Senate Journal 01/27/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 27, 1998

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

     The prayer was offered by the Chaplain, Pastor Ron Burkhalter, followed by the Pledge of Allegiance led by Senate page Clarice Jones.

     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 tenth 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.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1031 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 Appropriations respectfully reports that it has had under consideration SB 28 which was deferred to the 36th legislative day.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , remove the overstrikes from lines 7 to 11 of the printed bill , inclusive .

On page 1 , line 11 , overstrike " , " and insert " is " .

On page 1 , line 12 , remove the overstrikes from " ~~diver-down flag~~ " .

On page 1 , line 13 , delete " shall mark the diver's location by the display of a diver-down " .

On page 1 , line 14 , delete " flag " .

On page 1 , line 15 , after " be " insert " clearly visible and " .

On page 2 , delete lines 2 to 7 , inclusive , and insert:

" Section 2. That § 42-8-44.2 be amended to read as follows:

42-8-44.2. No ~~mechanically powered~~ watercraft ~~or sailboat~~ under power with an internal combustion engine may be operated within the surface area described by such circle as prescribed by § 42-8-44.1, nor ~~shall~~ may any waterskiing or surfboarding or other surface activity potentially dangerous to ~~such~~ the diver be performed in the area described by ~~such~~ the

circle, except when ~~such~~ the craft or activity are a part of or related to ~~such~~ the diving activity. A violation of this section is a Class 2 misdemeanor. "

And that as so amended said bill 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 129 which was deferred to the 36th legislative day.

Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 140, 150, and 154 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 148, 168, and 181 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 Commerce respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 3 of the printed bill , after " under the " insert " exclusive " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 130 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 116 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 Transportation respectfully reports that it has had under consideration SB 117 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , after line 3 of the printed bill , insert " This section does not apply to agreements pertaining to the lease or sale of real property. " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 68 which was deferred to the 36th legislative day.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 137 and returns the same with the recommendation that said bill do pass and that the title be amended as follows:

On page 1 , line 1 of the printed bill , delete " a " and insert " an " .

Respectfully submitted,
Kermit Staggers, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1004 and 1007 which have been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1027, 1041, 1042, 1045, 1047, 1078, 1080, 1086, 1088, and 1098 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Rounds moved that the rules be suspended for the sole purpose of introducing and giving first reading to a bill relating to an appropriation for the Mickelson Scholars Program.

     The question being on Sen. Rounds' motion that the rules be suspended for the sole purpose of introducing and giving first reading to a bill relating to an appropriation for the Mickelson Scholars Program.

     And the roll being called:

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

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

Excused were:
Valandra

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the rules were suspended.

HCR 1004 : A CONCURRENT RESOLUTION, Urging the United States Senate to reject the Kyoto Protocol on global warming.

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

HCR 1007 : A CONCURRENT RESOLUTION, Urging awareness and support for reading and reading programs in our homes and communities.

Was read the first time and the President waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Local Government on SB 78 as found on page 189 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 238 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons.

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

     SB 239 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Governor

     FOR AN ACT ENTITLED, An Act to impose legal responsibility and tort liability for environmental damages caused by the negligent entrustment of livestock to another.

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

SB 240 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Governor

FOR AN ACT ENTITLED, An Act to prohibit certain discharges associated with livestock operations, to establish an environmental livestock cleanup fund, and to make an appropriation therefor.

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

     SB 241 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation for the Mickelson Scholars Program.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 86 : FOR AN ACT ENTITLED, An Act to authorize the adoption of certain federal poverty guidelines by administrative rule.

Was read the second time.

     The question being "Shall SB 86 pass?"

     And the roll being called:

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

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