JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 22, 2001

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

     The prayer was offered by the Chaplain, Vicar Karl Bohmer, followed by the Pledge of Allegiance led by Senate page Steven Hofer.

     Roll Call: All members present except Sens. 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 thirtieth 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.
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Sen. Albers moved that the report of the Conference Committee on HB 1110 as found on page 616 of the Senate Journal be adopted.

     The question being on Sen. Albers' motion that the report of the Conference Committee on HB 1110 be adopted.

     And the roll being called:

     Yeas 30, Nays 0, Excused 4, Absent 0

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

     Excused:
Duxbury; Hagen; Staggers; Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried 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 9, 40, 42, 43, 46, 55, 62, 63, 124, 135, 139, 140, 145, 152, 161, 162, 168, 201, and 219 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1014, 1015, 1017, and 1231 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Bob Drake, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 146 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 149 which has been amended by the House and your concurrence in the amendments is respectfully requested.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1014 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1200 and 1216.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 9, 40, 42, 43, 46, 55, 62, 63, 124, 135, 139, 140, 145, 152, 161, 162, 168, 201, and 219 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     HCR 1008:   A CONCURRENT RESOLUTION,   Supporting mandatory country of origin labeling for agricultural products.

     Was read the second time.

     Sen. Arnold Brown moved that HCR 1008 be deferred to Friday, February 23, the 32nd legislative day.

     Which motion prevailed and the resolution was so deferred.

     Sen. Bogue moved that the Senate do concur in House amendments to SB 123.

     The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 123.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; Vitter; Volesky; Whiting

     Excused:
Hagen; Sutton (Dan); Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     HCR 1014:   A CONCURRENT RESOLUTION,   Urging awareness and support for reading and reading programs in our homes and communities.

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

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on Friday, February 23, the 32nd legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HB 1045 as found on page 616 of the Senate Journal ; also

     State Affairs on HB 1193 as found on page 617 of the Senate Journal ; also

     Judiciary on HB 1194 as found on page 600 of the Senate Journal ; also

     Local Government on HB 1199 as found on page 603 of the Senate Journal ; also

     Judiciary on HB 1202 as found on page 602 of the Senate Journal ; also

     State Affairs on HB 1280 as found on page 617 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1146:   FOR AN ACT ENTITLED, An Act to   create the position of state wildland fire coordinator and to transfer forest fire suppression activities from the state forester to the state wildland fire coordinator.

     Was read the second time.

     The question being "Shall HB 1146 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, Absent 0

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

     Excused:
Brosz; Daugaard; Hagen; Putnam; Sutton (Dan); Symens; 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.

     HB 1241:   FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of stalking to include certain forms of harassing communications.

     Was read the second time.

     The question being "Shall HB 1241 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, Absent 0

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

     Excused:
Brosz; Daugaard; Hagen; Putnam; Sutton (Dan); Symens; 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.

     HCR 1005:   A CONCURRENT RESOLUTION,   Recognizing February sixth as Kids Voting Day in South Dakota.

    Was read the second time.

     The question being "Shall HCR 1005 as found on page 381 of the House Journal be concurred in"?

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, Absent 0

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

     Excused:
Brosz; Daugaard; Hagen; Putnam; Sutton (Dan); Symens; Whiting

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared HCR 1005 concurred in.

     HCR 1013:   A CONCURRENT RESOLUTION,   Expressing support for aviation grade ethanol.

     Was read the second time.

     The question being "Shall HCR 1013 as found on page 472 of the House Journal be concurred in"?

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, Absent 0

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

     Excused:
Brosz; Daugaard; Hagen; Putnam; Sutton (Dan); Symens; Whiting

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared HCR 1013 concurred in.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     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 second time.

     The question being "Shall HB 1041 pass?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, 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); Reedy; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Staggers

     Excused:
Hagen; Putnam; 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.

     HB 1043:   FOR AN ACT ENTITLED, An Act to   authorize county commissioners and the state fire marshal to prohibit open burning.

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

     The question being "Shall HB 1043 pass as amended?"


     And the roll being called:

     Yeas 28, Nays 3, Excused 4, Absent 0

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

     Nays:
de Hueck; Koskan; Staggers

     Excused:
Diedrich (Larry); Hagen; Putnam; 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.

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

     Was read the second time.

     Sen. Koskan moved that HB 1173 be placed to follow HB 1277 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1201:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to trespass by buffalo and to specify the characteristics of legal fences for buffalo.

     Was read the second time.

     The question being "Shall HB 1201 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 4, Excused 5, Absent 0

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

     Nays:
Duxbury; Ham; Madden; Volesky


     Excused:
Brosz; Diedrich (Larry); Hagen; Putnam; 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.

     HB 1251:   FOR AN ACT ENTITLED, An Act to   assign a rebuttable presumption that certain electors are not qualified when signing petitions.

     Was read the second time.

     The question being "Shall HB 1251 pass?"

     And the roll being called:

     Yeas 27, Nays 3, Excused 5, Absent 0

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

     Nays:
Duxbury; Moore; Volesky

     Excused:
Bogue; Diedrich (Larry); Hagen; Putnam; 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.

     HB 1277:   FOR AN ACT ENTITLED, An Act to   repeal the requirement of a lien against the property of any land which is found to have an underground petroleum tank and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1277 pass?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent 0

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

     Nays:
Albers; de Hueck; Staggers

     Excused:
Hagen; Putnam; Symens

     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.

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

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

     The question being "Shall HB 1173 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, 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); Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Excused:
Drake; Hagen; Putnam; 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. 5.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1195 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill be amended as follows:

1073td

     On page 4, line 1 of the House engrossed bill, after " Board. " insert " The use of number freeze brands for herd identification is specifically exempt from this section. "

     And that as so amended said bill do pass.

Respectfully submitted,
Larry Diedrich, Chair

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1227 and 1291 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 HB 1294 and returns the same with the recommendation that said bill be amended as follows:

1294de

     On page 1, line 5 of the House engrossed bill, delete " one " and insert "three".

     On page 1 , line 6, delete " six " and insert "four".

     On page 1 , line 7, delete " three years after " .

     On page 1 , line 7, delete "of" and insert "after".
     On page 1 , line 8, after " consolidation. " insert "If two or more school districts consolidate after July 1, 2001, the new school district is entitled to two hundred dollars per average daily membership as defined in §  13-13-10.1, up to a maximum of four hundred average daily membership from each school district or partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001, the new school district is entitled to one hundred dollars per average daily membership as defined in §  13-13-10.1, up to a maximum of four hundred average daily membership from each school district or partial school district as it existed prior to consolidation for the third year after consolidation."

     And that as so amended said bill do pass.

Respectfully submitted,
Don Brosz, Chair

HONORED GUESTS


     The President introduced the Plumb Creek School students Joyela Fortune, Cody O'Dea, Trey Fortune, and Luke O'Dea and their teacher Jeanette Riedy who were instrumental in the introduction and passage of HB 1173. They were escorted to the rostrum by Sens. Brown and Koskan.

SIGNING OF BILLS


     The President publicly read the title to

     SB 9: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to landowner liability for injuries sustained on flooded land.

     SB 40: FOR AN ACT ENTITLED, An Act to  exempt from registration certain Canadian broker-dealers and the securities offered by them.

     SB 42: FOR AN ACT ENTITLED, An Act to  provide for the increase of certain fees for the cosmetology commission.

     SB 43: FOR AN ACT ENTITLED, An Act to  establish within the State Board of Chiropractic Examiners a disciplinary committee and an ethics committee and to authorize a fee for peer review.

     SB 46: FOR AN ACT ENTITLED, An Act to  authorize the department to issue direct payment permits in certain instances.

     SB 55: FOR AN ACT ENTITLED, An Act to  change the name of Union County State Park.


     SB 62: FOR AN ACT ENTITLED, An Act to  repeal certain penalties against persons teaching in nonpublic schools.

     SB 63: FOR AN ACT ENTITLED, An Act to  revise the definition of illegal substances for purposes of revoking or refusing to issue a certificate to a teacher or administrator.

     SB 124: FOR AN ACT ENTITLED, An Act to  allow for the deposit of certain funds and for the repayment of certain contracts relating to energy savings.

     SB 135: FOR AN ACT ENTITLED, An Act to  revise the grounds for the refusal, suspension, or revocation of certain veterinary medicine licenses and certificates.

     SB 139: FOR AN ACT ENTITLED, An Act to  clarify provisions relating to the eligibility of certain cooperative members to qualify as a director.

     SB 140: FOR AN ACT ENTITLED, An Act to  clarify certain provisions relating to the payment of taxes to municipalities from the revenues of electric cooperatives providing service within a municipality.

     SB 145: FOR AN ACT ENTITLED, An Act to  revise residency for the purposes of special education and to revise the distribution of state aid to special education.

     SB 152: FOR AN ACT ENTITLED, An Act to  revise certain vaccination and brucellosis testing provisions related to the importation of livestock.

     SB 161: FOR AN ACT ENTITLED, An Act to  regulate petroleum products containing methyl tertiary butyl ether.

     SB 162: FOR AN ACT ENTITLED, An Act to  permit farm wineries to hold an off-sale package wine license.

     SB 168: FOR AN ACT ENTITLED, An Act to  revise the provisions for issuing on-sale liquor licenses to resort facilities.

     SB 201: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the exemption of charitable gift annuities from insurance regulation.

     SB 219: FOR AN ACT ENTITLED, An Act to  permit municipalities to issue a temporary on-sale license during certain large events.

     HB 1019: FOR AN ACT ENTITLED, An Act to  revise certain requirements and fees regarding various agricultural related licenses, certificates, registrations, and inspections and to provide for the disposition of certain fees.

     HB 1020: FOR AN ACT ENTITLED, An Act to  revise certain dairy inspection fees.

     HB 1070: FOR AN ACT ENTITLED, An Act to  allow vendors to sell soft drinks or other concessions on school property.


     HB 1116: FOR AN ACT ENTITLED, An Act to  require that certain vehicles and equipment used for construction be registered.

     HB 1126: FOR AN ACT ENTITLED, An Act to  limit the application of implied consent in circumstances involving an arrest for vehicular homicide or vehicular battery.

     HB 1134: FOR AN ACT ENTITLED, An Act to  establish license requirements for well pump installers and well repairers.

     HB 1145: FOR AN ACT ENTITLED, An Act to  revise the circumstances under which certain arrests may be effected without a warrant.

     HB 1166: FOR AN ACT ENTITLED, An Act to  prohibit local regulation of certain motor vehicle exhaust brake systems.

     HB 1177: FOR AN ACT ENTITLED, An Act to  revise when certain assessments have to be paid before an assessment may be appealed.

     HB 1198: FOR AN ACT ENTITLED, An Act to  provide for a possessory lien on the contents of certain towed vehicles.

     HB 1205: FOR AN ACT ENTITLED, An Act to  provide for the licensing of certain real estate corporations and limited liability companies.

     HB 1223: FOR AN ACT ENTITLED, An Act to  clarify how the motor vehicle excise tax is calculated on certain leased vehicles.

     HB 1257: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the reimbursement of attorney fees by certain indigent defendants.

     HB 1265: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the payment of restitution by a defendant.

     HB 1274: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the operation of child welfare agencies and registered and unregistered family day care homes.

     HB 1275: FOR AN ACT ENTITLED, An Act to  revise the definition of custodian as it relates to child abuse or neglect.

     And signed the same in the presence of the Senate.

     Sen. Greenfield moved that the Senate do now adjourn, which motion prevailed and at 3:05 p.m. the Senate adjourned.

Patricia Adam, Secretary