Senate Journal 01/12/2001 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SIXTH SESSION

FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 12, 2001

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Brandi Diedrich.

Roll Call: All members present except Sens. Duxbury, Koetzle, and Staggers 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 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,

Arnold M. Brown, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 41 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 38 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10 of the printed bill, after " child " insert " if application for the subsequent coverage is made within sixty-three days of the termination of the prior coverage ".

On page 2 , line 6, after " child " insert " if application for the subsequent coverage is made within sixty-three days of the termination of the prior coverage ".

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

On page 1, line 1 of the printed bill, delete " preformed " and insert "performed".

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

On page 1, line 6 of the printed bill, delete " person " and insert "broker".

On page 1 , line 14, delete " person " and insert "broker".

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 65 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 45 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Dick Hainje, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Robert D. Hofer of Pierre, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Daniel J. Nichols of Sioux Falls, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of James D. Sheridan of Huron, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Fred C. Whiting, Chair

CONSIDERATION OF 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 18, 2001, 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.

The memorial resolution shall be printed in the House and Senate Journals.

Respectfully submitted,                            Respectfully submitted,
Orville Smidt    Cheryl Madden
Clarence Kooistra    J.E. "Jim" Putnam
Gerald Lange    John Reedy
House Committee    Senate Committee

Sen. Madden moved that the report of the Joint-Select Committee relative to making arrangements for a Memorial Service for deceased former members of the Senate and House of Representatives be adopted.

Which motion prevailed and the report was adopted.

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 making arrangements for legislative days for members, officers, and employees of the House and Senate.

Also 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 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 fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-sixth Legislative Session.

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-sixth Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Everist moved that SB 6 and 7 be referred from the Committee on State Affairs to the Committee on Local Government.

Which motion prevailed and the bills were so referred.

Sen. Ham moved that the report of the Joint-Select Committee relative to securing chaplains for the Seventy-sixth Legislative Session as found on page 44 of the Senate Journal be adopted.

Which motion prevailed and the report was adopted.

Sen. Everist moved that a committee of three be appointed as a Senate Select Committee for the purpose of establishing the permanent Senate rules for the Seventy-sixth legislative Session.

Which motion prevailed and the President appointed as such committee Sens. Everist, Brown, and Hutmacher.

SCR 3 Introduced by: Senators Apa, Albers, Bogue, Brosz, Brown (Arnold), Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hainje, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting and Representatives Teupel, Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Davis, Derby, Duenwald, Duniphan,

Eccarius, Elliott, Flowers, Frost, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Kloucek, Koistinen, Konold, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Michels, Monroe, Murschel, Nachtigal, Napoli, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pitts, Pummel, Rhoden, Richter, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Van Etten, Van Gerpen, and Wick

A CONCURRENT RESOLUTION, Supporting the conversion of the underground mine and portions of the surface mining facilities at Homestake Mine in Lead, South Dakota, to a National Underground Science Laboratory operated by the South Dakota School of Mines and Technology for the National Science Foundation.

WHEREAS, the Homestake Mining Corporation has announced the closure of the Homestake Gold Mine in Lead, South Dakota; and

WHEREAS, the National Science Foundation has expressed a desire to establish a national laboratory in a deep underground facility; and

WHEREAS, such national laboratory would be utilized by the world-wide scientific community, principally for particle physics research; and

WHEREAS, the South Dakota School of Mines and Technology would operate the National Laboratory on behalf of the National Science Foundation:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that legislative support be expressed for the establishment of the Homestake National Underground Lab.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 67 Introduced by: Senators Diedtrich (Elmer) and Drake and Representatives Holbeck, Frost, Kooistra, Rhoden, Slaughter, and Sutton (Duane)

FOR AN ACT ENTITLED, An Act to allow a school district to deposit the proceeds from the sale of surplus property into its capital outlay fund.

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

SB 68 Introduced by: Senators Volesky and Hagen and Representatives Van Norman, Bradford, Nesselhuf, and Peterson (Jim)

FOR AN ACT ENTITLED, An Act to provide for the appointment of delegates from state tribal governments to the Legislature.

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

SB 69 Introduced by: Senators Volesky, Dennert, Duxbury, Hagen, Hutmacher, Koetzle, Moore, Reedy, Sutton (Dan), and Symens and Representatives Flowers, Hansen (Tom), and Van Norman

FOR AN ACT ENTITLED, An Act to appropriate money to the state fair.

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

SB 70 Introduced by: Senators Volesky, Dennert, Duxbury, Hagen, Hutmacher, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), and Symens and Representatives Van Norman and Bradford

FOR AN ACT ENTITLED, An Act to require certain statistics regarding traffic law enforcement to be collected and maintained.

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

SB 71 Introduced by: Senators Volesky, Hutmacher, McIntyre, and Sutton (Dan) and Representatives Hargens, Hundstad, Nachtigal, and Olson (Mel)

FOR AN ACT ENTITLED, An Act to revise the index factor in the state aid to education formula.

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

SB 72 Introduced by: Senators Volesky, Dennert, Hagen, Hutmacher, Koetzle, McIntyre, Reedy, and Symens and Representatives Van Norman and Hennies (Thomas)

FOR AN ACT ENTITLED, An Act to revise the crime of vehicular homicide.

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

SB 73 Introduced by: Senators Volesky and Koetzle and Representatives Van Norman and Bradford

FOR AN ACT ENTITLED, An Act to allow the use of marijuana for certain medical purposes.

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

There being no objection, the Senate reverted to Order of Business No. 6.

REPORTS OF SENATE SELECT COMMITTEES

MADAM PRESIDENT:

Your Select Committee appointed on Senate rules respectfully reports that it has had under consideration the Senate rules and recommends that the temporary Senate rules become the permanent Senate rules of the Seventy-sixth Legislative Session with the following exceptions:

S4-1. Standing committees. The presiding officer of the Senate shall announce the members of the following standing committees after their selection by the president pro tempore and the minority leader. The number of members is indicated after each committee:

    1. Agriculture and Natural Resources (9)
    2. Appropriations ~~(10)~~ (9)
    3. Commerce (7)
    4. Education (7)
    5. Government Operations and Audit ~~(3)~~ (5)
    6. Health and Human Services (7)
    7. Judiciary (7)
    8. Legislative Procedure (7)
    9. Local Government (7)
    10. Retirement Laws (5)
    11. State Affairs (9)
    12. Taxation (9)
    13. Transportation (7)

The president of the Senate is an ex officio member of the committee on legislative procedure.

Respectfully submitted,
Barbara Everist
Arnold Brown
Jim Hutmacher
Senate Select Committee

Sen. Madden moved that the Senate do now adjourn, which motion prevailed and at 1:20 p.m. the Senate adjourned.

Patricia Adam, Secretary