Senate Journal 2/4/2008 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 4, 2008

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

The prayer was offered by the Chaplain, Rev. John Fette, followed by the Pledge of Allegiance led by Senate page Jennifer Adams.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the sixteenth 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,

Bob Gray, Chair

Which motion prevailed.

The oath of office was administered by the President to the following named persons:

Pages -- Jennifer Adams, Samantha Gerbracht, Michelle Kitterman, Rebecca Linneweber, Brooke Reiner, Angela Schram, Kasey Till, Ariel Watt, Cassandra Watt, Jeremy Wolbrink.

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 80 and returns the same with the recommendation that said bill be amended as follows:

80oa

On page 1, line 6, of the printed bill, delete "or any".

On page 1, line 7, delete everything before ";" .

On page 1, delete lines 13 and 14.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 126 and returns the same with the recommendation that said bill be amended as follows:

126ob

On page 3, line 10, of the Senate engrossed bill, after "term, current" insert "fair".

On page 3, line 16, after "for sale" insert "at the price established in section 4 of this Act".

On page 3, line 20, after "license" insert "at the price established in section 4 of this Act and".

On page 3, line 21, after "current" insert "fair market".

On page 3, line 22, after "county" insert "pursuant to section 4 of this Act".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 90 and 135 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1030, 1059, and 1119 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill be amended as follows:

1001ra

On page 1, line 4, of the printed bill, overstrike "hearing" and insert " a trial ".

On page 1, line 6, after " proceedings " insert " pursuant to subsection 15-6-38(b) ".

On page 1, line 6, overstrike "hearing" and insert " trial ".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 180 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

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

172aa

On page 1, line 4, of the Senate Judiciary committee engrossed bill, delete everything after "of" and insert "one million four hundred thousand dollars ($ 1,400,000 )".

On page 1, line 5, delete "($2,000,000)".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 197 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 132 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

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

164ja

On page 2, line 5, of the printed bill, delete " § 34-23A or 36-11-70" and insert "chapter 34- 23A or § 36-11-70".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 33 which was tabled.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 134 and 152 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1109 and returns the same with the recommendation that said bill be amended as follows:

1109bta

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

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 50 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 50 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1005, 1006, and1201 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 7 Introduced by: Senators McNenny, Abdallah, Albers, Duenwald, Garnos, Gray, Greenfield, Hansen (Tom), Lintz, Maher, and McCracken and Representatives DeVries, Bradford, Davis, Gilson, Gosch, Nelson, Noem, Vanneman, and Willadsen

A CONCURRENT RESOLUTION, Petitioning the United States Congress to repeal the REAL ID Act.

WHEREAS, the implementation of the REAL ID Act intrudes upon the states' sovereign power to determine their own policies for identification, licensure, and credentialing of individuals residing therein; and

WHEREAS, the REAL ID Act reverses policy set in South Dakota law removing the social security number requirement from driver licenses; and

WHEREAS, one page of the 428 page 9/11 Commission report that did not give consideration to identification issues, prompted Congress to pass the legislation which created the REAL ID Act, ignoring states' sovereignty and their right to self-governance; and

WHEREAS, the REAL ID Act constitutes an unfunded mandate by the federal government to the states; and

WHEREAS, the REAL ID Act will cost the states over $11 billion to implement according to a recent survey of forty-seven state licensing authorities conducted by the National Association of Motor Vehicle Administrators; and

WHEREAS, the REAL ID Act requires states to conform their processes of issuing driver licenses and identification cards to federal standards by May 2008; and

WHEREAS, the National Governors Association, the National Conference of State Legislatures, and the American Association of Motor Vehicle Administrators predict state compliance with the REAL ID Act provisions will require all of the estimated 245 million current driver license and identification card holders in the United States to renew their current identity documents in person by producing three or four identity documents, thereby increasing processing time and doubling wait time at licensing centers; and

WHEREAS, the use of identification-based security cannot be justified as part of a "layered" security system if the costs of the identification "layer"--in dollars, lost privacy, and lost liberty-- are greater than the security identification provides; and

WHEREAS, identification based security provides only limited security benefits because it can be avoided by defrauding or corrupting card issuers and because it gives no protection against people not already known to be planning or committing wrongful acts; and

WHEREAS, the requirement that states maintain databases of information about their citizens and residents and then share this personal information with all other states will expose every state to the information weaknesses of every other state and threaten the privacy of every American; and

WHEREAS, the REAL ID Act coerces states into doing the federal government's bidding by threatening to refuse noncomplying states' citizens the privileges and immunities enjoyed by other states' citizens; and

WHEREAS, Congress passed the REAL ID Act without a single hearing in either house and without an up-or-down vote in either house; and

WHEREAS, the REAL ID Act thus imposes a national identification system through the states, premised upon the threat to national security, but without the benefit of public debate and discourse; and

WHEREAS, on January 11, 2008, the Department of Homeland Security finally, over two years after the passage of the REAL ID Act, released the regulations to implement the REAL ID Act; and

WHEREAS, this late release of the regulations gives the state only three months to implement the regulations by May 2008, as required by the REAL ID Act, or to ask for an extension:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the REAL ID Act should be repealed by the United States Congress to avoid the significant problems it currently poses to state sovereignty, individual liberty, and limited government; and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, and the members of South Dakota's congressional delegation.

Was read the first time, the President waived the referral to committee, and placed SCR 7 on the calendar of Tuesday, February 5, the 18^th legislative day.

SCR 8 Introduced by: Senators McNenny, Albers, Gant, Hanson (Gary), Hauge, Katus, Lintz, McCracken, Napoli, Peterson (Jim), Schmidt (Dennis), and Sutton and Representatives Rhoden, Bradford, Brunner, Deadrick, DeVries, Dykstra, Halverson, Hargens, Howie, Jerke, Lucas, Noem, Novstrup (Al), Olson (Betty), Olson (Russell), Olson (Ryan), Rave, Street, Tidemann, Turbiville, Vanneman, and Willadsen

A CONCURRENT RESOLUTION, Opposing efforts in Congress to expand the jurisdiction of the federal Clean Water Act by revising the terms "navigable waters" and "waters of the United States".

WHEREAS, the Congress of the United States has taken up H.R. 2421 and S. 1870 which appear to broaden the scope of the jurisdiction of the federal Clean Water Act; and

WHEREAS, one change being sought through this legislation would remove from the Clean Water Act the term "navigable waters" and replace it with the term "waters of the United States"; and

WHEREAS, the term "waters of the United States" means that all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams, intermittent streams, mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of these waters, or activities affecting these waters, would be subject to the legislative power of Congress under the Clean Water Act; and

WHEREAS, H.R. 2421 creates unfunded mandates for states by increasing the number of waters subject to water quality standards, effluent limitation guidelines, the setting of total maximum daily loads, and expanding the permitting workload under various aspects of state-administered programs; and

WHEREAS, the proposed change in language may negatively impact local units of government in that the U. S. Army Corps of Engineers may be forced to review projects and applications for permits in greater numbers, which may also cause delay of permitting to local agencies. The Corps of Engineers currently faces a national backlog of nearly 30,000 permits under the present definition of waters, with an average time lapse of up to several years from submission to approval or denial of any individual permit; and

WHEREAS, the proposed change to the Clean Water Act will negatively affect both states and localities. The proposed changes could require that counties obtain Section 404 or 402 permits for all projects that would impact the "waters of the United States". Some areas that could be affected by the proposed change include man-made ditches, culverts and pipes; roads, curbs, and sidewalks; water and water transfer rights; routine maintenance and clean-up of debris in flood control channels; waste treatment systems and settling ponds; pesticide application, including mosquito abatement; and fire retardant sprays; and

WHEREAS, under H.R. 2421, even land that is mostly dry could potentially be considered a federally protected water of the United States and people placing clean fill on mostly dry land could be charged with a federal offense; and

WHEREAS, H.R. 2421 would vastly expand the Clean Water Act and increase the extent of federal government control over our lives and property. H.R. 2421 would usurp local and state authority in land use decision making and further erode the concept of federalism as a fundamental aspect of American government:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature opposes efforts in Congress to expand the application of the Clean Water Act by changing the definition in the Clean Water Act from "navigable waters" to "waters of the United States" and urges the defeat of H.R. 2421 and similar proposed federal legislation.

Was read the first time, the President waived the referral to committee, and placed SCR 8 on the calendar of Tuesday, February 5, the 18^th legislative day.

SCR 6: A CONCURRENT RESOLUTION, Recognizing the Boys and Girls Clubs of the South Dakota Alliance and commending the individuals, communities, and tribes that financially support the clubs.