Senate Journal 02/01/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 1, 2000

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

     The prayer was offered by the Chaplain, Reverend Gretchen Lord Anderson, followed by the Pledge of Allegiance led by Senate page Elizabeth Boos.

     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 fifteenth 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 Education respectfully reports that it has had under consideration SB 3 and 4 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 178 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 school term for " and insert " , the length of a school day, and the number of school days in a school week. The local school board or governing body shall establish the number of hours in the school term for kindergarten programs. The Board of Education shall promulgate rules pursuant to chapter 1-26 setting the minimum number of hours in the school term for grades one through three. The number of hours in the school term for grades four through twelve may not be less than nine hundred sixty-two and one-half hours, exclusive of intermissions. "

On page 1 , delete lines 8 and 9 .

On page 1 , line 10 , delete " inclusive, shall consist of at least one thousand hours, exclusive of intermissions. "

On page 2 , line 5 , overstrike " The local school board or governing body may establish the " .

On page 2 , line 6 , overstrike " school term for kindergarten programs. "

On page 2 , line 8 , after " three " insert " school " .

On page 2 , line 8 , after " up " overstrike " days " and insert " time " .

On page 2 , line 9 , after " ten " insert " school " .

On page 2 , line 9 , after " up " overstrike " days " and insert " time " .

On page 2 , line 10 , overstrike " days occur " and insert " time occurs " .

On page 2 , line 12 , after " a " insert " school " .

On page 2 , line 14 , overstrike " days " and insert " time " .

On page 2 , line 15 , overstrike " days " and insert " time " .

On page 2 , line 16 , overstrike " days " and insert " time " .

On page 2 , delete lines 21 to 25 , inclusive , and insert:

" Section 3. That § 13-26-2.1 be repealed.

13-26-2.1. Notwithstanding § § 13-26-1 and 13-26-2, each local school board may establish the length of a school day and the number of school days in a school week, provided the number of school hours in a school term for grades four through twelve may not be less than nine hundred sixty-two and one-half hours, exclusive of intermission. A plan to establish a school term pursuant to this section must first be approved by the South Dakota Board of Education. The state board may adopt rules, pursuant to chapter 1-26, regulating the approval of local district plans. "

On page 3 , delete lines 1 to 4 , inclusive .

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 2 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 § 13-32-9 be amended to read as follows:

13-32-9. Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana as defined in chapter 22-42 is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education and Cultural Affairs for one year unless such person agrees to such counseling or drug testing as the school district may prescribe. Upon a subsequent adjudication, conviction, or suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana by a court of competent jurisdiction, that person is ineligible to participate for one year in any extracurricular activity accredited by the Department of Educational and Cultural Affairs . Upon a second subsequent adjudication, conviction, or suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity while that person is attending any school accredited by the Department of Education and Cultural Affairs. Upon such a determination in any juvenile proceeding the Unified Judicial System shall give notice of that determination to the South Dakota High School Activities Association and the chief administrator of the school in which the person is enrolled.

As used in this section, the term, extracurricular activity, means any activity sanctioned by the South Dakota High School Activities Association. "

And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 118 which was deferred to the 36th legislative day.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 73 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 176 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 157 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill , delete lines 9 to 12 , inclusive .

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 173 and 72 which were tabled.

Respectfully submitted,
Jerry J. Shoener, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1061, 1092, 1096, 1155, 1193, 1198, 1199, and 1228 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 6 Introduced by: Senators Kloucek, Albers, Brown (Arnold), Dennert, Dunn (Rebecca), Flowers, Hutmacher, Lange, Moore, Olson, Reedy, Rounds, Staggers, and Valandra and Representatives Munson (Donald), Burg, Cerny, Chicoine, Davis, Duenwald, Engbrecht, Fischer-Clemens, Garnos, Juhnke, Kooistra, Lintz, Lockner, Michels, Monroe, Nachtigal, Napoli, Patterson, Putnam, Sebert, Sutton (Daniel), Weber, and Wudel

A CONCURRENT RESOLUTION, Urging the establishment of the Lewis and Clark Bicentennial Commemoration Commission.

WHEREAS, the bicentennial commemoration of the Lewis and Clark expedition will take place from 2004 through 2006. This event is expected to attract ten percent of the nation's population; and

WHEREAS, the Lewis and Clark Trail follows the Missouri River from its mouth to its source in the Rocky Mountains, to the mouth of the Columbia River, and back again. This route travels through the State of South Dakota for approximately three hundred sixty miles; and

WHEREAS, the various federal, state, tribal, county, and city agencies within South Dakota must work together to prepare for the expected increased visitation during the bicentennial; and

WHEREAS, South Dakota will host the 2001 annual meeting of the Lewis and Clark Trail Heritage Foundation that will showcase the state's resources to Lewis and Clark followers from across the nation, who will take the story of the state's hospitality and services back home. South Dakota is the only state along the trail route that does not have an established Lewis and Clark Bicentennial Commemoration Commission. All work toward this effort is currently being done by the Department of Tourism:

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 a Lewis and Clark Bicentennial Commemoration Commission be established within the state consisting of members from various federal, state, tribal, county, city, and private entities along the trail that will be impacted.

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

HCR 1002: A CONCURRENT RESOLUTION, Endorsing and supporting the equal pay for equal work law.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 83 as found on page 253 of the Senate Journal; also

     Judiciary on SB 110 as found on page 251 of the Senate Journal; also

     Judiciary on SB 117 as found on page 262 of the Senate Journal; also

     Judiciary on SB 175 as found on page 252 of the Senate Journal; also

     State Affairs on SB 187 as found on page 251 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

Sen. Staggers moved that the word "not" be stricken from the report of the Committee on Taxation on SB 57 as found on page 253 of the Senate Journal and that SB 57 be placed on tomorrow's calendar.

     The question being on Sen. Staggers' motion that the word "not" be stricken from the report of the Committee on Taxation on SB 57 and that SB 57 be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 9, Nays 26, Excused 0, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Flowers; Kleven; Kloucek; Lange; Staggers; Symens; Whiting

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Valandra; Vitter

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

     Sen. Kloucek moved that the word "not" be stricken from the report of the Committee on State Affairs on SB 107 as found on page 250 of the Senate Journal and that SB 107 be placed on tomorrow's calendar.

     The question being on Sen. Kloucek's motion that the word "not" be stricken from the report of the Committee on State Affairs on SB 107 and that SB 107 be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Staggers; Symens; Valandra

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 174: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of trusts and estates.

Was read the second time.

     The question being "Shall SB 174 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; 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 47: FOR AN ACT ENTITLED, An Act to provide special assessment authority to ambulance districts.

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

     The question being "Shall SB 47 pass?"

     And the roll being called:

     Yeas 24, Nays 10, Excused 1, Absent and Not Voting 0

     Yeas were:
Benson; Brosz; Brown (Arnold); Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Ham; Hutmacher; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Symens; Valandra; Vitter; Whiting

Nays were:
Albers; Bogue; Daugaard; Drake; Frederick; Halverson; Kleven; Rounds; Shoener; Staggers

Excused were:
Paisley

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

Was read the second time.

     The question being "Shall SB 171 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; 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; Whiting

Excused were:
Benson

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 122: FOR AN ACT ENTITLED, An Act to allow the Department of Revenue to suspend a motor vehicle license, title, or registration if the check used to pay for the motor vehicle's fees is dishonored, to require the department to issue credit to the county treasurer, and to revise the fee that political subdivisions may charge for dishonored checks.

Was read the second time.

     The question being "Shall SB 122 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0

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

Nays were:
Staggers

Excused were:
Daugaard; Duxbury

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 140: FOR AN ACT ENTITLED, An Act to increase certain liquidated court costs for indigent defense.

Was read the second time.

     The question being "Shall SB 140 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, 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; Valandra; Vitter; Whiting

Nays were:
Staggers

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

SB 190: FOR AN ACT ENTITLED, An Act to allow the electronic storage of public records.

Was read the second time.

The question being "Shall SB 190 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 (Jim); 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 (Rebecca)

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 1061: FOR AN ACT ENTITLED, An Act to define the assault of certain court employees as aggravated assault.

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

HB 1092: FOR AN ACT ENTITLED, An Act to provide for the regulation of home inspectors.

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

HB 1096: FOR AN ACT ENTITLED, An Act to assign liability for certain attempts to prevent or delay the control or eradication of weeds and pests.

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

HB 1155: FOR AN ACT ENTITLED, An Act to exempt certain not for hire livestock hauling activities from certain motor carrier and commercial vehicle requirements.

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

HB 1193: FOR AN ACT ENTITLED, An Act to clarify the authority of federally regulated charter bus service operators to provide charter bus services to schools.

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

HB 1198: FOR AN ACT ENTITLED, An Act to revise the definition of a material acquisition or disposition as it pertains to certain insurance disclosure requirements.

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

HB 1199: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to certain transactions between an insurer and an affiliate.

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

HB 1228: FOR AN ACT ENTITLED, An Act to clarify the effect of student suspension or expulsion on transfers.

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

SIGNING OF BILLS

     The President publicly read the title to

     HB 1013: FOR AN ACT ENTITLED, An Act to allow postsecondary technical institutes to refer debt collection to the Bureau of Administration.

     HB 1024: FOR AN ACT ENTITLED, An Act to revise certain boating and snowmobile accident reporting procedures.

     HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the nursing facility administrator licensure renewal and to provide for the reactivation of inactive license status.

     And signed the same in the presence of the Senate.

Sen. Shoener moved that the Senate do now adjourn, which motion prevailed, and at 2:48 p.m. the Senate adjourned.

Patricia Adam, Secretary