Senate Journal 01/27/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 27, 2000

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

     The prayer was offered by the Chaplain, Reverend Darlene "Red Elk" Meyers, followed by the Pledge of Allegiance led by Senate page Bud Jerke.

     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 twelfth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SCR 1 and returns the same with the recommendation that said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 112 and 113 which were tabled.

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 88 which was deferred to the 36th legislative day.

Respectfully submitted,
Jim B. Dunn, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 78 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 165 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 35-12 be amended by adding thereto a NEW SECTION to read as follows:

The holder of a farm winery license may also hold on the premises where the wine is produced, an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) and subject to the quota established in § 35-4-11 or 35-4-11.1. "

On page 1 , line 1 of the printed bill , delete everything after " Act to " and insert " allow a farm winery to hold an on-sale retail license. "

On page 1 , delete lines 2 and 3 .

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 77 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 16 of the printed bill , delete " if " and insert " of " .

On page 2 , line 15 of the printed bill , delete everything after " refusal " and insert " . "

On page 2 , delete lines 16 and 17 .

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 84 and returns the same with the recommendation that said bill be amended as follows:

On page 3 , line 2 of the printed bill , after " franchisor. " insert " The department may not grant more than two extensions. "

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 171 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 9 of the printed bill , after " fees " insert " actually paid " .

On page 1 , line 11 , delete " changes " and insert " charges " .

And that as so amended 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 121 which was tabled.

Respectfully submitted,
Jerry J. Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 172 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 1013 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 164 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , delete " a fifteen hour " and insert " an " .

On page 1 , line 7 , delete everything after " that " and insert " includes, but is not limited to the following areas: " .

On page 1 , delete line 8 .

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 28 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the printed bill , delete " nonpublic " .

On page 1 , line 7 , overstrike " who " and insert " when the educational program is not operated by a public school district and the students " .

On page 1 , line 11 , delete " at either a public " .

On page 1 , line 12 , delete " or a private school " .

On page 1 , line 1 of the printed bill , delete " nonpublic " .

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 102 and 204 which were deferred to the 36th legislative day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1024 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 203 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 11 of the printed bill , delete " Lakota " and insert " Sioux " .

On page 1 , line 12 , delete " LAKOTA " and insert " GREAT " .

On page 1 , line 2 of the printed bill , delete " Lakota " and insert " Great " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SCR 2 and returns the same with the recommendation that said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 158 which was deferred to the 36th legislative day.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 17 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 Retirement Laws respectfully reports that it has had under consideration SB 6 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , delete everything after " compensation " .

On page 1 , line 7 , after " compensation " insert " through June 30, 2002, and six percent of compensation after June 30, 2002; " .

On page 1 , delete lines 8 to 16 , inclusive .

On page 2 , delete lines 1 and 2 .

And that as so amended said bill do pass.

Respectfully submitted,
Kenneth D. Albers, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1045, 1054, 1060, 1064, 1100, 1101, 1118, 1149, and HJR 1001 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 3 Introduced by: Senators Kleven, Albers, Benson, Bogue, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebecca), Duxbury, Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hutmacher, Kloucek, Lange, Lawler, Madden, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Symens, Valandra, and Vitter and Representatives Fitzgerald, Apa, Broderick, Brooks, Brown (Jarvis), Brown (Richard), Burg, Cerny, Chicoine, Clark, Crisp, Cutler, Davis, Derby, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Duniphan, Earley, Eccarius, Engbrecht, Fiegen, Fischer-Clemens, Fryslie, Garnos, Hagen, Haley, Hanson, Heineman, Hennies, Hunt, Jaspers, Juhnke, Kazmerzak, Klaudt, Koehn, Koetzle, Konold, Kooistra, Koskan, Lintz, Lockner, Lucas, McCoy, McIntyre, McNenny, Michels, Monroe, Munson (Donald), Nachtigal, Napoli, Patterson, Peterson, Pummel, Putnam, Richter, Roe, Sebert, Slaughter, Smidt, Solum, Sutton (Daniel), Sutton (Duane), Volesky, Waltman, Weber, Wetz, Wilson, Wudel, and Young

A CONCURRENT RESOLUTION, Recognizing the Family and Consumer Sciences Departments and their role in parenting and human development education.

WHEREAS, there is a long-standing and well-documented need in South Dakota regarding education for our youth in the area of parenting and strong, healthy, family relationships; and

WHEREAS, in South Dakota schools there are now one hundred and three vocationally approved Family and Consumer Science Departments with one hundred and twenty-four vocationally certified teachers; and

WHEREAS, the Family and Consumer Sciences Departments have acknowledged their role in parenting and human development education and now have thirty-five schools with seven hundred and seventy-eight students enrolled in a human development course and fifty-three schools offering parenting courses with nine hundred and nine students enrolled and twenty-five schools offering family relations courses with three hundred and fifty-seven students enrolled; and

WHEREAS, additionally there are twenty-one Family and Consumer Science Departments currently involved in the statewide Child Development Association Certification/Articulation Project with those schools located in Belle Fourche, Bennett County, Bison, Brookings, Elkton, Emery, Faith, Flandreau Public, Lake Andes, Lake Central-Madison, Sturgis, Mitchell, Parkston, Rapid City Central, Rapid City Stevens, Sioux Falls Lincoln, Sioux Falls Roosevelt, Sioux Falls Washington, Spearfish, Todd County, and Wall; and

WHEREAS, the Governor of the State of South Dakota has endorsed parenting courses and development of strong, healthy, family relationships:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fifth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the efforts of the Family and Consumer Science Departments of South Dakota's schools to teach our youth the skills of positive parenting and human development be endorsed and applauded by this body with a pledge for continuing support; and

BE IT FURTHER RESOLVED, that the Legislature recognizes and commends those parents who are now and have always strived to use good parenting skills.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 138 as found on page 200 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 HB 1027 from the Consent Calendar.

SB 147: FOR AN ACT ENTITLED, An Act to revise the Uniform Probate Code with regard to the duties of the court representative.

Was read the second time.

     The question being "Shall SB 147 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; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting