Joint Journal 01/26/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 26, 1999

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by Senate page Laura Zoss.

     Roll Call: All members present except Sen. Valandra 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 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 HALVERSON, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 37 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 24 was delivered to his Excellency, the Governor, for his approval at 9:53 a.m., January 26, 1999.

Respectfully submitted,
HAROLD HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 88 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 25 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 4 of the printed bill , delete " secretary of Building Authority, the " .

On page 2 , line 4 , after " Administration " delete " , " .

And that as so amended said bill do pass.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 93 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 71 and 91 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 77 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 Commerce respectfully reports that it has had under consideration SB 49 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , delete lines 9 to 21 of the printed bill , inclusive , and insert:

" Section 2. That § 62-4-34 be amended to read as follows:

62-4-34. If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury resulting in additional permanent partial or permanent total disability so that the degree or percentage of disability caused by the combination of the subsequent injury and the preexisting injury or condition is substantially greater than that which resulted from the last injury, considered alone, and if the employee is entitled to receive compensation on the basis of the combined disabilities, the employer shall pay all medical and hospital expenses and compensation provided by this title. The employer shall be reimbursed from the "subsequent injury fund" for two-thirds of all compensation, medical and hospital expenses paid to or on behalf of the injured employee due to the subsequent injury. If the subsequent compensable injury of the employee results in the death of the employee and it has been determined that the death would not have occurred except for the preexisting disability, the employer shall pay all compensation provided by this title. "

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 73, 83, and 85 which were deferred to the 41st legislative day.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1030 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education 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 Education respectfully reports that it has had under consideration SB 23 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 5 of the printed bill , remove the overstrikes from " ~~academic~~ " .

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

" Section 1. That § 13-27-3 be amended to read as follows:

13-27-3. A child shall be excused from school attendance, pursuant to § 13-27-2, because the child is otherwise provided with alternative instruction for an equivalent period of time, as in the public schools, in the basic skills of language arts and mathematics. The parent or guardian of the child shall identify in the application the place where the child will be instructed and any individual who will instruct the child. The individuals are not required to be certified. The secretary of the Department of Education and Cultural Affairs may investigate and determine whether the instruction is being provided. Failure to provide instruction is grounds for the school board, upon thirty days notice, to revoke the excuse from school attendance. The secretary of the Department of Education and Cultural Affairs may inspect the records of an alternative education program with fourteen days written notice if the secretary has probable

cause to believe the program is not in compliance with this section. The records to be inspected are limited to attendance and evidence showing academic progress.

No individual may instruct more than twenty-two children. All instructions shall be given so as to lead to a mastery of the English language. Children receiving alternative instruction who are in grades tested under the state testing program shall take a nationally standardized achievement test of the basic skills and an achievement test to assess writing skills . The ~~test~~ tests may be the ~~test~~ tests provided by the state and used in the public school district where the child is instructed or another nationally standardized achievement test of the basic skills and another achievement test to assess writing skills may be chosen by and provided at the expense of the child's parent, guardian, or school giving alternative instruction. The ~~test~~ tests may be monitored by the local school district where the child is instructed. "

On page 1 , line 1 of the printed bill , delete everything after " An Act to " and insert " require children receiving alternative instruction to take an achievement test to assess writing skills. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill be amended as follows:

On page 3 , after line 24 of the printed bill , insert:

" Section 16. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

Any person with a physical disability between the ages of fourteen to nineteen years old, inclusive, who is capable of learning to operate a motor vehicle, including a vehicle modified to be operated by a person with a physical disability, may enroll in any driver's education course offered pursuant to section 1 of this Act. The course, if necessary, shall train the student in the use of a vehicle modified for operation by a person with a physical disability and shall have available adequate equipment and personnel to accomplish such training. Any school district that provides training required pursuant to this section that results in costs in excess of the amount provided pursuant to section 8 of this Act shall be reimbursed for the excess costs from the amount set aside pursuant to § 13-37-40 for extraordinary expenses incurred in the provision of special education programs or services. "

On page 1 , line 10 of the printed bill , delete " between fourteen and nineteen years of age " and insert " who is a resident of South Dakota and is at least fourteen years of age and less than twenty years of age " .

And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

SIGNING OF BILLS

     The President publicly read the title to

     SB 37: FOR AN ACT ENTITLED, An Act to update references to certain federal regulations regarding the pipeline safety inspection program.

     And signed the same in the presence of the Senate.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 37 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1024, 1026, 1032, and 1050 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 3: A CONCURRENT RESOLUTION, Defending South Dakota's right to all funds to be received through the 1998 tobacco settlement.

Was read the second time.

Sen. Frederick moved that SCR 3 as found on page 128 and amended on page 154 of the Senate Journal be adopted.

     The question being on Sen. Frederick's motion that SCR 3 be adopted.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 3 was adopted.

Sen. Whiting moved that SB 102 be returned to the Committee on Judiciary.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 80 as found on page 174 of the Senate Journal; also

     Judiciary on SB 109 as found on page 173 of the Senate Journal; also

     Judiciary on SB 79 as found on page 174 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 134 Introduced by: Senators Brown (Arnold), Dunn (Jim), Flowers, Lawler, Madden, Rounds, and Whiting and Representatives Fischer-Clemens, Brooks, Brown (Richard), McCoy, Monroe, and Peterson

FOR AN ACT ENTITLED, An Act to require certain health plans to cover certain dental care services.

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

     SB 135 Introduced by: Senators Dennert, Duxbury, Kloucek, Moore, Staggers, and Symens and Representatives Weber, Brown (Jarvis), Duenwald, Lucas, Napoli, and Waltman

     FOR AN ACT ENTITLED, An Act to repeal the inheritance tax, to create an inheritance tax reduction fund, and to appropriate certain sales and use tax collections to the fund.

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

     SB 136 Introduced by: Senators Everist and Madden and Representatives Eccarius, Apa, Brown (Richard), Crisp, McCoy, Napoli, Peterson, Pummel, and Windhorst

     FOR AN ACT ENTITLED, An Act to provide for the establishment and funding of certain alternative schools and to exempt their employees from certain collective bargaining requirements.

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

     SB 137 Introduced by: Senators Halverson, Flowers, and Rounds and Representatives Diedtrich (Elmer), Engbrecht, Peterson, and Sutton (Daniel)

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance coverage for appurtenant property.

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

     SB 138 Introduced by: Senators Hainje, Brown (Arnold), Drake, and Lawler and Representatives Fiegen, Broderick, Cerny, Cutler, Eccarius, and Windhorst

     FOR AN ACT ENTITLED, An Act to provide limited liability for the use of automated external defibrillators.

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

SB 139 Introduced by: Senators Frederick, Benson, Dennert, Drake, Duxbury, Hainje, Hutmacher, Olson, and Rounds and Representatives Jaspers, Cutler, Fryslie, Haley, Kazmerzak, Lucas, and Waltman

FOR AN ACT ENTITLED, An Act to establish certain Legislative findings with regard to Article XXIX, section 1 of the Constitution.

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

     SB 140 Introduced by: Senators Moore and Madden and Representatives Haley, Diedrich (Larry), Hagen, and Munson (Donald)

     FOR AN ACT ENTITLED, An Act to make an appropriation to provide for an electronic voting machine in the senate chamber.

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

     SB 141 Introduced by: Senator Kloucek and Representatives Putnam and Wudel

     FOR AN ACT ENTITLED, An Act to appropriate money to replace the dam on Lake Henry.

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

     SB 142 Introduced by: Senators Symens, Benson, Drake, Dunn (Rebecca), Duxbury, Hutmacher, and Olson and Representatives Haley, Fischer-Clemens, and Putnam

     FOR AN ACT ENTITLED, An Act to revise the methods for purchase of prior service credit for the South Dakota Retirement System.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 143 Introduced by: Senators Symens, Benson, Brown (Arnold), Dunn (Rebecca), Hutmacher, Kloucek, and Olson and Representatives Crisp, Engbrecht, Hanson, Jaspers, Nachtigal, Sutton (Daniel), and Weber

     FOR AN ACT ENTITLED, An Act to establish the value added agricultural fund, to provide for its disbursement, and to increase certain sales and use taxes.

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

SB 144 Introduced by: Senators Halverson and Munson (David) and Representatives Brown (Richard), Chicoine, Diedrich (Larry), Koskan, and Pummel

FOR AN ACT ENTITLED, An Act to revise the definition of basic local exchange service for the purposes of regulating telecommunications services.

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

     SB 145 Introduced by: Senators Rounds, Brown (Arnold), Dunn (Jim), Duxbury, Lawler, and Moore and Representatives Roe, Davis, Fischer-Clemens, Garnos, Lockner, Lucas, Michels, Monroe, Munson (Donald), and Smidt

     FOR AN ACT ENTITLED, An Act to authorize the donation of annual leave by state employees in certain circumstances.

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

     SB 146 Introduced by: Senators Rounds, Brosz, Brown (Arnold), Frederick, Madden, Shoener, and Vitter and Representatives Monroe, Garnos, and Kazmerzak

     FOR AN ACT ENTITLED, An Act to revise the term of employment for a county highway superintendent.

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

     SB 147 Introduced by: Senators Rounds, Brown (Arnold), Dunn (Jim), Lawler, and Moore and Representatives Roe, Davis, Fischer-Clemens, Garnos, Lockner, Lucas, Michels, Monroe, Munson (Donald), and Smidt

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding longevity compensation for state employees.

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

     SB 148 Introduced by: Senators Kloucek, Dennert, Duxbury, Flowers, Hutmacher, Lange, and Moore and Representatives Chicoine, Cerny, Fischer-Clemens, Hanson, Kazmerzak, Lucas, Patterson, and Weber

     FOR AN ACT ENTITLED, An Act to establish a comprehensive health association to provide insurance coverage to eligible persons.

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

SB 149 Introduced by: Senators Halverson, Dennert, Dunn (Jim), Everist, Moore, Shoener, and Symens and Representatives Cutler, Broderick, Chicoine, and Jaspers

FOR AN ACT ENTITLED, An Act to require the establishment of a cost recovery method or mechanism for telecommunication companies to recover the cost of certain mandated services.

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

     SB 150 Introduced by: Senators Brosz, Everist, Flowers, Moore, and Whiting and Representatives Brown (Jarvis), Duniphan, and Slaughter

     FOR AN ACT ENTITLED, An Act to revise the elements of the crime of resisting arrest.

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

     SB 151 Introduced by: Senators Everist, Brosz, Brown (Arnold), Dennert, Dunn (Jim), Duxbury, Flowers, and Hutmacher and Representatives Broderick, Duniphan, Kazmerzak, and Koetzle

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prices for residential and business local exchange service that may be charged by certain telecommunications companies.

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

     SB 152 Introduced by: Senator Flowers and Representative Broderick

     FOR AN ACT ENTITLED, An Act to enact the Multistate Highway Transportation Agreement.

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

     SB 153 Introduced by: Senators Munson (David), Brosz, Dunn (Rebecca), Everist, Kloucek, Moore, Olson, Reedy, and Symens and Representatives Kooistra, Brooks, Crisp, Fischer-Clemens, Haley, Koetzle, Lucas, McIntyre, and Roe

     FOR AN ACT ENTITLED, An Act to revise and establish certain provisions related to recommendations for the settlement of labor disputes.

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

     SB 154 Introduced by: Senators Munson (David), Ham, and Vitter and Representatives Peterson and Waltman

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Public Utilities Commission implementation of the federal Telecommunications Act of 1996.

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

     SB 155 Introduced by: Senators Lange, Dennert, Dunn (Rebecca), Flowers, Lawler, Olson, Paisley, Reedy, and Staggers and Representatives Kazmerzak, Burg, Duenwald, Engbrecht, Hanson, Klaudt, Koehn, Koetzle, Kooistra, Lucas, McCoy, McIntyre, Patterson, Waltman, and Weber

     FOR AN ACT ENTITLED, An Act to prohibit advertising of the lottery.

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

     SB 156 Introduced by: Senators Hainje, Drake, Lawler, and Paisley and Representatives Cutler, Eccarius, and Lucas

     FOR AN ACT ENTITLED, An Act to restrict the placement of automated teller machines in the proximity of video lottery terminals.

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

     SJR 3 Introduced by: Senators Staggers, Albers, Brosz, Drake, Munson (David), Rounds, Vitter, and Whiting and Representatives Napoli, Brooks, Diedtrich (Elmer), Klaudt, McCoy, Monroe, Sebert, Slaughter, Sutton (Duane), and Windhorst

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article XI of the Constitution of the State of South Dakota to prohibit the taxation of income except on banks, financial corporations, and precious metals.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 72: FOR AN ACT ENTITLED, An Act to allow local governments to request a criminal record check of certain persons considered for employment.

Was read the second time.

     Sen. Rounds moved that SB 72 be laid on the table.

     The question being on Sen. Rounds' motion that SB 72 be laid on the table.

     And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter

Excused were:
Valandra; Whiting

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 72 was laid on the table.

SB 90: FOR AN ACT ENTITLED, An Act to allow the register of deeds to assist in the execution of United States passport applications.

Was read the second time.

     The question being "Shall SB 90 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; 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; Vitter; Whiting

Nays were:
Dunn (Jim)

Excused were:
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 94: FOR AN ACT ENTITLED, An Act to allow certain law enforcement officers or the Department of Social Services to take photographs, videotapes, or electronic images of a child if abuse or neglect is suspected.

Was read the second time.

     The question being "Shall SB 94 pass?"

     And the roll being called:

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

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

Nays were:
Dunn (Rebecca); Kloucek; Rounds

Excused were:
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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the minimum wage to be paid persons under twenty years of age.

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

HB 1026: FOR AN ACT ENTITLED, An Act to require a permanency hearing to be held if the court has determined that reasonable efforts are not appropriate, to require that the court determine a compelling reason exists when long-term foster care is proposed as a permanent plan, and to clarify what circumstances constitute long-term foster care for children adjudicated as abused or neglected.

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

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.

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

HB 1050: FOR AN ACT ENTITLED, An Act to revise the term, creditable coverage, with regard to health insurance policies and to clarify coverage for guarantee issue.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1034: FOR AN ACT ENTITLED, An Act to exempt the purchasing of natural gas from certain competitive bid requirements.

Was read the second time.

     The question being "Shall HB 1034 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Paisley; 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.

Sen. Kloucek moved that the Senate do now adjourn, which motion prevailed, and at 2:43 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary