JOURNAL OF THE SENATE

SEVENTY-FIFTH  SESSION




FOURTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 14, 2000

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by Senate page Jessica Amdahl.

     Roll Call: All members present except Sen. Whiting 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 third 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 State Affairs respectfully reports that it has had under consideration SJR 1 and returns the same with the recommendation that said resolution do pass.



Also MADAM PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 11 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 1, 21, and 32 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 SB 22 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 Judiciary respectfully reports that it has had under consideration SB 30 and returns the same with the recommendation that said bill be amended as follows:

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     On page 1 , line 7 of the printed bill , overstrike " felony or " .

     On page 1 , line 8 , before " or " insert " 41-9-1.2, " .

     On page 1 , line 10 , after " game " insert " or game fish " .

     On page 2 , line 8 , delete " or " .

     On page 2 , line 9 , after " ; " insert " or " .
     On page 2 , between lines 9 and 10 , insert:

             "(5)    Two or more big animals, except turkeys; "

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     On page 2 , line 18 of the printed bill , delete " five " and insert " fourteen " .

     And that as so amended said bill do pass.

Respectfully submitted,
Dennis Daugaard, Vice Chair

Also MADAM PRESIDENT:

     The Committee on Taxation respectfully reports that it has had under consideration SB 8 and returns the same with the recommendation that said bill do pass.



Also MADAM PRESIDENT:

     The Committee on Taxation respectfully reports that it has had under consideration SB 9 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 Taxation respectfully reports that it has had under consideration SB 7 and returns the same with the recommendation that said bill be amended as follows:

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     On page 1 , after line 10 of the printed bill , insert:

    "Section 2. This Act is effective on November 1, 2000."


     And that as so amended said bill do pass.

Respectfully submitted,
Keith Paisley, Chair


REPORTS OF JOINT-SELECT COMMITTEES


MADAM PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House and Senate respectfully reports that they recommend that the Senate and House of Representatives recess and convene in the House Chamber at 3:00 p.m. on Thursday, January 20, 2000, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the Senate and House of Representatives.

    A short program will follow the introduction of the Memorial Resolution. At the conclusion of the Memorial Service, the Senate will retire to the Senate Chamber and continue with its regular order of business.

Respectfully submitted,                     Respectfully submitted,
J.E. "Jim" Putnam    Jerry J. Shoener
Carol E. Fitzgerald    Keith W. Paisley
William F. Cerny    Gerald Lange
House Committee    Senate Committee

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-fifth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with full power to act.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of securing chaplains for the Seventy-fifth Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk
     There being no objection, the Senate reverted to Order of Business No. 6.

REPORTS OF JOINT-SELECT COMMITTEES

MADAM PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives, respectfully reports:

    That the Senate and House convene in Joint Session in the chamber of the House of Representatives at 3:00 p.m., January 18, 2000.

    That the Joint Session is called to hear a report by the Governor and appropriate support staff concerning the topics of juvenile corrections and the tobacco settlement money.

    That the President of the Senate and the Speaker of the House of Representatives shall preside jointly, and the Secretary of the Senate and the Chief Clerk of the House of Representatives shall act as clerks of the Joint Session.

    That the members of the House and Senate may ask questions of the Governor regarding the topics discussed.

    That a brief report of the Joint Session proceedings be printed in the Senate and the House journals.

Respectfully submitted,    Respectfully submitted,
Steve Cutler    M. Michael Rounds
Scott Eccarius    Barbara Everist
Pat Haley    Mel Olson
House Committee    Senate Committee

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Commerce on SB 33 as found on page 36 of the Senate Journal be adopted.

    Which motion prevailed and the reports were adopted.


CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

     Sen. Rounds moved that the report of the Joint-Select Committee relative to the joint rules as found on page 31 of the Senate Journal be adopted.

     There being no objection, the Senate proceeded to Order of Business No. 10.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 48   Introduced by:  Senators Dunn (Rebecca), Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Hainje, Ham, Hutmacher, Lange, Lawler, Madden, Moore, Munson (David), Olson, Paisley, Reedy, Shoener, Symens, Vitter, and Whiting and Representatives Eccarius, Apa, Broderick, Burg, Davis, Diedtrich (Elmer), Duenwald, Duniphan, Earley, Garnos, Hanson, Hennies, Kazmerzak, Kooistra, Lockner, McIntyre, Weber, and Young

       FOR AN ACT ENTITLED, An Act to   establish the crime of criminal exposure to HIV and to provide a penalty therefor.

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

     SB 49   Introduced by:  Senators Staggers, Ham, Kloucek, Lange, Madden, and Shoener and Representatives Brooks, Cerny, McCoy, Monroe, Napoli, and Slaughter

       FOR AN ACT ENTITLED, An Act to   authorize certain doctoral graduates to teach without teaching certificates.

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

     SB 50   Introduced by:  Senators Staggers, Dennert, Duxbury, Kloucek, Lange, and Shoener and Representatives Klaudt, Apa, Burg, Cerny, Kooistra, Monroe, Slaughter, and Sutton (Daniel)

       FOR AN ACT ENTITLED, An Act to   exempt certain funeral services and expenses from sales and use tax.

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

     SB 51   Introduced by:  Senators Bogue, Daugaard, Everist, and Olson and Representatives Michels, Brown (Richard), and Hunt


       FOR AN ACT ENTITLED, An Act to   provide for the waiver or compromise of unpaid inheritance tax under certain circumstances.

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

     SJR 2   Introduced by:  Senators Staggers, Brosz, Drake, Munson (David), and Vitter and Representatives Napoli, Brooks, Diedtrich (Elmer), Klaudt, McCoy, Monroe, Sebert, and Sutton (Duane)

       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.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES
(continued)

     The question now being on Sen. Rounds' motion that the report of the Joint-Select Committee relative to the joint rules 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; Valandra; Vitter

     Excused were:
Whiting

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 34:   FOR AN ACT ENTITLED, An Act to   eliminate differential treatment between insurance licensees and to allow monetary penalties in lieu of licensure denial.

    Was read the second time.



     The question being "Shall SB 34 pass?"

    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; Valandra; Vitter

     Excused were:
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 37:   FOR AN ACT ENTITLED, An Act to   change the expiration period for certain temporary cosmetology permits.

    Was read the second time.

     The question being "Shall SB 37 pass?"

     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; Valandra; Vitter

     Excused were:
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 35:   FOR AN ACT ENTITLED, An Act to   provide for additional grounds for an order of ineligibility for a surplus lines insurer.



    Was read the second time.

     The question being "Shall SB 35 pass?"

     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; Valandra; Vitter

     Excused were:
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 40:   FOR AN ACT ENTITLED, An Act to   revise certain water supply and treatment system operator certification provisions to comply with the requirements of the federal Safe Drinking Water Act.

    Was read the second time.

     The question being "Shall SB 40 pass?"

     And the roll being called:

     Yeas 32, Nays 1, 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; Symens; Vitter

     Nays were:
Staggers

     Excused were:
Valandra; 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.



MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to the joint rules for the two houses for the ensuing session.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS


     SC 5   Introduced by:  Senator Vitter and Representative Lintz

A LEGISLATIVE COMMEMORATION,  Honoring the memory of former state Senator and     Representative William "Bill" Hustead.

     WHEREAS,  few South Dakotans have served their nation, state, and community with more diligence and distinction than William "Bill" Hustead who, in addition to six years of service in the South Dakota Legislature where he sat on the Executive Board of the Legislative Research Council and chaired the Transportation Committee, was appointed to chair the South Dakota Transportation Commission and was repeatedly elected to the Wall City Council; and

     WHEREAS,  Bill worked tirelessly with his father, Ted, his wife and high school sweetheart, Marjorie, his sons and daughters, and the other members of the Hustead family to build Wall Drug into not only a highly successful business but a tourist destination synonymous with the Badlands of South Dakota; and

     WHEREAS,  Bill's passing on October 4, 1999, at the age of seventy-two, is universally mourned by his family, his employees, the members of his church and community, and his wide range of friends and acquaintances:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fifth Legislature of the State of South Dakota, that Bill Hustead's memory be honored for his many accomplishments and that his legacy be perpetuated in Wall Drug and the many other manifestations of his interest, friendship, and achievement.

     Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Saturday, January 15, the 5th legislative day.

     Which motion prevailed.

     Sen. Benson moved that the Senate do now adjourn, which motion prevailed, and at 2:44 p.m. the Senate adjourned.

Patricia Adam, Secretary