JOURNAL OF THE SENATE

SEVENTY-FIFTH  SESSION




EIGHTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 20, 2000

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

     The prayer was offered by Sen. Harold Halverson, followed by the Pledge of Allegiance led by Senate page Donna Roghair.

     Roll Call: All members present except Sen. Kloucek 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 seventh 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Rudolph A. Nef of Grant County, Milbank, South Dakota, to the State Board of Regents.

    The question being "Does the Senate advise and consent to the executive appointment of Rudolph A. Nef pursuant to the executive message as found on page 5 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

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

     Excused were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Michael V. Braley of Hutchinson County, Parkston, South Dakota, to the South Dakota Lottery Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Michael V. Braley pursuant to the executive message as found on page 5 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

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

     Excused were:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.


REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

     The Committee on Commerce respectfully reports that it has had under consideration SB 93 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 79 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 Commerce respectfully reports that it has had under consideration SB 36 which was deferred to the 36th legislative day.

Respectfully submitted,
Jerry J. Shoener, Chair

Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 24 and returns the same with the recommendation that said bill do pass.



Also MADAM PRESIDENT:

     The Committee on Education respectfully reports that it has had under consideration SB 49 which was deferred to the 36th legislative day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 64 which was deferred to the 36th legislative day.

Respectfully submitted,
Fred Whiting, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1013, 1019, 1020, 1033, 1037, and 1048 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Taxation on SB 10 as found on page 109 of the Senate Journal; also

     State Affairs on SB 12 as found on page 108 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 144   Introduced by:  Senators Symens, Benson, Brown (Arnold), Drake, Duxbury, Flowers, Kloucek, Moore, and Vitter and Representatives Weber, Burg, Crisp, Diedrich (Larry), Hanson, and Napoli

       FOR AN ACT ENTITLED, An Act to   require that land meet all three criteria to be classified as agricultural land.

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

     SB 145   Introduced by:  Senator Reedy and Representative Engbrecht

       FOR AN ACT ENTITLED, An Act to   revise the distribution of certain tax revenues.

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

     SB 146   Introduced by:  Senators Hainje, Daugaard, and Moore and Representatives Hunt and Wilson


       FOR AN ACT ENTITLED, An Act to   revise certain provisions of the Uniform Probate Code relating to the annual accounting of the conservator.

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

     SB 147   Introduced by:  Senators Vitter, Daugaard, and Moore and Representatives Hunt and Wilson

       FOR AN ACT ENTITLED, An Act to   revise the Uniform Probate Code with regard to the duties of the court representative.

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

     SB 148   Introduced by:  Senators Vitter, Albers, Ham, and Madden and Representatives Lintz, Pummel, and Wetz

       FOR AN ACT ENTITLED, An Act to   provide for a Black Hills buck deer season.

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

     SB 149   Introduced by:  Senators Ham, Daugaard, and Moore and Representatives Hunt and Wilson

       FOR AN ACT ENTITLED, An Act to   revise the Uniform Probate Code pertaining to the duties of the personal representative in closing the estate.

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

     SB 150   Introduced by:  Senators Frederick and Symens and Representatives Wetz, Apa, Diedrich (Larry), Diedtrich (Elmer), Kazmerzak, McNenny, and Putnam

       FOR AN ACT ENTITLED, An Act to   authorize additional nonresident waterfowl licenses.

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

     SB 151   Introduced by:  Senators Duxbury, Albers, Brown (Arnold), and Lawler and Representatives Burg, Brown (Jarvis), Fischer-Clemens, and Michels

       FOR AN ACT ENTITLED, An Act to   clarify what property a municipality may donate to a nonprofit corporation and how that property may be used by the nonprofit corporation.


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

     SB 152   Introduced by:  Senators Halverson, Daugaard, and Olson and Representatives Brown (Jarvis), Broderick, Earley, and Pummel

       FOR AN ACT ENTITLED, An Act to   provide a financial institution with an insurable interest with reference to personal insurance.

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

     SB 153   Introduced by:  Senators Moore, Flowers, Hutmacher, Olson, and Staggers and Representatives Napoli, Haley, Koehn, and Koetzle

       FOR AN ACT ENTITLED, An Act to   restrict the effect of certain provisions relating to the illegal sale of alcoholic beverages to underage persons.

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

     SB 154   Introduced by:  Senators Madden, Daugaard, and Moore and Representatives Hunt and Wilson

       FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to notice to parties in estate litigation.

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

     SB 155   Introduced by:  Senators Symens, Brown (Arnold), Duxbury, Frederick, Hutmacher, and Olson and Representatives Crisp, Burg, Chicoine, Diedrich (Larry), and Hanson

       FOR AN ACT ENTITLED, An Act to   prohibit the introduction of certain contaminated agriculture products.

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

     SB 156   Introduced by:  Senators Whiting, Brosz, Daugaard, Hainje, Olson, and Shoener and Representatives Roe, Brown (Richard), Jaspers, Michels, Smidt, and Wilson

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding bonds and conditions of release imposed to assure the appearance of a defendant.

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



     SJR 5   Introduced by:  Senators Drake, Benson, Brosz, and Hainje and Representatives Monroe and Putnam

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III of the Constitution of the State of South Dakota to increase the percent of qualified electors required to invoke either the initiative or the referendum.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 21:   FOR AN ACT ENTITLED, An Act to   allow for the additional public distribution of sex offender information.

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

21jd

     Sen. Olson moved that SB 21 be amended as follows:

     On page 1 , line 8 of the printed bill , delete " The " and insert " For those registered offenders convicted of rape in the first degree or criminal pedophilia, the " .

     On page 1 , after line 10 , insert:

"      Section 2. That § 22-22-40 be amended to read as follows:

     22-22-40.   Registration records collected by local law enforcement agencies pursuant to this chapter, registration lists provided to local law enforcement by the Division of Criminal Investigation, and records collected by institutions pursuant to §   22-22-38 for those persons required to register under the provisions of § §   22-22-30 to 22-22-39, inclusive, are public records as provided in chapter 1-27. The registration list provided to local law enforcement shall be a complete list of all sex offenders in the state and shall include the address of the sex offender and the sex crime the offender was convicted of.

     Nothing in this section allows the release of the name or any identifying information regarding the victim of the crime to any person other than law enforcement agencies, and such victim identifying information is confidential. "

     Sen. Paisley requested a roll call vote.

    Which request was supported.    

    The question being on Sen. Olson's motion that SB 21 be amended.


     And the roll being called:

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

     Yeas were:
Benson; Brown (Arnold); Dennert; Duxbury; Everist; Flowers; Hainje; Halverson; Hutmacher; Kleven; Lange; Lawler; Moore; Olson; Paisley; Rounds; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Albers; Bogue; Brosz; Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Frederick; Ham; Madden; Munson (David); Reedy; Shoener

     Excused were:
Kloucek

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and SB 21 was so amended.

     The question now being "Shall SB 21 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent and Not Voting 0

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

     Nays were:
Drake; Dunn (Jim); Everist; Ham; Moore

     Excused were:
Kloucek

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

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



MOTIONS AND RESOLUTIONS


     Sen. Whiting moved that SB 141 be referred from the Committee on Judiciary to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

     SB 45:   FOR AN ACT ENTITLED, An Act to   authorize the Governor to enter into a multi- state compact for the development, implementation, and administration of a simplified sales and use tax collection system.

     Was read the second time.

     Sen. Rounds moved that SB 45, 48, 60, 61, and 62 be deferred until Friday, January 21, the 9th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1013:   FOR AN ACT ENTITLED, An Act to   allow postsecondary technical institutes to refer debt collection to the Bureau of Administration.

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

     HB 1019:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to workers' compensation managed care plans.

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

     HB 1020:   FOR AN ACT ENTITLED, An Act to   change the procedure in which certain industry classification codes are assigned to employers for the purposes of unemployment compensation.

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


     HB 1033:   FOR AN ACT ENTITLED, An Act to   define blanket insurance as group health insurance and to clarify the applicability of certain statutes to blanket policies.

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

     HB 1037:   FOR AN ACT ENTITLED, An Act to   require municipalities to provide boundary change information to the Department of Revenue to facilitate the development of a simplified sales tax collection system.

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

     HB 1048:   FOR AN ACT ENTITLED, An Act to   allow the Department of Revenue to grant a business a statewide sales tax permit.

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

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 21, the 9th legislative day.

     Which motion prevailed.

     Sen. Rounds moved that the Senate do now adjourn to meet in Joint Session for a Joint Memorial Service, which motion prevailed, and at 2:50 p.m. the Senate adjourned.

Patricia Adam, Secretary