JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION




NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 22, 2001

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

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by Senate page Sheila Mortensen.

     Roll Call: All members present except Sens. Larry Diedrich, Hagen, and Symens 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 eighth 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.
    The oath of office was administered by the President, Carole Hillard, to the following named persons:

    Pages -- Andriea Aden, Tina DeJong, Emily Dupraz, Sandra Fast Wolf, Tia Hilt, Sarah Johnson, Bethany Jost, Kara Kann, Emily Kerr, Amanda Moore, Sheila Mortensen, Amy Schueth, and Jody Veurink.

    Which were subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS


     The President introduced the 2000-2001 Easter Seals South Dakota Family, seven-year old Connor Fogal and his parents Teri and Russ Fogal, Ft. Pierre. They were accompanied by Pat Miller, CEO, Easter Seals South Dakota and Bob Blachford, Easter Seals Board of Directors President. They were escorted to the rostrum by Sen. de Hueck.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  79 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  83 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 76 and 82 and HB 1009 and 1010 and returns the same with the recommendation that said bills do pass.


Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 75 and 84 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Arlene H. Ham, Chair

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1049 and 1054 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 80 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Fred C. Whiting, Chair

Also MADAM PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SCR 2 and returns the same with the recommendation that said resolution be amended as follows:

c2ta
     On page 17 , line 33 of the Senate Journal, delete " surroundings. " and insert "surroundings; and

     BE IT FURTHER RESOLVED,  that copies of this resolution are to be forwarded to Senator Tom Daschle, Senator Tim Johnson, and Representative John Thune and that Senator Daschle, Senator Johnson, and Representative Thune are requested to brief the 2002 South Dakota Legislature on any progress or developments that have occurred at the national level on this issue."

     And that as so amended said resolution be adopted.

Respectfully submitted,
Ed Olson, Vice Chair


MESSAGES FROM THE HOUSE



MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1006, 1018, 1036, 1038, 1039, 1041, 1042, 1055, 1056, 1057, 1058, 1064, and 1071 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on SB 1 as found on page 102 of the Senate Journal ; also

     Agriculture and Natural Resources on SB 8 as found on page 101 of the Senate Journal ; also

     Taxation on SB 46 as found on page 101 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 94   Introduced by:  Senators Bogue, Duxbury, Koetzle, McCracken, Moore, Reedy, and Sutton (Dan) and Representatives Jaspers, Bartling, Hennies (Thomas), Jensen, Kloucek, McCaulley, Michels, Monroe, Nachtigal, Rhoden, Sebert, and Slaughter

       FOR AN ACT ENTITLED, An Act to   establish a statute of limitations for veterinary services.

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

     SB 95   Introduced by:  Senators Dennert, Apa, and Symens and Representatives Hundstad, Elliott, Frost, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise the requirements for delivery of certificate of title involving a used vehicle.


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

     SB 96   Introduced by:  Senators Dennert, Apa, and Symens and Representatives Elliott, Frost, Hundstad, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   reduce the capitalization rate for a nonagricultural acreage.

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

     SB 97   Introduced by:  Senators Koetzle, Dennert, Duxbury, Hagen, Hutmacher, McIntyre, Moore, Reedy, Sutton (Dan), and Symens and Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Elliott, Flowers, Gillespie, Glenski, Hanson (Gary), Hargens, Hundstad, Kloucek, Lange, Nachtigal, Nesselhuf, Peterson (Jim), Sigdestad, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for implied covenants of good faith and fair dealing in certain employment contracts.

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

     SB 98   Introduced by:  Senator Hutmacher and Representatives Nachtigal and Bartling

       FOR AN ACT ENTITLED, An Act to   establish certain penalties for failure to control weeds and pests.

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

     SB 99   Introduced by:  Senators Koskan and Dennert and Representatives Flowers and Jensen

       FOR AN ACT ENTITLED, An Act to   revise certain penalties concerning inspections, repairs, and maintenance to certain vehicles.

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

     SB 100   Introduced by:  Senators Hainje and Koetzle and Representatives Murschel and Hennies (Thomas)

       FOR AN ACT ENTITLED, An Act to   update the references to the building codes.

     Was read the first time and referred to the Committee on Local Government.



     SB 101   Introduced by:  Senators Staggers, Apa, and Koetzle and Representatives Teupel, Begalka, Hennies (Don), Kooistra, McCoy, and Monroe

       FOR AN ACT ENTITLED, An Act to   allow any sales and use tax paid to be deducted from the gross receipts to determine the contractors' excise tax.

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

     SB 102   Introduced by:  Senators Staggers, Brown (Arnold), Koetzle, McIntyre, and Sutton (Dan) and Representatives Clark, Begalka, Elliott, Hennies (Don), Kooistra, Lange, Madsen, Nesselhuf, Smidt, and Teupel

       FOR AN ACT ENTITLED, An Act to   provide that any Board of Regents' employee is eligible for longevity pay.

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

     SB 103   Introduced by:  Senators McCracken, de Hueck, Everist, Hutmacher, Munson, and Sutton (Dan) and Representatives Duniphan, Flowers, Konold, Lange, Olson (Mel), and Sebert

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the confidentiality of lottery records.

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

     SB 104   Introduced by:  Senator Staggers and Representatives Kooistra, Begalka, Peterson (Bill), and Van Gerpen

       FOR AN ACT ENTITLED, An Act to   provide that the spouse be appointed guardian in certain circumstances.

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

     SB 105   Introduced by:  Senator Staggers and Representative Nesselhuf

       FOR AN ACT ENTITLED, An Act to   prohibit inmate telephone charges.

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 15:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the appraisal of grazing and agricultural lands by the commissioner of school and public lands.

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

     Sen. Bogue moved that SB 15 be deferred to Wednesday, January 24, the 11th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 16:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the lease of common school, indemnity, and endowment lands.

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

     Sen. Bogue moved that SB 16 be deferred to Wednesday, January 24, the 11th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 61:   FOR AN ACT ENTITLED, An Act to   authorize the state historical society board of trustees to set fees for copies of the surveyor general's records and to provide for the disposition of such fees.

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

     Sen. Everist moved that SB 61 be referred to the Committee on Appropriations.

     Which motion prevailed and the bill was so referred.

     SB 7:   FOR AN ACT ENTITLED, An Act to   revise the dates for filing certain certificates of nomination.

     Was read the second time.

     The question being "Shall SB 7 pass as amended?"

     And the roll being called:


     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Excused:
Diedrich (Larry); Hagen; Symens

     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. 8.

MOTIONS AND RESOLUTIONS


     Sen. Everist moved that SB 96 be referred from the Committee on Agriculture and Natural Resources to the Committee on Taxation.

     Which motion prevailed and the bill was so referred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1006:   FOR AN ACT ENTITLED, An Act to   adjust the use of the capital outlay fund.

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

     HB 1018:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Health to establish a program for processing waiver requests for international medical graduates and to establish a fee for processing waiver requests.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1036:   FOR AN ACT ENTITLED, An Act to   prevent commercial drivers from operating commercial motor vehicles while the driver, the commercial motor vehicle, or the motor carrier operation is subject to an out-of-service order.

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



     HB 1038:   FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

     HB 1039:   FOR AN ACT ENTITLED, An Act to   subject certain health insurers to risk- based capital requirements.

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

     HB 1041:   FOR AN ACT ENTITLED, An Act to   require fraternal benefit societies to comply with managed care and advertising and solicitation statutes.

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

     HB 1042:   FOR AN ACT ENTITLED, An Act to   revise small employer health plan requirements by clarifying the definition of a small employer, exceptions to issuing a policy, rating provisions and minimum participation requirements, and by deleting obsolete references relating to basic and standard plans.

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

     HB 1055:   FOR AN ACT ENTITLED, An Act to   revise the time by which an annual identification fee must be paid by certain motor carriers.

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

     HB 1056:   FOR AN ACT ENTITLED, An Act to   increase the penalty for violation of certain fur dealer license requirements.

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

     HB 1057:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the law enforcement authority of conservation officers.

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

     HB 1058:   FOR AN ACT ENTITLED, An Act to   modify the daily and possession fish limits permitted for holders of a nonresident family fishing license.


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

     HB 1064:   FOR AN ACT ENTITLED, An Act to   clarify the law enforcement authority of conservation officers.

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

     HB 1071:   FOR AN ACT ENTITLED, An Act to   revise the time criterion for the termination of certain liens and encumbrances.

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

     Sen. McCracken moved that the Senate do now adjourn, which motion prevailed and at 2:30 p.m. the Senate adjourned.

Patricia Adam, Secretary