

     Commerce on HB 1207 as found on page 493 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Rounds requested that SB 203 be removed from the Consent Calendar.

HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the regulation, inspection, and transportation of livestock.

Was read the second time.

     The question being "Shall HB 1014 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1103: FOR AN ACT ENTITLED, An Act to increase the per diem paid to jurors.

Was read the second time.

The question being "Shall HB 1103 pass as amended?"

And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1128: FOR AN ACT ENTITLED, An Act to authorize the Banking Commission to establish rules regulating bank borrowings.

Was read the second time.

     The question being "Shall HB 1128 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1142: FOR AN ACT ENTITLED, An Act to permit an increased proportion of a bank's stock and surplus to be invested in the value of the premises.

Was read the second time.

The question being "Shall HB 1142 pass as amended?"

And the roll being called:

HB 1255: FOR AN ACT ENTITLED, An Act to revise certain provisions to require the offer of alcohol coverage under certain insurance policies.

Was read the second time.

     The question being "Shall HB 1255 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

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

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

HB 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions to limit the cancellation of certain insurance policies.

Was read the second time.

The question being "Shall HB 1256 pass?"

And the roll being called:

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 60 : FOR AN ACT ENTITLED, An Act to establish certain criteria for the state trunk highway system.

Was read the second time.

Sen. David Munson moved that SB 60 be placed to follow SB 233 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 233: FOR AN ACT ENTITLED, An Act to provide increased funding for the maintenance of state and local highways and roads.

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

o-233a

Sen. Hutmacher moved that SB 233 be amended as follows:

On page 6 , after line 13 of the printed bill , insert:

" Section 11. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as follows:

In addition to the fuel excise tax rates imposed by § 10-47B-4, there are imposed additional fuel excise tax rates as follows:

(1) Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline)--$.02 per gallon;

(2) Special fuel (except jet fuel)--$.02 per gallon;

(3) Ethanol blends--$.02 per gallon;

(4) E85 and M85--$.02 per gallon;

(5) Liquid petroleum gas--$.02 per gallon; and

(6) Compressed natural gas--$.02 per gallon.

Section 12. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as follows:

Any tax collected pursuant to section 11 of this Act shall be deposited in the local government highway and bridge fund created pursuant to § 32-11-34.

Section 13. That § 10-47B-5 be amended to read as follows:

10-47B-5. A fuel excise tax is imposed on all motor fuel and special fuel that is removed from a terminal in this state at the rack or used at the terminal, unless it is removed by an exporter specifically licensed to export from this state into the state which is indicated as the destination state on the bill-of-lading issued by the terminal operator for the fuel, or the fuel is ethyl alcohol and it has been removed by a licensed blender or supplier and is invoiced separately from gasoline and not sold as an ethanol blend. The tax imposed shall be at the rate indicated in § 10-47B-4 and section 11 of this Act .

Section 14. That § 10-47B-6 be amended to read as follows:

10-47B-6. A fuel excise tax is imposed on all motor fuel or special fuel, except unblended ethyl alcohol, imported into this state in the bulk cargo area of any motor vehicle, vessel rail car, or trailer by any means other than through a terminal located in this state, upon its entry into this state. The tax imposed shall be at the rate indicated in § 10-47B-4 and section 11 of this Act .

Section 15. That § 10-47B-7 be amended to read as follows:

10-47B-7. A fuel excise tax is imposed on all special fuel used in this state in the engine fuel supply tank of qualified motor vehicles involved in interstate commerce. The tax imposed shall be at the rate indicated in § 10-47B-4 and section 11 of this Act .

Section 16. That § 10-47B-8 be amended to read as follows:

10-47B-8. A fuel excise tax is imposed on all ethyl alcohol and other substances blended with motor fuel or undyed special fuel unless the ethyl alcohol or other substance has previously been taxed by the provisions of this chapter. The tax imposed shall be at the rate indicated in § 10-47B-4 of the dominant motor fuel or undyed special fuel with which the substance is blended unless the substance is ethyl or methyl alcohol blended by a licensed blender to create an ethanol, E85, or M85 blend in which case it shall be at the ethanol, E85, or M85 blend rate as indicated in § 10-47B-4 and section 11 of this Act .

Section 17. That § 10-47B-9 be amended to read as follows:

10-47B-9. A fuel excise tax is imposed on unblended ethyl alcohol sold by an ethanol producer, supplier, importer, or blender unless the sale is made to a licensed supplier for resale, licensed blender, or licensed exporter for export to another state who is specifically licensed to export to the state. The tax imposed shall be at the rate set for motor fuel in § 10-47B-4 and section 11 of this Act .

Section 18. That § 10-47B-10 be amended to read as follows:

10-47B-10. A fuel excise tax is imposed on all motor fuel or special fuel which has been removed from a terminal in this state at the rack by a licensed exporter for which the bill-of-lading issued for the fuel by the terminal operator indicates a destination state other than South Dakota, and the fuel is later diverted by the exporter to a destination within this state for off-loading unless the fuel is ethyl alcohol, the exporter is licensed as a blender or supplier and the product is purchased and invoiced separately from gasoline and not as an ethanol blend. The tax imposed shall be at the rate set for motor fuel or special fuel in § 10-47B-4 and section 11 of this Act .

Section 19. That § 10-47B-11 be amended to read as follows:

10-47B-11. A fuel excise tax is imposed on liquid petroleum gas and compressed natural gas sold or used by licensed vendors in this state for use in motor vehicles unless liquid petroleum gas is sold to a licensed liquid petroleum gas user. The tax imposed shall be at the rate set forth in § 10-47B-4 and section 11 of this Act .

Section 20. That § 10-47B-12 be amended to read as follows:

10-47B-12. A fuel excise tax is imposed on liquid petroleum gas used in the engine fuel supply tank of a motor vehicle owned or operated by a liquid petroleum user which is used on the public highways or roads of this state. The tax imposed shall be at the rate set forth in § 10-47B-4 and section 11 of this Act .

Section 21. That § 10-47B-13 be amended to read as follows:

10-47B-13. A fuel excise tax is imposed on all motor fuel, special fuel, and liquid petroleum gas used in the engine fuel supply tank of self-propelled machinery, equipment, or vehicles used in highway construction or repair work done in this state within the right-of-way, unless the self-propelled machinery, equipment, and vehicles are owned by this state or a county or municipality of this state. The tax imposed shall be at the rate indicated for motor fuel, special fuel, or liquid petroleum gas in § 10-47B-4 and section 11 of this Act .

Section 22. That § 10-47B-17 be amended to read as follows:

10-47B-17. The amount of the inventory tax imposed by § 10-47B-14 is equal to the special fuel tax rate indicated in § 10-47B-4 and section 11 of this Act times the gallons in storage as determined under § 10-47B-15.

Section 23. That § 10-47B-148 be amended to read as follows:

10-47B-148. ~~Any~~ Except for any tax collected and deposited as provided in sections 11 and 12 of this Act, any tax, fee, penalty assessment, and interest assessment collected under this chapter are to be deposited with the state treasurer who shall credit the amount received to the motor fuel tax fund. However, taxes collected under this chapter on behalf of other jurisdictions under the provisions of an interstate agreement are to be distributed under the provisions of that agreement. "

Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Hutmacher's motion that SB 233 be amended.

     And the roll being called:

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

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

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

Excused were:
Dunn (Jim)

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

f-233b

Sen. Olson moved that SB 233 be amended as follows:

On page 1 , line 7 of the printed bill , delete " $.21 " and insert " $.22 " .

On page 1 , line 8 , delete " $.21 " and insert " $.22 " .

On page 1 , line 9 , delete " $.19 " and insert " $,20 " .

On page 1 , line 12 , delete " $.09 " and insert " $.10 " .

On page 1 , line 14 , delete " $.19 " and insert " $.20 " .

On page 1 , line 15 , delete " $.09 " and insert " $.10 " .

On page 6 , after line 13 , insert:

" Section 11. That § 32-10-35 be amended to read as follows:

32-10-35. Fees collected by the secretary of revenue and not otherwise provided for shall be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary of revenue pursuant to § 32-5B-1 shall be deposited in the state highway fund. Fees collected under chapter 32-10 by the secretary of revenue pursuant to chapter 32-9 shall be distributed with ~~fifty-four percent to the state highway fund, forty-one~~ ninety-eight and one-half percent to counties, ~~two~~ one-half percent to the state motor vehicle fund, and ~~two and one-half~~ one percent to the state license plate special revenue fund. The counties' portion shall be distributed among the counties, pro rata, twenty-five percent according to truck registrations, twenty-five percent according to population, and fifty percent according to total road mileage. Each county shall distribute fifty-four percent of its portion to the county general fund, thirty-four percent of its portion to the special highway fund as provided by § 32-11-4.1, and twelve percent of its portion to the municipalities of the county pursuant to § 32-11-4.1. "

Sen. Rounds moved that the Senate do now recess until 3:10 p.m., which motion prevailed and at 3:00 p.m., the Senate recessed.

RECESS

The Senate reconvened at 3:10 p.m., the President presiding.

Sen. Rounds requested that SB 233 and Sen. Olson's pending amendment be placed to follow SB 38 on today's calendar.

Which request was supported and SB 233 with Sen. Olson's pending motion to amend was so placed.

HONORED GUESTS

Sen. Hutmacher introduced the Honorable Tim Johnson, United States Senator from South Dakota. Sen. Johnson spoke briefly.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

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.

r-60

Sen. David Munson moved that SB 60 be further amended as follows:

On page 1 , line 7 of the Senate Transportation committee engrossed bill , after " consider " insert " , but not be limited to, " .

On page 2 , after line 1 , insert:

" An existing highway segment may not be removed from the state trunk highway system unless an agreement for transfer of maintenance responsibility has been executed by the Department of Transportation and the local government unit to which the title and maintenance responsibility would be transferred. "

On page 2 , line 5 , after " travel. " insert " The commission shall publish a list of the state highway segments proposed to be designated as minimum maintenance segments each year and provide an opportunity for public input pursuant to chapter 1-26 before making the final designations. "

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 60 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Brosz; Brown (Arnold); Daugaard; Dunn (Rebecca); Duxbury; Everist; Flowers; Halverson; Ham; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Benson; Bogue; Dennert; Drake; Frederick; Hainje; Hutmacher; Kloucek; Olson

Excused were:
Dunn (Jim)

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

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

a-243

Sen. Benson moved that SB 243 be further amended as follows:

On page 2 , line 3 of the Senate Transportation committee engrossed bill , after " for " insert " an " .

On page 2 , line 3 , delete "decals" and insert " decal " .

On page 2 , line 3 , after " corporation " insert " , or a group of nonprofit corporations with a common purpose, " .

On page 2 , line 6 , after " organization " insert " or group of organizations " .

On page 2 , line 9 , after " name " delete " of the organization or any part of the oranization or any part of the " and insert " and purpose of the organization or group of organizations " .

On page 2 , line 10 , delete " organization's purpose " .

On page 2 , line 12 , after "organization" insert "or group of organizations".

On page 2 , line 16 , after " organization " insert " or group of organizations " .

On page 2 , line 17 , after " incorporation " insert " for each organization " .

On page 2 , line 18 , after " by-laws " insert " for each organization " .

On page 2 , line 19 , delete " its " and insert " each organization's " .

On page 2 , line 20 , after "name" insert, ", or in the case of a group of organizations, a decal design which clearly depicts the common purpose or theme of the group".

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 243 pass as amended?"

     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 (Rebecca); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Dunn (Jim); Flowers

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 38: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the transfer of funds from the regulated substance response fund and to make an appropriation to the fund.

Was read the second time.

     The question being "Shall SB 38 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 (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Dunn (Jim)

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

Was read the second time.

     The question being "Shall SB 238 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 (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Dunn (Jim)

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

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

The question being on Sen. Olson's pending motion to amend SB 233 as found on page 525 of the Senate Journal.

o-233f

Sen. Frederick moved, as a substitute motion, that SB 233 be amended as follows:

On page 1 , line 7 of the printed bill , delete " $.21 " and insert " $.22 " .

On page 1 , line 8 , delete " $.21 " and insert " $.22 " .

On page 1 , line 9 , delete " $.19 " and insert " $,20 " .

On page 1 , line 12 , delete " $.09 " and insert " $.10 " .

On page 1 , line 14 , delete " $.19 " and insert " $.20 " .

On page 1 , line 15 , delete " $.09 " and insert " $.10 " .

On page 4 , delete line 25 , and insert:

" Section 9. That § 32-10-35 be amended to read as follows:

Section 10. There is hereby appropriated each fiscal year from the state highway fund the sum of one million thirty-three thousand two hundred sixty-nine dollars and ten cents to the Department of Revenue for distribution to the counties. The moneys shall be distributed to the counties in the same amounts as funds were distributed to the counties by the Department of Game, Fish and Parks for license fees in calendar year 1997, pursuant to § 41-6-70. The moneys shall be deposited in the special highway fund of each county. The secretary of revenue shall distribute the money prior to December thirty-first of each year. "

Delete pages 5 and 6.

Sen. Rounds moved that SB 233 and Sen. Frederick's pending motion to amend be deferred until Thursday, February 18, the 27th legislative day.

Which motion prevailed and the bill was so deferred.

Sen. Rounds moved that HB 1015, 1053, 1070, and 1199 be deferred until Thursday, February 18, the 27th legislative day.

Which motion prevailed and the bills were so deferred.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has approved HB 1037 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form as found on page 524 of the House Journal.

We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on HB 1037.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1091 and 1094.

Respectfully,
KAREN GERDES, Chief Clerk

SIGNING OF BILLS

     The President publicly read the title to

     HB 1012: 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.

     HB 1013: FOR AN ACT ENTITLED, An Act to establish certain requirements regarding coverage of emergency medical services.

     HB 1084: FOR AN ACT ENTITLED, An Act to establish deadlines for action by school districts on certain reorganization petitions.

     HB 1087: FOR AN ACT ENTITLED, An Act to place certain restrictions on loans obtained by insurance agents from their clients.

     HB 1099: FOR AN ACT ENTITLED, An Act to revise the exemptions to the practice of cosmetology.

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

     And signed the same in the presence of the Senate.

Sen. Drake moved that the Senate do now adjourn, which motion prevailed, and at 4:50 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary