Senate Journal 02/06/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 6, 1997

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by Senate page Amanda Schlaht.

     Roll Call: All members present except Sen. Reedy 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,

HAROLD W. 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 James Sheridan of Beadle County, Huron, South Dakota, to the Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive appointment of James Sheridan, pursuant to the executive message as found on page 33 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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; Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Reedy; Staggers

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 Daniel Nicols of Minnehaha County, Sioux Falls, South Dakota, to the Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive appointment of Daniel Nicols, pursuant to the executive message as found on page 33 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

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

Excused were:
Frederick; Reedy; Staggers

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

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 38, 41, 78, 80, and 95 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1041 and 1042 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1064, 1072, and 1073 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 Judiciary respectfully reports that it has had under consideration SB 155 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 2 of the printed bill , after " ~~sentence~~ " insert " who is ultimately convicted of the crime for which confined " .

On page 2 , line 3 , after " prisoner's " insert " pretrial and postconviction " .

On page 2 , line 10 of the printed bill , delete " constitute " and insert " or waived constitutes " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 85 which was tabled.

Respectfully submitted,
FRED WHITING, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 151 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 163 and returns the same with the recommendation that said bill be amended as follows:

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

“ Section 1. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding the provisions of § 35-4-11.1, each county may issue one resort facility on- sale license for a resort facility constructed after July 1, 1997. For the purposes of this section, a resort facility is a facility located in a county with a population of less than two thousand persons and, in a bona fide manner, is used and kept open for hosting guests for compensation which has at least sixty rooms that are suitable for lodging and which has facilities for the preparation and serving of food for consumption on the premises. The resort facility license may be issued only if the licensee derives less than thirty-three percent of the licensee's gross receipts from the sale of alcoholic beverages on the premises where the license is held. For the purposes of this section, the term premises means one contiguous piece of real property on which sales are generated by the licensee. “

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 6 which was tabled.

Respectfully submitted,
JERRY SHOENER, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 186 and 210 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 Agriculture & Natural Resources respectfully reports that it has had under consideration SB 200 which was deferred to the 41st legislative day.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1003 and returns the same with the recommendation that said resolution be concurred in and placed on the consent calendar.

Respectfully submitted,
JIM DUNN, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1107, 1109, 1112, 1113, 1117, 1118, 1167, and 1169 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 18 and 26 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Jim Dunn moved that SB 55 be deferred until Friday, February 7, the 19th legislative day.

Which motion prevailed and the bill was so deferred.

     Sen. Whiting moved that the Senate do concur in the House amendments to SB 47.

     The question being on Sen. Whiting's motion that the Senate do concur in the House amendments to SB 47.

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent and Not Voting 0

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

Nays were:
Morford-Burg; Olson

Excused were:
Frederick; Halverson; Reedy

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. Dunn (Jim) moved that SB 242 be referred from the Committee on Judiciary to the Committee on Agriculture & Natural Resources.

Which motion prevailed and the bill was so referred.

Sen. Shoener moved that SB 220 be referred from the Committee on Commerce to the Committee on Local Government.

Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on SB 98 as found on page 319 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to Senate Rule 6-1, the President removed SB 192 from the Consent Calendar.

HB 1059 : FOR AN ACT ENTITLED, An Act to allow the Gaming Commission to delegate its authority to approve the transfer of certain license stamps between licensed gaming operators.

Was read the second time.

     The question being "Shall HB 1059 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting

Excused were:
Reedy; Valandra

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 1066 : FOR AN ACT ENTITLED, An Act to permit an election to be delayed under certain weather conditions.

Was read the second time.

The question being "Shall HB 1066 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting

Excused were:
Reedy; Valandra

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 205 : FOR AN ACT ENTITLED, An Act to authorize the use of photo radar equipment to identify motor vehicles violating limited speed zones in highway work areas.

Was read the second time.

Sen. Paisley moved the previous question.

Which motion prevailed.

     The question being "Shall SB 205 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Munson (David); Paisley; Rounds; Shoener; Symens; Vitter; Whiting

Nays were:
Drake; Flowers; Kloucek; Morford-Burg; Olson; Staggers; Thompson; Valandra

Excused were:
Reedy

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 207 : FOR AN ACT ENTITLED, An Act to limit the application of preexisting waiting periods for health insurance policies.

Was read the second time.

     The question being "Shall SB 207 pass as amended?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); 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; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Reedy

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 190 : FOR AN ACT ENTITLED, An Act to provide legislative approval of certain operations of the Sioux Falls/Regional Sanitary Landfill.

Was read the second time.

     The question being "Shall SB 190 pass?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent and Not Voting 0

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

Nays were:
Halverson; Thompson

Excused were:
Reedy; Valandra

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 141 : FOR AN ACT ENTITLED, An Act to revise the recall provisions for elected municipal officials.

Was read the second time.

     The question being "Shall SB 141 pass?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Flowers; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Munson (David); Paisley; Rounds; Shoener; Staggers; Symens; Vitter

Nays were:
Benson; Drake; Everist; Frederick; Hainje; Halverson; Johnson (William); Morford-Burg; Olson; Thompson; Valandra; Whiting

Excused were:
Reedy

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.

Sen. Rounds moved that SB 128 and 161 be deferred until Thursday, February 13, the 23rd legislative day.

Which motion prevailed and the bills were so deferred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1107 : FOR AN ACT ENTITLED, An Act to establish a fee for mailing or expressing commercial license plates or stickers.

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

HB 1109 : FOR AN ACT ENTITLED, An Act to revise the minerals and materials that may be mined under a mining license, to revise certain cement plant reporting requirements, and to revise the requirements for signatures on certain cement plant leases and conveyances.

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

HB 1112 : FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions regarding the denial, cancellation, suspension, and revocation of a driver license.

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

HB 1113 : FOR AN ACT ENTITLED, An Act increase the fees for certain documents recorded by the register of deeds.

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

HB 1117 : FOR AN ACT ENTITLED, An Act to authorize a county to create a depreciation reserve for capital acquisitions.

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

HB 1118 : FOR AN ACT ENTITLED, An Act to revise the municipal bid limits.

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

HB 1167 : FOR AN ACT ENTITLED, An Act to revise the purposes for which rural electric cooperatives may be organized.

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

HB 1169 : FOR AN ACT ENTITLED, An Act to revise certain conditions on collecting real property taxes upon a single-family dwelling.

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

There being no objection the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 183 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
KERMIT STAGGERS, Chair

SIGNING OF BILLS

     The President publicly read the title to

     SB 38: FOR AN ACT ENTITLED, An Act to repeal certain rule-making authority of the Department of Environment and Natural Resources and to revise certain rule-making authority of water development districts.

     SB 41: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund and to declare an emergency.

     SB 78: FOR AN ACT ENTITLED, An Act to revise license requirements for the sale of nonprescription drugs and repeal licensure requirements for the sale of household remedies.

     SB 80: FOR AN ACT ENTITLED, An Act to update and revise the Uniform Securities Act.

     SB 95: FOR AN ACT ENTITLED, An Act to revise the terms of service for members of the Commission on Judicial Qualifications.

     And signed the same in the presence of the Senate.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 7, the 19th legislative day.

Which motion prevailed.

Sen. Hainje moved that the Senate do now adjourn, which motion prevailed, and at 3:40 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary