Senate Journal 01/21/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 21, 1997

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

     The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by Senate page Jennifer McEntee.

     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 fifth day and finds that the following corrections should be made:

RE: SB 45

On page 64, after line 17, insert: "On page 1, line 2, after "organizations" insert "and to declare an emergency"."

RE: SB 81

On page 64, after line 30, insert:

"Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing

and Enrolling has carefully compared SB 81 and finds the same correctly engrossed.

Respectfully submitted,
HAROLD W. HALVERSON, Chair"

All other 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 W. HALVERSON, Chair

Which motion prevailed and the report was adopted.

HONORED GUESTS

The President introduced Miss Joanie Sedlacek, Tabor, Tabor Czech Days Queen, McKenzie Dvoracek, Springfield, Princess, Darren Kriz, Tyndall, Prince, and Miss Lolita Kotalik, Tabor, Miss South Dakota Czech-Slovak Queen.

CONSIDERATION OF APPOINTMENTS

The Senate proceeded to the consideration of the judicial appointment of Robert D. Hofer of Hughes, County, Pierre, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the judicial appointment of Robert D. Hofer, pursuant to the judicial message as found on page 33 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Drake

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 John R. Waltner of Hutchinson County, Freeman, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive appointment of John R. Waltner, pursuant to the executive message as found on page 30 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; 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 18 and 84 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 8 which was tabled.

Respectfully submitted,
JERRY J. SHOENER, Chair

MESSAGE FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1002: A CONCURRENT RESOLUTION, Urging the Secretary of the Navy to name the first of the fleet of new attack submarines of the Navy the "South Dakota."

    Sen. Olson moved that HCR 1002 as found on page 64 of the House Journal be concurred in.

     The question being on Sen. Olson's motion that HCR 1002 be concurred in.

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1002 was concurred in.

CONSIDERATION OF REPORT OF COMMITTEE

     Sen. Rounds moved that the report of the Standing Committee on

     Judiciary on SB 45 as found on page 64 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 101 Introduced by: Senators Lawler, Dennert, Hunhoff, Hutmacher, Paisley, Reedy, Staggers, and Symens and Representatives Cutler, Schaunaman, Sperry, and Waltman

     FOR AN ACT ENTITLED, An Act to provide for the payment of property taxes when a portion of the property has been purchased.

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

     SB 102 Introduced by: Senators Whiting, Dennert, Ham, and Munson (David) and Representatives Duniphan, Brosz, and Koetzle

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding street gang activity.

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

     SB 103 Introduced by: Senators Whiting, Dennert, Ham, and Munson (David) and Representatives Duniphan, Brosz, and Koetzle

     FOR AN ACT ENTITLED, An Act to increase the penalty for a driver of a motor vehicle who eludes a law enforcement officer.

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

     SB 104 Introduced by: Senators Everist, Olson, Shoener, and Whiting and Representatives Brown (Richard) and Barker

     FOR AN ACT ENTITLED, An Act to clarify the time when wages are due by the employer of a separated employee.

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

     SB 105 Introduced by: Senator Olson and Representative Fischer-Clemens

     FOR AN ACT ENTITLED, An Act to require each county to employ a building inspector.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Olson requested that SB 68 be removed from the Consent Calendar.

SB 1: FOR AN ACT ENTITLED, An Act to codify the legislation passed in 1996.

Was read the second time.

     The question being "Shall SB 1 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; 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.

SB 2: FOR AN ACT ENTITLED, An Act to classify certain crimes.

Was read the second time.

     The question being "Shall SB 2 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 4: FOR AN ACT ENTITLED, An Act to correct an omission in 1996 Senate Bill 225.

Was read the second time.

     The question being "Shall SB 4 pass?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Thompson; Valandra; Vitter; Whiting

Nays were:
Flowers; Hunhoff; Morford-Burg; 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 46: FOR AN ACT ENTITLED, An Act to expand the definition of sex crime for sex offender registration purposes.

Was read the second time.

The question being "Shall SB 46 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; 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.

SB 47: FOR AN ACT ENTITLED, An Act to revise the processing of certain genetic marker specimens.

Was read the second time.

Sen. Munson (David) moved that SB 47 be deferred until Wednesday, January 22, the 7th legislative day.

Which motion prevailed and the bill was so deferred.

COMMEMORATIONS

SC2 Introduced by: Senators Kloucek, Dunn (Rebecca), Halverson, Hunhoff, Hutmacher, Lange, and Staggers and Representatives Van Gerpen, Duxbury, Haley, Kazmerzak, Koetzle, Lucas, Moore, and Waltman

A LEGISLATIVE COMMEMORATION, Recognizing and commending the 49th Annual Czech Days celebration in Tabor, South Dakota.

WHEREAS, Czech Days celebrates the rich cultural heritage that the Czech immigrants transported from their homeland, and their descendants have consciously preserved the language, customs, dress, cuisine, and spirit of their immigrant ancestors; and

WHEREAS, this year's Czech Day's Royalty are; Queen Joanie Sedlacek, daughter of Ed and Tammy Sedlacek of Tabor; Prince Darren Kriz, son of David and Jill Kriz of Tyndall; Princess McKenzie Dvoracek, daughter of Gary and Michelle Dvoracek of Springfield; State of South Dakota Czech-Slovak Queen Lolita Kotalik, daughter of Arthur and Geraldine Kotalik of Tabor; and

WHEREAS, many fine attractions await those visiting the 49th Annual Czech Days, including the Czech Heritage Museum, Blachnik Museum, St. Wenceslaus Catholic Church, programs for adults and children in Sokol Park, live Czech music in Beseda Hall, and two beer gardens:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that the Legislature congratulates the Czech peoples of South Dakota for their outstanding traditional celebration, and invite all South Dakotans to participate in the 49th Annual Czech Days on June 20 and 21, 1997 in Tabor, South Dakota.

Sen. Everist moved that the Senate do now adjourn, which motion prevailed, and at 2:40 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary