Senate Journal 02/02/2001 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SIXTH SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 2, 2001

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

The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by Senate page Andriea Aden.

Roll Call: All members present except Sen. Hagen who was 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 seventeenth 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 18 and finds the same correctly enrolled.

Also MADAM PRESIDENT

The Committee on Legislative Procedure respectfully reports that SB 34, 35, 36, and 37 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 2, 1001.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 150 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 186 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 State Affairs respectfully reports that it has had under consideration SCR 4 and returns the same with the recommendation that said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1002 which was tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 2 and SB 122 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1001 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 HB 1080 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Dick Hainje, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 18 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1078.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1118, 1124, 1154, 1157, and 1173 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2 Introduced by: Senators Albers, Apa, Bogue, Brosz, Brown (Arnold), Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Hainje, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-sixth Legislature of the State of South Dakota to 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.

WHEREAS, the above named served loyally as pages for the Senate of the Seventy-sixth Legislative Session; and

WHEREAS, the members of the Seventy-sixth Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-sixth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Everist moved that Senate Page Resolution 2 be adopted.

The question being on Sen. Everist's motion that Senate Page Resolution 2 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Drake; Hagen

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

SCR 2: A CONCURRENT RESOLUTION, Urging the federal government to authorize and fund long-term health care on Indian reservations.

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

Sen. Albers moved that SCR 2 be deferred to Thursday, February 8, the 22^nd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on SB 11 as found on page 318 of the Senate Journal ; also

Transportation on SB 137 as found on page 320 of the Senate Journal ; also

Education on SB 145 as found on page 319 of the Senate Journal ; also

Commerce on SB 161 as found on page 321 of the Senate Journal ; also

Commerce on SB 162 as found on page 321 of the Senate Journal ; also

Commerce on SB 201 as found on page 321 of the Senate Journal ; also

Commerce on SB 217 as found on page 322 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Staggers requested that HB 1047 be removed from the Consent Calendar.

SB 126: FOR AN ACT ENTITLED, An Act to clarify the survey requirements for sanitary districts.

Was read the second time.

The question being "Shall SB 126 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Drake; Hagen

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.

HB 1013: FOR AN ACT ENTITLED, An Act to authorize commercial motor vehicle drivers to temporarily rest at interstate rest areas for a longer period of time.

Was read the second time.

The question being "Shall HB 1013 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Drake; Hagen

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

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

Sen. Hutmacher moved that SB 98 be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That chapter 38-22 be amended by adding thereto a NEW SECTION to read as follows:

Any owner, occupant, or other person who maintains or exercises control or management over land who is issued notice pursuant to § 38-22-17 or 38-22-18 for two consecutive years is guilty of a Class 2 misdemeanor. Any owner, occupant, or other person who maintains or exercises control or management over land on which the secretary of agriculture has conducted protective operations pursuant to § § 38-22-17 and 38-22-21 for two consecutive years is guilty of a Class 1 misdemeanor.

Section 2. That chapter 38-22 be amended by adding thereto a NEW SECTION to read as follows:

Any owner, occupant, or other person who maintains or exercises control or management over land who is issued a resolution by the county weed and pest board pursuant to § 38-22- 23.13 for two consecutive years is guilty of a Class 2 misdemeanor. Any owner, occupant, or other person who maintains or exercises control or management over land on which the county weed and pest board has performed remedial requirements pursuant to § 38-22-23.14 for two consecutive years is guilty of a Class 1 misdemeanor."

Which motion prevailed.

The question being "Shall SB 98 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
de Hueck; Koskan; Staggers

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 125: FOR AN ACT ENTITLED, An Act to clarify workers' compensation coverage for uncompensated volunteers and prisoners.

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

Sen. Whiting moved that SB 125 be further amended as follows:

On page 2, line 2 of the Senate Commerce Committee engrossed bill, delete " past " and insert " last ".

On page 2 , line 2, after " months " insert " of employment ".

Sen. Koetzle requested that Joint Rule 5-17 be invoked on SB 125.

Which request was supported and SB 125 with Sen. Whiting's pending motion to amend was deferred until Tuesday, February 6, the 20^th legislative day.

SB 47: FOR AN ACT ENTITLED, An Act to provide benefit improvements for certain members of the South Dakota Retirement System, to revise the provisions for the purchase of uncredited service by members of the system, and to request a plan to discontinue the Alternate A benefit calculation.

Was read the second time.

Sen. Larry Diedrich moved that SB 47 be further amended as follows:

On page 3 of the Senate Retirement Laws Committee engrossed bill, delete lines 14 to 16 , inclusive.

Sen. McIntyre requested a roll call vote.

Which request was supported.

The question being on Sen. Diedrich's motion that SB 47 be further amended.

And the roll being called:

Yeas 22, Nays 11, Excused 2, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Olson (Ed); Putnam; Staggers; Vitter; Whiting

Nays:
Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Munson; Reedy; Sutton (Dan); Symens; Volesky

Excused:
de Hueck; Hagen

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried.

The question being "Shall SB 47 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; 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; Whiting

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

The question being on the title.

Sen. Larry Diedrich moved that the title to SB 47 be amended as follows:

On page 1, line 3 of the Senate Retirement Laws Committee engrossed bill, delete ", and to request a plan to discontinue the Alternate A" and insert a "."

On page 1, delete line 4.

Which motion prevailed and the title was so amended.

SB 101: FOR AN ACT ENTITLED, An Act to require sales and use tax paid to be deducted from the gross receipts to determine the contractors' excise tax.

Was read the second time.

Sen. Hainje moved that SB 101 be referred to the Committee on Appropriations.

Sen. Bogue moved the previous question.

Which motion prevailed.

The question now being on Sen. Hainje's motion that SB 101 be referred to the Committee on Appropriations.

Sen. Staggers requested a roll call vote.

Which request was supported.

And the roll being called:

Yeas 20, Nays 13, Excused 2, Absent 0

Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Vitter

Nays:
Apa; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

Excused:
de Hueck; Hagen

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and SB 101 was referred to the Committee on Appropriations.

SB 105: FOR AN ACT ENTITLED, An Act to provide for a comprehensive study by the Corrections Commission of inmate telephone services at Department of Corrections institutions.

Was read the second time.

The question being "Shall SB 105 pass as amended?"

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Everist; Greenfield; Hainje; Hutmacher; Koetzle; McCracken; McIntyre; Moore; Munson; Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

Nays:
Apa; Bogue; Diedrich (Larry); Drake; Ham; Kleven; Koskan; Madden; Olson (Ed); Putnam; Vitter

Excused:
Hagen

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.

SIGNING OF BILLS

The President publicly read the title to

SB 18: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

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

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.

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

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding genetic testing and analysis in paternity cases.

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.

HB 1063: FOR AN ACT ENTITLED, An Act to revise the time required for removal of an ice house from public waters of the state and to revise the time that failure to remove the ice house is deemed abandonment.

HB 1067: FOR AN ACT ENTITLED, An Act to prohibit school boards from employing any person whose certificate has been revoked or suspended and to prohibit the suspension of a certificate under certain circumstances.

And signed the same in the presence of the Senate.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1118: FOR AN ACT ENTITLED, An Act to extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

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

HB 1124: FOR AN ACT ENTITLED, An Act to revise certain provisions related to township financial reports.

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

HB 1154: FOR AN ACT ENTITLED, An Act to clarify the application of certain driving privilege penalties with regard to juvenile adjudications.

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

HB 1157: FOR AN ACT ENTITLED, An Act to prohibit the keeping of a place where marijuana is used or distributed.

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

HB 1173: FOR AN ACT ENTITLED, An Act to establish South Dakota Statehood Day as a working holiday.

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

Sen. Everist moved that SB 124, 140, 169 and HB 1095 and 1069 be deferred to Monday, February 5, the 19^th legislative day.

Which motion prevailed and the bills were so deferred.

Sen. Bogue moved that the Senate do now adjourn, which motion prevailed and at 2:20 p.m. the Senate adjourned.

Patricia Adam, Secretary