Joint Journal 02/05/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

NINETEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 5, 1999

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Sherry Butt.

     Roll Call: All members present except Sens. Halverson, Madden, and Whiting who were 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 eighteenth 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,

M. MICHAEL ROUNDS, Vice-Chair

Which motion prevailed and the report was adopted.

There being no objection, the Senate proceeded to Order of Business No. 13.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1009: FOR AN ACT ENTITLED, An Act to require a managed care plan to have a medical director or director.

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

HB 1010: FOR AN ACT ENTITLED, An Act to provide certain protections for persons enrolled in managed care plans.

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

HB 1011: FOR AN ACT ENTITLED, An Act to provide covered persons in managed care plans with reasonable access to providers.

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

HB 1012: FOR AN ACT ENTITLED, An Act to provide utilization review of managed care plans.

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

HB 1013: FOR AN ACT ENTITLED, An Act to establish certain requirements regarding coverage of emergency medical services in managed care plans.

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

HB 1015: FOR AN ACT ENTITLED, An Act to revise certain election procedures for the formation of certain special districts and the election of directors, managers, or trustees.

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

HB 1056: FOR AN ACT ENTITLED, An Act to revise certain requirements for coordination of benefits of group health plans.

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

HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding mutually binding agreements between beer wholesalers and brewers, to revise a term relative to beer industry relationships, and to make provisions for malt beverage brand extensions.

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

HB 1134: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning weight and speed allowances for certain harvest vehicles.

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

HB 1135: FOR AN ACT ENTITLED, An Act to allow certain community-based primary health organizations to provide publicly funded dental services.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1183: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding consumer installment sales contracts.

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

HB 1186: FOR AN ACT ENTITLED, An Act to restrict access by minors to obscene materials on certain public access computers and to limit liability for certain related actions.

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

HB 1217: FOR AN ACT ENTITLED, An Act to revise the procedure for determining the period of time that has elapsed for a person who was previously convicted of driving under the influence.

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 30, 31, 43, 44, and 70 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., February 5, 1999.

Respectfully submitted,
M. Michael Rounds, Vice-Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 145 and returns the same with the recommendation that said bill be amended as follows:

o-145

On page 1 , delete lines 6 to 9 of the printed bill , inclusive , and insert:

" Any employee of the state may donate vacation leave to another state employee who meets all of the following criteria:

(1) The recipient employee will use the donated leave to care for the recipient employee's spouse, child, or parent who is terminally ill;

(2) The recipient employee's spouse, child, or parent is suffering from an acutely life threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally; and

(3) All leave benefits for which the recipient employee is eligible have been exhausted.

The total paid leave, including the donated vacation leave pursuant to this section, may not exceed twelve weeks annually per recipient employee. The donation shall be approved by the Bureau of Personnel under rules promulgated pursuant to chapter 1-26 by the Career Service Commission, including number of hours to be donated, confidentiality of a donation, definition of terminally ill, definition of life threatening illness or injury, criteria for determining employee eligibility to receive or donate leave and for prorating donated leave for part-time employees, and in compliance with the provisions of § § 3-6-6 and 3-6-6.1, and procedures for approval of the donation.

Section 2. That § 3-6-8.5 be amended to read as follows:

3-6-8.5. Any donation of leave pursuant to § 3-6-8.4 or section 1 of this Act may be restricted as follows:

(1) The donating employee may only donate leave to an employee who is at the same or lower paygrade as the donating employee;

(2) The donation may be denied based upon funding considerations within the agency, at the discretion of the commissioner. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

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

o-151

On page 1 , after line 13 of the printed bill , insert:

" Section 2. No telecommunications company may offer any promotion exempt from the provisions of § 49-31-86 more than twice in any calendar year. No telecommunications company may run any such promotions consecutively. No benefit from a promotion may be extended to any customer beyond the promotion period. "

o-151a

On page 1 , after line 13 of the printed bill , insert:

" Section 3. The exemption for promotions provided by section 1 of this Act is not effective until December 31, 2000, in the local exchange area of any facilities-based competitive local exchange carrier certified by the commission after July 31, 1998, that provides broadband network services throughout its local exchange area. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 6 and SB 215 which were deferred to the 41st legislative day.

Respectfully submitted,

M. Michael Rounds, Vice-Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 84 and returns the same with the recommendation that said bill be amended as follows:

f-84

On page 3 , line 20 of the printed bill , delete " before the year " .

On page 3 , line 20 , delete " of adjustment " and insert " in which the taxes are payable " .

F-84a

On page 2 , line 22 of the printed bill , overstrike " one thousand five hundred " and insert " two thousand " .

On page 3 , delete lines 14 to 19 , inclusive .

F-84b

On page 3 , after line 19 of the printed bill , insert " Section 2. The effective date of this Act is July 1, 2000. "

f-84t

On page 1 , line 1 of the printed bill , delete " provide an index factor to " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 100, 123, and 163 which were tabled.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 129 which was deferred to the 41st legislative day.

Respectfully submitted,
Keith Paisley, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1009, 1010, 1011, 1012, 1013, 1015, 1056, 1107, 1134, 1135, 1183, 1186, and 1217 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2: Introduced by: Senators Albers, Benson, Bogue, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebecca), Duxbury, Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hutmacher, Kleven, Kloucek, Lange,

Lawler, Madden, Moore, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Symens, Valandra, Vitter, and Whiting

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy- fourth Legislature of the State of South Dakota to Amy Benning, Sherry Butt, Stephanie Dummann, Laura Jarding, Anna Kerner, Tiffany Larson, Jeffrey Roby, Justin Stephens, Lindsey Wagner, Monica Witcher, and Laura Zoss.

WHEREAS, the above named served loyally as pages for the Senate of the Seventy-fourth Legislature; and

WHEREAS, the members of the Seventy-fourth Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fourth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each on this last day of service.

     Sen. Rounds moved that Senate Page Resolution 2 be adopted.

     The question being on Sen. Rounds' motion that Senate Page Resolution 2 be adopted.

    And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Excused were:
Halverson; Madden; Whiting

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

HCR 1001: A CONCURRENT RESOLUTION, Declaring 1999 the Year of Agriculture.

Was read the second time.

     Sen. Benson moved that HCR 1001 as found on page 27 of the House Journal be concurred in.

     The question being on Sen. Benson's motion that HCR 1001 be concurred in.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

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

Excused were:
Frederick; Halverson; Madden; Whiting

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1001 was concurred in.

SCR 6: A CONCURRENT RESOLUTION, Instructing the Board of Trustees of the South Dakota Retirement System to study the possibility of raising rates of contribution.

    Was read the second time.

     Sen. Rounds moved that SCR 6 as found on page 211 of the Senate Journal be adopted.

     The question being on Sen. Rounds' motion that SCR 6 be adopted.

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent and Not Voting 0

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

Nays were:
Drake

Excused were:
Halverson; Madden; Whiting

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 6 was adopted.

SCR 7 Introduced by: Senators Vitter, Benson, Ham, Kleven, Madden, and Shoener and Representatives McCoy, Derby, Duniphan, Hennies, Lintz, and Monroe

A CONCURRENT RESOLUTION, Supporting National Forest and Grasslands Land and Resource Management Plans in South Dakota.

WHEREAS, the United States Forest Service is currently revising their strategic plan in order to comply with the Government Performance and Results Act of 1993, thereby being held accountable to Congress for their budget and activities; and

WHEREAS, the United States Forest Service has requested public input on their draft strategic plan; and

WHEREAS, South Dakota's national forests and grasslands have all completed land and resource management plans, which include an analysis of the issues and the ecological capabilities of the forests and grasslands; and

WHEREAS, the successful management of South Dakota's national forests and national grasslands is critical to the welfare and stability of the people, communities, and local governments of South Dakota:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the United States Forest Service Strategic Plan should include full implementation of National Forest and National Grasslands Land and Resource Management Plans as its highest priority; and

BE IT FURTHER RESOLVED, that the United States Forest Service Performance Plan should ensure that agency managers and employees are committed to full implementation of the Land and Resource Management Plans and to meeting annual budgeted targets; and

BE IT FURTHER RESOLVED, that the United States Forest Service should ensure that the needs of rural communities that are affected most heavily by national forest and national grassland management are given consideration in Forest Service decision-making that is commensurate with the degree to which they are affected by those decisions; and

BE IT FURTHER RESOLVED, that the United States Forest Service should request, and Congress should annually provide, the necessary funding to fully implement National Forest and National Grasslands Land and Resource Management Plans.

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

SCR 8 Introduced by: Senators Dennert, Benson, Bogue, Daugaard, Flowers, Hutmacher, Kloucek, Lange, Lawler, Reedy, Symens, and Valandra and Representatives Burg, Apa, Cutler, Duenwald, Hagen, Haley, Jaspers, Kazmerzak, Lucas, Nachtigal, Sutton (Daniel), Waltman, and Weber

A CONCURRENT RESOLUTION, Expressing opposition to the proposed merger between Cargill, Incorporated and Continental Grain Corporation.

WHEREAS, American Livestock Producers currently face unprecedented challenges to their ability to earn their livelihood; and

WHEREAS, many of the problems that livestock producers face are the result of anti- competitive pricing and marketing practices, as well as an increasing degree of concentration and vertical integration in the livestock and meat packing industries, by large-scale meat packing corporations; and

WHEREAS, it is extremely important that independent producers have confidence that there is real competition when they begin to make production and marketing decisions for their livestock; and

WHEREAS, a merger has been proposed between Cargill, Incorporated, an international farm and food processor, and Continental Grain Corporation, a worldwide grains company; and

WHEREAS, the proposed merger between Cargill and Continental continues the trend of small producers and family farmers being adversely affected by the operations of giant corporations and exacerbates problems caused by diminishing levels of competition in the agriculture; and

WHEREAS, rapid consolidation in every sector of agriculture has had negative impacts for family farmers and ranchers:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature strongly urges the United States Congress, the United States Department of Justice, and the United States Department of Agriculture to investigate the proposed merger between Cargill, Incorporated, and Continental Grain Corporation for possible antitrust violations and other adverse impacts on the agricultural economy and to place a moratorium on further mergers of agricultural businesses until a study of net farm income and an investigation of the proposed mergers can be completed.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Transportation on SB 172 as found on page 333 of the Senate Journal; also

     Commerce on SB 194 as found on page 331 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to Senate Rule 6-1, the President removed HB 1052 and 1040 from the Consent Calendar.

SB 179: FOR AN ACT ENTITLED, An Act to clarify the notification date requirements in the nonrenewal of certain teacher contracts.

Was read the second time.

     The question being "Shall SB 179 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Excused were:
Halverson; Madden; 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 246: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the service of a summons.

Was read the second time.

The question being "Shall SB 246 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, 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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Excused were:
Halverson; Madden; 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.

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain motor carrier regulations and to increase motor carrier eligibility for single trip permits.

Was read the second time.

     The question being "Shall HB 1037 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Excused were:
Halverson; Madden; 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 161: FOR AN ACT ENTITLED, An Act to classify certain manufactured homes as real property for property tax purposes, to establish a procedure for bringing taxes current and issuing certain permits, and to establish certain penalties.

Was read the second time.

Sen. Rounds moved that SB 161 be deferred until Tuesday, February 9, the 21st legislative day.

Which motion prevailed and the bill was so deferred.

SB 99: FOR AN ACT ENTITLED, An Act to provide special assessment authority to ambulance districts and to declare an emergency.

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

     The question being "Shall SB 99 pass?"

     And the roll being called:

     Yeas 19, Nays 12, Excused 4, Absent and Not Voting 0

     Yeas were:
Brosz; Daugaard; Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Symens; Valandra; Vitter

Nays were:
Albers; Bogue; Brown (Arnold); Drake; Dunn (Jim); Everist; Frederick; Hainje; Ham; Kleven; Shoener; Staggers

Excused were:
Benson; Halverson; Madden; Whiting

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost.

Sen. Symens announced his intention to reconsider the vote by which SB 99 was lost.

Sen. Shoener now presiding.

SB 87: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the annual property tax bill.

Was read the second time.

Sen. Ham moved that SB 87 be deferred until Monday, February 8, the 20th legislative day.

Which motion prevailed and the bill was so deferred.

Sen. Rounds moved that SB 102, 120, 156, 171, 188, 193, 221 and 240, and HB 1088 and 1058 be deferred until Monday, February 8, the 20th legislative day.

Which motion prevailed and the bills were so deferred.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1035 and 1036.

Respectfully,
KAREN GERDES, Chief Clerk

SIGNING OF BILLS

     The President publicly read the title to

     HB 1032: FOR AN ACT ENTITLED, An Act to revise the causes for which a teacher's certificate may be revoked or suspended and to declare an emergency.

     HB 1061: FOR AN ACT ENTITLED, An Act to revise the provisions exempting certain persons from service as jurors.

     And signed the same in the presence of the Senate.

Sen. Drake moved that the Senate do now adjourn, which motion prevailed, and at 1:55 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary