JOURNAL OF THE SENATE
FIFTEENTH DAY
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 31, 2000
The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Jim Sumner, followed by the Pledge of
Allegiance led by Senate page Athena Burnison.
Roll Call: All members present except Sens. Benson and Drake 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 fourteenth day and finds that the
following corrections shall be made:
On page 239, line 12, delete "Shoener" and insert "Staggers".
On page 239, line 15, delete "Kleven" and insert "Kloucek".
All other 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.
The oath of office was administered to Milo Smith, Assistant Sergeant-at-Arms, by the
President.
Which was subscribed to and placed on file in the office of the Secretary of State.
COMMUNICATIONS AND PETITIONS
January 31, 2000
Madam President and Members of the Senate:
I have the honor to inform you that I have approved SB 43, and the same has been
deposited in the office of the Secretary of State.
Respectfully submitted,
William J. Janklow
Governor
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration SB
189 which was tabled.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration SB
159 and 180 which were deferred to the 36th legislative day.
Respectfully submitted,
Harold Halverson, Chair
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration SB
107, which was reconsidered, and returns the same with the recommendation that said bill do
not pass.
Respectfully submitted,
M. Michael Rounds, Vice-Chair
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration SB
187 and returns the same with the recommendation that said bill be amended as follows:
187ob
On page
1
,
line
5 of the printed bill
,
after "
§
23A-27-13
"
insert "
for a felony offense
"
.
On page
1
,
line
6
,
delete "
may
"
and insert "
shall
"
.
On page
1
,
line
7
,
after "
1-26
"
insert "
unless the person has successfully completed the
probationary period imposed by the court
"
.
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
3 and SB 114 and 188 which were deferred to the 36th legislative day.
Respectfully submitted,
Harold Halverson, Chair
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 110
and returns the same with the recommendation that said bill be amended as follows:
110ra
On page
1
,
line
7 of the printed bill
,
after "
right-of-way.
"
insert "
A violation of this section
is a Class 1 misdemeanor.
"
.
On page
1
,
delete lines
8
to
17
, inclusive
.
On page
2
,
delete lines
1
to
16
, inclusive
.
On page
3
,
delete lines
3
to
8
, inclusive
.
110rb
On page
1
,
line
4 of the printed bill
,
delete "reckless disregard to the risk that another
person will be"
and insert "
the intent to cause bodily injury to another person
"
.
On page
1
,
delete line
5
.
On page
1
,
line
6
,
delete "
indifference to such risk
"
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 175
and returns the same with the recommendation that said bill be amended as follows:
175ra
On page
1
,
line
12 of the printed bill
,
delete "
shall
"
and insert "
is authorized to
"
.
On page
1
,
line
12
,
delete "
all
"
.
On page
1
,
line
12
,
after "
violations
"
delete "
of
"
.
On page
1
,
line
13
,
delete "
the Constitution of the State of South Dakota and of the laws
of this state,
"
.
On page
1
,
line
13
,
after "
and
"
insert "
unfair business practices, and where authorized by
law, bring enforcement actions. The division
"
.
On page
1
,
delete lines
15
and
16
.
On page
2
,
line
2
,
delete "
and the Division of Antitrust Enforcement
"
.
On page
2
,
line
2
,
delete "
investigate
"
.
On page
2
,
line
3
,
delete "
and
"
.
On page
2
,
line
9
,
after "
.
"
insert "
The provisions of
§
§
37-1-11.1 to 37-1-14.4, inclusive,
are applicable to investigations authorized under this section.
Section 4. That
§
37-1-11.3
be amended to read as follows:
37-1-11.3.
Any procedure, testimony taken, or material produced under
§
§
37-1-11.1 and
37-1-11.2 shall be kept confidential by the attorney general before bringing an action, and
during the action, against a person under this chapter for the violation under investigation,
unless confidentiality is waived in writing by the person being investigated and the person who
has testified, answered interrogatories, or produced material, or disclosure is authorized by the
court.
However, nothing prevents the attorney general from providing any testimony taken or
material produced to other state or federal officials who are charged with antitrust enforcement
and agree to abide by the provisions of this section or comparable provisions of state and federal
law.
"
175rta
On page
1
,
line
2 of the printed bill
,
after "
General
"
insert "
, to provide for investigation
and enforcement, and to amend investigation confidentiality requirements to allow state and
federal officials access
"
.
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 83
and returns the same with the recommendation that said bill be amended as follows:
83ra
On page
1
,
line
10 of the printed bill
,
delete "
and criminal
"
.
On page
1
,
line
12
,
delete "
further
"
and insert "
such
"
.
On page
2
,
line
8
,
delete "
and criminal
"
.
On page
2
,
line
10
,
delete "
further
"
and insert "
such
"
.
On page
2
,
line
11
,
delete "
and criminal
"
.
On page
2
,
line
13
,
delete "
further
"
and insert "
such
"
.
And that as so amended said bill do pass.
Respectfully submitted,
Fred Whiting, Chair
Also MADAM PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 57,
which was reconsidered, and returns the same with the recommendation that said bill do not
pass.
Respectfully submitted,
Keith Paisley, Chair
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 43 was delivered to
his Excellency, the Governor, for his approval at 10:20 a.m., January 31, 2000.
Respectfully submitted,
Harold Halverson, Chair
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1128, 1137, 1167, 1169, and 1204 which have
passed the House and your favorable consideration is respectfully requested.
Respectfully,
Karen Gerdes, Chief Clerk
SCR 4
Introduced by:
Senators Rounds and Hutmacher and Representatives Cutler and
Haley
A CONCURRENT RESOLUTION,
Requesting all South Dakota residents to be counted on
April 1, 2000, for the 2000 Census.
WHEREAS,
the 2000 Census is critical to South Dakota, and will take place on April 1,
2000; and
WHEREAS,
much has changed throughout South Dakota since the last Census in 1990; and
WHEREAS,
the census is vital to the entire State of South Dakota, in that it determines the
allocation of hundreds of millions of dollars in federal, state, tribal, and local funds for a variety
of very important programs for all South Dakotans, and is the basis for the redistricting of seats
in the South Dakota Legislature and other units of local government; and
WHEREAS,
the State of South Dakota is committed to partnering with the U.S. Census
Bureau in preparing for Census 2000; and
WHEREAS,
the State of South Dakota is resolved to achieve a full and complete count of
all South Dakota residents, including a special emphasis on individuals who may have been
undercounted traditionally, such as children, minorities, immigrants, American Indians, rural
residents, commuters, retired citizens, and others; and
WHEREAS,
the State of South Dakota has formed a Census 2000 Complete Count
Committee comprised of key leaders representing nearly every group in South Dakota:
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 Census 2000
and a complete count in South Dakota be declared a priority of the entire State of South Dakota,
and that the Legislature encourages all South Dakotans, all South Dakota communities and
groups, and the entire state to place an emphasis on a complete count of all South Dakotans in
Census 2000.
Was read the first time and referred to the Committee on State Affairs.
SCR 5
Introduced by:
Senators Dunn (Jim), Brown (Arnold), Halverson, Madden, Rounds,
Shoener, and Symens and Representatives Apa, Broderick, Crisp, Duenwald, Duniphan,
Engbrecht, Fryslie, Garnos, Hagen, Hanson, Heineman, Hennies, Jaspers, Juhnke, Kazmerzak,
Koskan, Lintz, McCoy, Napoli, Pummel, Sutton (Duane), Wilson, and Young
A CONCURRENT RESOLUTION,
Expressing opposition to certain federal forestry policies
and urging support of the Black Hills timber industry.
WHEREAS,
the State of South Dakota has 1,145,000 acres of national forests and 867,000
acres of national grasslands; and
WHEREAS,
the national forests and national grasslands are vitally important to the culture,
economy, and enjoyment of the people of South Dakota; and
WHEREAS,
the United States Forest Service is currently developing a revision of the Land
and Resource Management Plans for the national grasslands, a plan to "protect" all roadless and
unroaded areas in the National Forest System, a plan to prohibit off-highway vehicle travel in
the Custer National Forest, a new Strategic Plan for the National Forest System, and a revision
of the forest planning regulations; and
WHEREAS,
all of these plans are designed to reduce commodity outputs and motorized
recreation in the national forests and grasslands and to promote management for "pre-European"
conditions; and
WHEREAS,
the supervisor of the Black Hills National Forest has requested assistance from
the chief of the Forest Service in streamlining the analysis and implementation of a project to
control the mountain pine beetle epidemic west of Sturgis, and the chief has denied that request;
and
WHEREAS,
a federal district court in Illinois, ruling on a case brought by an environmental
special interest group in Indiana, issued an injunction in September of 1999 halting small timber
sales offered nationwide since September 16, 1998, that used categorical exclusions, and halting
the further use of categorical exclusions for small timber sales designed to salvage small areas
of dead and dying trees; and
WHEREAS,
the chief of the Forest Service's decision on an appeal of the revised forest plan
for the Black Hills National Forest will severely curtail the forest management and grazing
programs and will delay a decision on the mountain pine beetle Environmental Impact
Statement; and
WHEREAS,
adequate funding is critical to ensure the implementation of forest plans for
national forests and national grasslands in South Dakota:
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
Legislature of the State of South Dakota strongly supports the concept of multiple use and
strongly opposes a policy of managing the national forests and grasslands for "pre-European"
conditions; and
BE IT FURTHER RESOLVED,
that the Legislature of the State of South Dakota strongly
opposes national initiatives that undermine the role of the people who are directly affected by
decisions about the management of the national forests and grasslands; and
BE IT FURTHER RESOLVED,
that the Legislature of the State of South Dakota opposes
further analysis of roadless or unroaded areas in the national forests and grasslands of South
Dakota; and
BE IT FURTHER RESOLVED,
that the Legislature of the State of South Dakota supports
all possible and necessary steps to allow the projects to control the mountain pine beetle
epidemic in the Black Hills National Forest to proceed immediately; and
BE IT FURTHER RESOLVED,
that the Legislature of the State of South Dakota opposes
the proposed change in travel management from "open unless closed" to "closed unless open";
and
BE IT FURTHER RESOLVED,
that the Legislature of the State of South Dakota supports
whatever actions are necessary to eliminate the adverse effects of the chief of the Forest
Service's October 29, 1999, decision on the appeal of the forest plan revision; and
BE IT FURTHER RESOLVED,
that the Legislature of the State of South Dakota strongly
encourages the Congress of the United States to expeditiously pass legislation amending the
"National Environmental Protection Act" to allow small timber sales of the scale previously
allowed by the Forest Service under categorical exclusion to be exempted from environmental
assessment and impact statements to which larger timber sales are subjected; and
BE IT FURTHER RESOLVED,
that the Legislature of the State of South Dakota supports
full funding for the forest plans for the national forests and national grasslands within the State
of South Dakota.
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 report of the Standing Committee on
Taxation on SB 122 as found on page 236 of the Senate Journal be adopted.
Which motion prevailed and the report was adopted.
SECOND READING OF CONSENT CALENDAR ITEMS
Sen. Moore requested that SB 171 be removed from the Consent Calendar.
SB 94:
FOR AN ACT ENTITLED, An Act to
revise the procedure for the combined
description of lots or tracts assessed to the same person in the same block for tax purposes.
Was read the second time.
The question being "Shall SB 94 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Dennert; 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; Whiting
Excused were:
Benson; Daugaard; Drake
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 6:
FOR AN ACT ENTITLED, An Act to
provide for the increase of Class A employee
and employer contributions to the South Dakota Retirement System.
Was read the second time.
The question being "Shall SB 6 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; 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; Valandra; Vitter; Whiting
Nays were:
Symens
Excused were:
Benson; Drake
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 28:
FOR AN ACT ENTITLED, An Act to
provide payment of tuition costs to
education programs for students in governmental custody and to eliminate certain payments to
educational programs operated by public school districts.
Was read the second time.
Sen. Olson requested a fiscal note on SB 28.
Which motion prevailed.
Sen. Rounds moved that SB 28 be deferred until Wednesday, February 2, the 17th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 77:
FOR AN ACT ENTITLED, An Act to
regulate a manufacturer's right of first
refusal.
Was read the second time.
The question being "Shall SB 77 pass as amended?"
And the roll being called:
Yeas 30, Nays 2, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Duxbury; Everist;
Flowers; Frederick; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden;
Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter;
Whiting
Nays were:
Dunn (Rebecca); Staggers
Excused were:
Benson; Drake; Hainje
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 84:
FOR AN ACT ENTITLED, An Act to
regulate the ownership of motor vehicle
dealerships.
Was read the second time.
The question being "Shall SB 84 pass as amended?"
And the roll being called:
Yeas 29, Nays 2, Excused 4, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca);
Duxbury; Flowers; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden;
Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter;
Whiting
Nays were:
Everist; Staggers
Excused were:
Benson; Drake; Frederick; Hainje
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 164:
FOR AN ACT ENTITLED, An Act to
establish qualifications for substitute
teachers.
Was read the second time.
The question being "Shall SB 164 pass as amended?"
And the roll being called:
Yeas 20, Nays 11, Excused 4, Absent and Not Voting 0
Yeas were:
Albers; Brosz; Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Ham;
Hutmacher; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Symens;
Vitter
Nays were:
Bogue; Brown (Arnold); Daugaard; Frederick; Halverson; Kleven; Madden; Rounds; Shoener;
Staggers; Whiting
Excused were:
Benson; Drake; Hainje; 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 165:
FOR AN ACT ENTITLED, An Act to
allow a farm winery to hold an on-sale
retail license.
Was read the second time.
The question being "Shall SB 165 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Nays were:
Halverson
Excused were:
Benson; Drake
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 203:
FOR AN ACT ENTITLED, An Act to
provide for highway signs denominating
South Dakota as the Home of the Great Sioux Nations.
Was read the second time.
The question being "Shall SB 203 pass as amended?"
And the roll being called:
Yeas 27, Nays 6, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist;
Flowers; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David);
Olson; Paisley; Reedy; Rounds; Staggers; Symens; Valandra; Vitter; Whiting
Nays were:
Bogue; Dunn (Jim); Frederick; Halverson; Madden; Shoener
Excused were:
Benson; Drake
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.
There being no objection, the Senate reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 140
and 190 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 174
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 117
and returns the same with the recommendation that said bill be amended as follows:
117jb
On page
1
,
line
3 of the printed bill
,
delete everything after "
person
"
and insert "
under the
age of eighteen detained solely for a curfew violation may be strip-searched.
"
And that as so amended said bill do pass.
Also MADAM PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 161
and 179 which were deferred to the 36th legislative day.
Respectfully submitted,
Fred Whiting, Chair
FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1128:
FOR AN ACT ENTITLED, An Act to
revise certain bylaw and quorum
provisions regarding cooperatives.
Was read the first time and referred to the Committee on Judiciary.
HB 1137:
FOR AN ACT ENTITLED, An Act to
exempt real estate licensees from certain
sex offender notification provisions.
Was read the first time and referred to the Committee on Judiciary.
HB 1167:
FOR AN ACT ENTITLED, An Act to
create a rebuttable presumption that the
removal of certain property from the state without payment constitutes theft.
Was read the first time and referred to the Committee on Judiciary.
HB 1169:
FOR AN ACT ENTITLED, An Act to
revise the length of time during which
a county board of equalization may hear assessed valuation appeals.
Was read the first time and referred to the Committee on Local Government.
HB 1204:
FOR AN ACT ENTITLED, An Act to
allow for the increase of drainage permit
fees.
Was read the first time and referred to the Committee on Local Government.
Sen. David Munson moved that the Senate do now adjourn, which motion prevailed, and
at 3:54 p.m the Senate adjourned.