JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



TWELFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 24, 2002

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

     The prayer was offered by the Chaplain, Father Hal Barber, followed by the Pledge of Allegiance led by Senate page Stacy Vogt.

     Roll Call: All members present except Sens. Moore and Whiting 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 eleventh 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 Health and Human Services respectfully reports that it has had under consideration SB 93 and returns the same with the recommendation that said bill be amended as follows:

93ma

     On page 1, line 3 of the printed bill, after " law, " insert "or performed in the state,".

     On page 1 , delete line 4 , and insert "shall be performed in a laboratory accredited by: (a) the College of American Pathologists or (b) any accreditation body approved".

     On page 1 , line 5, after " Services " insert "and which has requirements that are substantially equivalent to or more comprehensive than those of the college, and (c) is enrolled in a proficiency testing program sponsored by the College of American Pathologists or a substantially equivalent, or more comprehensive program".

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

Respectfully submitted,
Kenneth D. Albers, Chair

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 124 and returns the same with the recommendation that said bill be amended as follows:

124oa

     On page 1 of the printed bill, delete lines 4 to 12 , inclusive, and insert:

     "Section 1. That § 31-12-19 be repealed.

     31-12-19.   The board of county commissioners shall properly and adequately maintain the full maintenance roads on the county highway system within the county by contract or day labor on all or different portions of the system as the board of county commissioners deem expedient. The board shall maintain any federal-aid system highways according to any agreement made by it in consideration of federal aid received for construction and improvement of such highways. The board shall, at its first meeting each year, designate which county roads are full maintenance roads and which are minimum maintenance roads. The board of county commissioners may not designate any county road as minimum maintenance if such road is a school route or mail route. "


124ota

     On page 1, line 1 of the printed bill, delete " revise " and insert "repeal".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 164 and returns the same with the recommendation that said bill be amended as follows:

164ja

     On page 2, line 3 of the printed bill, after " Book " insert "or the National Automobile Dealers Association Marine Guide,".

     On page 2 , line 6, after " Book " insert "or the National Automobile Dealers Association Marine Guide,".

     On page 3 , line 2, after " Book " insert "or the National Automobile Dealers Association Marine Guide,".

     On page 4 , line 2, after " Book " insert "or the National Automobile Dealers Association Marine Guide,".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 97 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Drue J. Vitter, Chair

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  61 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  17 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 Education respectfully reports that it has had under consideration SB 16 and returns the same with the recommendation that said bill be amended as follows:

16ca
     On page 1, line 6 of the printed bill, delete " October " and insert "November".

16cc
     On page 1, line 13 of the printed bill, delete " with " and insert "which".

16cb
     On page 1, line 7 of the printed bill, delete " eight " and insert "seven".

     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  62 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Don Brosz, Chair

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 122 and 139 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Larry Diedrich, Chair
MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1002, 1074, 1079, 1103, 1106, 1110, 1122, and 1185 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Vitter moved that HB 1024 be referred from the Committee on Transportation to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.

     Yesterday, Sen. Hutmacher announced his intention to reconsider the vote by which SB 77 was lost.

     Sen. Hutmacher moved that the Senate do now reconsider the vote by which SB 77 was lost.

     The question being on Sen. Hutmacher's motion to reconsider the vote by which SB 77 was lost.

     And the roll being called:

     Yeas 16, Nays 17, Excused 2, Absent 0

     Yeas:
Apa; Dennert; Duxbury; Greenfield; Hagen; Hutmacher; Koetzle; Koskan; Madden; McIntyre; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Volesky

     Nays:
Albers; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Ham; Kleven; McCracken; Munson; Staggers; Vitter

     Excused:
Moore; Whiting

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


CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on SB 58 as found on page 184 of the Senate Journal ; also

     Commerce on SB 80 as found on page 185 of the Senate Journal ; also

     Commerce on SB 72 as found on page 185 of the Senate Journal ; also

     Judiciary on SB 19 as found on page 195 of the Senate Journal ; also

     Judiciary on SB 86 as found on page 196 of the Senate Journal ; also

     Judiciary on SB 101 as found on page 197 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1006:   FOR AN ACT ENTITLED, An Act to   revise the procedure for updating the voter registration file and to limit the use of the county voter registration file.

     Was read the second time.

     The question being "Shall HB 1006 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Moore; 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 1007:   FOR AN ACT ENTITLED, An Act to   revise certain election recount provisions.


     Was read the second time.

     The question being "Shall HB 1007 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Moore; 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 63:   FOR AN ACT ENTITLED, An Act to   repeal the restrictions placed on persons who have possessed, used, or distributed controlled substances or marijuana from participation in certain extracurricular activities or financial aid assistance.

     Was read the second time.

     Sen. Bogue moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 63 pass as amended?"

     And the roll being called:

     Yeas 14, Nays 19, Excused 2, Absent 0

     Yeas:
Daugaard; de Hueck; Dennert; Duxbury; Hagen; Ham; Hutmacher; Kleven; Koetzle; McIntyre; Reedy; Sutton (Dan); Symens; Volesky

     Nays:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Vitter

     Excused:
Moore; Whiting

     So the bill not having received an affirmative vote of a majority of the members present, the President declared the bill lost.

     Sen. McIntyre announced his intention to reconsider the vote by which SB 63 was lost.

     SB 91:   FOR AN ACT ENTITLED, An Act to   provide for DNA testing for certain inmates.

     Was read the second time.

     Sen. Staggers moved that SB 91 be deferred to Tuesday, January 29, the 16th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 111:   FOR AN ACT ENTITLED, An Act to   revise per diem for certain legislative committees and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 111 pass?"

     And the roll being called:

     Yeas 28, Nays 4, Excused 3, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Hagen; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky

     Nays:
Apa; Greenfield; Koskan; Staggers

     Excused:
Bogue; Moore; Whiting


     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 113:   FOR AN ACT ENTITLED, An Act to   provide for the state to transfer its reversionary interest in certain real estate in Lake County, commonly known as Camp Lakodia.

     Was read the second time.

     The question being "Shall SB 113 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Bogue; Moore; 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.

     There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1004.

Respectfully,
Karen Gerdes, Chief Clerk

     There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  51, 104, and 148 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 127 and returns the same with the recommendation that said bill be amended as follows:

127ja

     On page 1 of the printed bill, delete lines 13 to 15 , inclusive.

     On page 2 , delete lines 1 to 5 , inclusive.

     On page 2 , line 8, delete " 14 " and insert "13".

     On page 4 , line 2, delete " 3 " and insert "2".

     On page 4 , line 3, delete " 14 " and insert "13".

     On page 6 , line 3, delete " 14 " and insert "13".

     On page 6 , line 7, delete " 14 " and insert "13".

127jb

     On page 5, line 21 of the printed bill, after " services, " insert "and".

     On page 5 , line 23, delete " , and to establish any fees payable " and insert "."

     On page 5 , delete line 24 .

     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  106 which was deferred to the 36th Legislative Day.

Respectfully submitted,
David R. Munson, Chair
FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1002:   FOR AN ACT ENTITLED, An Act to   impose a gross receipts tax on certain visitor-related businesses.

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

     HB 1074:   FOR AN ACT ENTITLED, An Act to   repeal certain inheritance tax provisions and to re-enact a provision regarding access to a safe deposit box upon the death of a person having access.

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

     HB 1079:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to preferential deposits of financial institutions.

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

     HB 1103:   FOR AN ACT ENTITLED, An Act to   revise the license applications fees and renewal fees for real estate licensees.

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

     HB 1106:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the confidential nature of peer review activities of physicians.

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

     HB 1110:   FOR AN ACT ENTITLED, An Act to   consolidate the categories of real estate licenses.

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

     HB 1122:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding implied consent for withdrawal of bodily substances and chemical tests when operating a motor vehicle.

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

     HB 1185:   FOR AN ACT ENTITLED, An Act to   add a representative from the South Dakota Association of Weed and Pest Supervisors to the South Dakota Weed and Pest Control Commission

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1010:   FOR AN ACT ENTITLED, An Act to   permit certain direct recording electronic voting systems and to regulate the use of automatic tabulating equipment.

     Was read the second time.

     The question being "Shall HB 1010 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Bogue; Moore; 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.

SIGNING OF BILLS


     The President publicly read the title to

     HB 1012: FOR AN ACT ENTITLED, An Act to  implement the requirements of the national medical support notice regarding the collecting of child support.

     And signed the same in the presence of the Senate.

COMMEMORATIONS


     SC 8   Introduced by:  Senators Daugaard, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting and Representatives Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Davis, 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, Monroe, Murschel, Nachtigal, Napoli, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pitts, Rhoden, Richter, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Valandra, Van Etten, Van Gerpen, Van Norman, and Wick

         A LEGISLATIVE COMMEMORATION,  Commemorating the retirement of Fred Tully and recognizing him for his dedication and steadfast leadership to the Black Hills Children's Home and Children's Home Society of South Dakota for over two decades.

     WHEREAS,  in 1979, Fred Tully was named Program Director for Children's Home Society of South Dakota's West River Children's Center, now known as Black Hills Children's Home; and

     WHEREAS,  Fred has dedicated twenty-three years of service to Black Hills Children's Home and has been key to dramatic improvements in facilities and to significant development of the clinical program; and

     WHEREAS,  in the late 1980s, Fred was named Clinical Director of Children's Home Society of South Dakota and has since provided the benefit of his wisdom and experience to Children's Home Society statewide; and

     WHEREAS,  Fred is recognized among his peers as among the most skilled clinicians in South Dakota for the care and treatment of special needs children:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the retirement of Fred Tully be commemorated in the year 2002, and that he be recognized for his exemplary record of accomplishment and dedication to the needs of children in South Dakota.

     Sen. Ham moved that the Senate do now adjourn, which motion prevailed and at 3:28 p.m. the Senate adjourned.

Patricia Adam, Secretary