JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



THIRTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 19, 2002

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

     The prayer was offered by the Chaplain, Rep. Bill Van Gerpen, followed by the Pledge of Allegiance led by Senate page Laura Daugaard.

     Roll Call: All members present except Sen. Larry Diedrich 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 twenty-ninth 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.
HONORED GUESTS


     The President introduced Carrie Gonsor, Pierre, a first term page who was chosen to be a 2002 Olympic torchbearer representing South Dakota. She was escorted to the rostrum by Sen. de Hueck.

COMMUNICATIONS AND PETITIONS


February 15, 2002

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved Senate Bills 9, 10, 11, 12, 13, 15, 16, 18, 23, 24, 25, 26, 27, 28, 30, 31, 34, 37, 38, 39, 40, 44, 45, 50, 51, 52, 53, 122, 123, 129, and 170, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Kelly Wheeler of Hughes County, Pierre, South Dakota, to the Career Service Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Kelly Wheeler pursuant to the executive message as found on page 482 of the Senate Journal?"

     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; Diedtrich (Elmer); Drake; Everist; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Diedrich (Larry); Duxbury

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.


REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 29, 102, 103, 118, 172, and 179 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 17, 21, 33, 42, 43, 48, 49, 55, 72, 73, 93, 95, 96, 107, 114, 146, and 169 were delivered to his Excellency, the Governor, for his approval at 9:36 a.m., February 19, 2002.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1116 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 HJR 1003 and returns the same with the recommendation that said resolution be amended as follows:

j1003fb

     On page 2, line 4 of the House State Affairs Committee engrossed resolution, delete everything after " Legislature. " and insert " The Legislature may not appropriate any money from any fund that has been dedicated to a special purpose pursuant to a two-thirds majority vote of both houses of the Legislature for any purpose other than the special purpose for which the fund is dedicated, unless such appropriation is approved by a two-thirds majority vote of both houses of the Legislature in a separate bill embracing only one subject matter. "

     On page 2 , delete lines 5 to 9 , inclusive.

     And that as so amended said resolution do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1087 and returns the same with the recommendation that said bill be amended as follows:

1087fc
     On page 1, line 7 of the printed bill, overstrike " thirteen " and insert " twelve ".

     On page 1 , line 7, delete " ninety-two " and insert " ninety ".

     On page 1 , line 12, overstrike " four " and insert " three ".

     On page 1 , line 13, delete " three " and insert " seventy-four ".

     On page 2 , line 3, delete " forty-nine " and insert " two ".

     On page 2 , line 9, overstrike " five " and insert " four ".

     On page 2 , line 9, delete " three " and insert " seventy-four ".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1137 and returns the same with the recommendation that said bill be amended as follows:

1137ob

     On page 1, line 5 of the House State Affairs Committee engrossed bill, overstrike " The " and insert " Any ".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Carolyn J. Mollers of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education 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 State Affairs respectfully reports that it has had under consideration the nomination of Judith E. Hines of Minnehaha County, Brandon, South Dakota, to the South

Dakota Crime Victims' Compensation Commission 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 State Affairs respectfully reports that it has had under consideration HCR 1002 which was tabled.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration the nomination of Dennis Yeaton of Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority 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 Transportation respectfully reports that it has had under consideration the nomination of Daniel L. Cotton of Union County, Beresford, South Dakota, to the South Dakota Railroad Authority 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 Transportation respectfully reports that it has had under consideration the nomination of Jerry Prostrollo of Lake County, Madison, South Dakota, to the South Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Drue J. Vitter, Chair

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1236 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Elmer Diedtrich, Vice Chair

 Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1058, 1120, 1197, 1229, 1237, and 1296 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1124 and returns the same with the recommendation that said bill be amended as follows:

1124dm

     On the House Appropriations Committee engrossed bill, delete everything after the enacting clause.

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1258 and returns the same with the recommendation that said bill be amended as follows:

1258za

     On the House Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. A nurse is eligible to receive tuition reimbursement payments pursuant to this Act if the nurse is licensed to practice nursing pursuant to chapter 36-9 and agrees to practice full time as a nurse in an eligible health care facility for a minimum period of two years. However, no more than sixty nurses may participate in this program at any specified time.

     Section 2. For purposes of this Act, an eligible health care facility is any facility in this state which:

             (1)    Is licensed pursuant to chapter 34-12 or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001;

             (2)    Agrees to provide its portion of the tuition reimbursement payments payable to a nurse who practices in the health care facility as required by this Act; and

             (3)    Is determined to be eligible by the Department of Health.
     Prior to making a determination under subdivision (3) of this section, the department of health shall promulgate rules pursuant to chapter 1-26 to establish specific criteria to evaluate each facility's need for nurses.

     Section 3. A nurse who fulfills the requirements of this Act is entitled to receive tuition reimbursement in the amount of five thousand dollars.

     Section 4. Any agreement for the payment of tuition reimbursement pursuant to this Act shall obligate the facility employing the nurse to provide a portion of the total amount of tuition reimbursement based on the following criteria: health care facilities in communities of two thousand five hundred persons or less shall provide twenty-five percent of tuition reimbursement payments and health care facilities in communities of greater than two thousand five hundred persons shall provide fifty percent of tuition reimbursement payments. When the facility certifies to the secretary of health that it has paid the full amount for which it is obligated, the secretary of health shall pay to the nurse the remaining balance of the total tuition reimbursement amount. Reimbursement shall be paid upon the nurse's completion of the required two-year practice period. However, a facility may pay its portion of tuition reimbursement at any time during the two-year period.

     Section 5. Any county or municipality may appropriate funds for the purpose of carrying out the provisions of this Act.

     Section 6. No tuition reimbursement agreement entered into pursuant to the provisions of this Act is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the form of agreements and procedures for approval by rules promulgated pursuant to chapter 1-26.

     Section 7. No person may participate in the tuition reimbursement program established by this Act who is participating in, or has previously participated in, this or any other state or federal tuition reimbursement or forgiveness program."

1258zta

     On page 1, line 1 of the House Health and Human Services Committee engrossed bill, delete everything after " Act to " and insert "establish a tuition reimbursement program for nurses."

     On page 1 , delete lines 2 and 3 .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1004 and 1111 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Bob Drake, Chair
REPORTS OF CONFERENCE COMMITTEES



MADAM PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1221 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                         Respectfully submitted,
J.P. Duniphan                                Dennis Daugaard
Dale Hargens                                    Eric H. Bogue
Thomas J. Van Norman                        Garry A. Moore
House Committee                                Senate Committee

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Sen. Vitter moved that the Senate do not adopt the report of the Conference Committee on HB 1038 as found on page 586 of the Senate Journal and that no new committee be appointed.

     The question being on Sen. Vitter's motion that the Senate do not adopt the report of the Conference Committee on HB 1038 and that no new committee be appointed

     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; Diedtrich (Elmer); Drake; Duxbury; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Diedrich (Larry); Everist

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1038 lost.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 86 was lost on second reading and final passage.


Also MADAM PRESIDENT:

    I have the honor to return herewith SB 29, 102, 103, 118, 172, and 179 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 110 and 141 which have 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 1025 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 appointed Reps. Juhnke, Pitts, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 177.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR 12   Introduced by:  Senators Symens, Bogue, Koskan, McCracken, Olson (Ed), and Staggers and Representatives Flowers, Hundstad, Napoli, Peterson (Jim), Rhoden, and Teupel

         A CONCURRENT RESOLUTION,  Encouraging South Dakota's delegation in the United States Congress to oppose any increase in the Corporate Average Field Economy standards.

     WHEREAS,  the United States Congress is currently considering an increase in federal regulations and penalties that dictate miles-per-gallon standards for American manufactured car and truck fleets, called Corporate Average Fuel Economy (CAFE) standards; and

     WHEREAS,  CAFE standards, started in 1975 in reaction to the Arab Oil Embargo, failed to achieve its stated goals, other than to arbitrarily increase the prices business, farming, construction, and consumers pay to purchase competent light trucks and cars which are essential to their livelihoods and safety; and

     WHEREAS,  additional increases in the CAFE standards and penalties will force additional costs without exempting vehicles which are essential to agriculture, workers, and business; and

     WHEREAS,  South Dakota's harsh climate and the stress of agricultural, construction and business uses of vehicles require larger, more powerful pickups and light trucks; and

     WHEREAS,  forcing drivers into small, low-powered vehicles which are not competent for South Dakota's harsh weather and driving conditions will increase the hazards of accidental injury and death; and

     WHEREAS,  reducing consumer choice and forcing consumers out of safe dependable cars and light trucks will have a corrosive effect on family-based tourism in South Dakota and on hunting and fishing access in South Dakota; and

     WHEREAS,  Congress should more aggressively pursue productive and incentive-based measures to lower dependence on foreign oil by vastly increasing the production and consumption of renewable fuels which would help to rebuild America's farm economy and create value-added businesses in South Dakota and to seek other sources of energy for transportation such as fuel cell development:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-seventh Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota delegation in the United States Congress is encouraged to oppose any increase in the CAFÉ standards and penalties which would result in harm to farming, business, construction, tourism, and consumers of South Dakota and to view the additional penalties as a punitive tax on South Dakota's economy.

     Was read the first time.

    The President waived the committee referral and placed SCR 12 on the calendar of Wednesday, February 20, the 31st legislative day.

     SCR 13   Introduced by:  Senators Greenfield, Albers, Apa, Bogue, Brosz, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, and Volesky and Representatives Glenski, Abdallah, Bartling, Begalka, Broderick, Burg, Duenwald, Duniphan, Elliott, Flowers, Frost, Fryslie, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Holbeck, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Kloucek, Koistinen, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Michels, Monroe, Napoli, Olson (Mel), Peterson (Bill), Peterson (Jim), Pummel, Rhoden, Sebert, Sigdestad, Slaughter, Smidt, Teupel, Valandra, Van Etten, Van Gerpen, Van Norman, and Wick

         A CONCURRENT RESOLUTION,  Urging the United States Congress to pass, and the President of the United States to sign, legislation that completely bans human cloning.

     WHEREAS,  South Dakota Codified Law defines the human embryo as a living organism of the species Homo sapien at the earliest stages of development (including the single-celled stage), and human cloning creates a human being at the embryonic stage of life and grows this new human being solely to be exploited ("reproductive" cloning) or destroyed (so called "therapeutic" cloning) through nontherapeutic research and experimentation; and

     WHEREAS,  South Dakota Codified Law defines nontherapeutic research as research that is not intended to help preserve the life and health of the particular embryo subjected to risk and bans nontherapeutic research that destroys a human embryo or subjects a human embryo to substantial risk of injury or death, bans the sale or transfer of a human embryo for such research, and bans for research purposes the use of cells or tissues obtained from an embryo through nontherapeutic research; and

     WHEREAS,  human cloning is a manufacturing process in which a human being is created in a laboratory; human cloning indicates a utilitarian view in which a human being is created merely for usefulness with no respect for the dignity of that human being; and human cloning creates a human being who is the twin of a parent, has no other biological parent, and is the child of the grandparents thereby causing serious moral, social, and legal issues; and

     WHEREAS,  current human cloning attempts pose a substantial risk of producing human beings with unpredictable but potentially devastating health problems; and

     WHEREAS,  such human cloning attempts are grossly irresponsible and unethical; and

     WHEREAS,  the United States House of Representatives has passed the Human Cloning Prohibition Act of 2001, a complete human cloning ban; and the President of the United States has called for a complete human cloning ban; and

     WHEREAS,  a complete human cloning ban is achieved by the passage of the Human Cloning Prohibition Act of 2001 as introduced in the United States Senate by Senator Brownback (S. 1899) and is not achieved by the passage of other human cloning prohibition acts that allow the creation of human embryos by cloning so long as they are killed for research:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-seventh Legislature of the State of South Dakota, the House of Representatives concurring therein, that the United States House of Representatives is strongly urged to continue its support of a complete human cloning ban, that the United States Senate is strongly urged to pass the Human Cloning Prohibition Act of 2001, as introduced in the Senate by Senator Brownback, and that the President of the United States is strongly urged to sign a complete human cloning ban.

     Was read the first time.

    The President waived the committee referral and placed SCR 13 on the calendar of Wednesday, February 20, the 31st legislative day.

     HCR 1025:   A CONCURRENT RESOLUTION,   Encouraging the Department of Military and Veterans Affairs to conduct a feasibility study of the possibility of establishing an East River State Veterans Home.

     Was read the first time.

    The President waived the committee referral and placed HCR 1025 on the calendar of Wednesday, February 20, the 31st legislative day.


     Sen. Bogue moved that the Senate do concur in House amendments to SB 36.

     The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 36.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Staggers

     Excused:
Diedrich (Larry); Volesky

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

     Sen. Bogue moved that the Senate do concur in House amendments to SB 130.

     The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 130.

     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; 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; Whiting

     Excused:
Diedrich (Larry); Volesky

     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 1018:   A CONCURRENT RESOLUTION,   Expressing the sense of the South Dakota State Legislature about management of the Black Hills National Forest.

    Was read the second time.

     Sen. Apa moved that HCR 1018 as found on page 494 of the House Journal and as amended on page 662 of the House Journal be concurred in as amended.

     The question being on Sen. Apa's motion that HCR 1018 be concurred in as amended.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; 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; Whiting

     Excused:
de Hueck; Diedrich (Larry)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1018 was concurred in as amended.

     HCR 1023:   A CONCURRENT RESOLUTION,   Supporting mandatory country of origin labeling for agricultural products.

    Was read the second time.

     Sen. Hutmacher moved that HCR 1023 as found on page 646 of the House Journal be concurred in.

     The question being on Sen. Hutmacher's motion that HCR 1023 be concurred in.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Staggers

     Excused:
Diedrich (Larry)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1023 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Appropriations on HB 1295 as found on page 573 of the Senate Journal ; also

     Judiciary on HB 1113 as found on page 574 of the Senate Journal ; also

     State Affairs on HB 1168 as found on page 587 of the Senate Journal ; also

     State Affairs on HB 1279 as found on page 587 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


    Pursuant to Senate Rule 6-1, the President removed HB 1240 from the Consent Calendar.

     HB 1031:   FOR AN ACT ENTITLED, An Act to   permit the use of electronic signatures to authorize employee payroll deductions.

     Was read the second time.

     The question being "Shall HB 1031 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; 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; Whiting


     Excused:
Diedrich (Larry)

     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 HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1273:   FOR AN ACT ENTITLED, An Act to   revise the requirements for obtaining plates and certificates to park in any space reserved for the disabled.

     Was read the second time.

1273cb

     Sen. Olson (Ed) moved that HB 1273 be further amended as follows:

     On page 1 of the Senate Transportation Committee engrossed bill, delete line 9 , and insert "the applicant is so substantially disabled by a physical a person with a substantial physical disability that makes it is impossible or causes".

     On page 1 , line 11, after " defining " insert " a person with a ".

     On page 1 , line 11, delete " and disabled " .

     On page 1 , line 14, overstrike " substantially " and insert " person with a substantial disability ".

     On page 1 , line 15, overstrike " disabled person " .

     On page 2 , line 3, overstrike " disabled by " and insert " a person with ".

     On page 2 , line 11, overstrike " disabled by " and insert " is a person with ".

     On page 2 , line 12, delete " it is " and insert " makes it is ".

     On page 2 , line 15, delete " the handicapped disabled " and insert " the handicapped a person with a physical disability ".

     On page 2 , line 20, delete " disabled by " and insert " a person with ".

     On page 3 , line 4, overstrike " physically disabled persons " and insert " persons with physical disabilities ".

     On page 3 , line 5, overstrike " physically disabled persons " and insert " persons with physical disabilities ".
     On page 3 , line 7, overstrike " disabled person " and insert " person with a disability ".

     On page 3 , line 9, overstrike " the " .

     On page 3 , line 10, delete " disabled " and insert " person with a disability ".

     On page 3 , line 10, overstrike " disabled " and insert " persons with disabilities ".

     On page 3 , line 11, overstrike " individuals " .

     On page 3 , line 12, overstrike " disabled " .

     On page 3 , line 13, after " persons " insert " with disabilities ".

     On page 3 , line 16, overstrike " physically disabled persons " and insert " persons with physical disabilities ".

     On page 3 , line 24, overstrike " disabled person " and insert " person with a disability ".

     On page 4 , line 2, delete " the disabled " and insert " persons with disabilities ".

     On page 4 , line 7, overstrike " physically disabled persons " and insert " persons with physical disabilities ".

     On page 4 , line 18, delete " physically handicapped disabled person " and insert " physically handicapped person with a physical disability ".

     On page 4 , line 22, overstrike " the " .

     On page 4 , line 23, delete " disabled " and insert " a person with a disability ".

     On page 5 , line 1, overstrike " such " .

     On page 5 , line 2, delete " disabled persons " and insert "persons with disabilities ".

     On page 5 , line 10, delete " physically handicapped disabled " and insert " physically handicapped a person with a physical disability ".

     On page 5 , line 11, delete " physically handicapped disabled person " and insert " physically handicapped person with a physical disability ".

     On page 5 , line 18, delete " the physically handicapped disabled " and insert " the physically handicapped a person with a physical disability ".

     On page 6 , line 2, delete " disabled person " and insert "person with a disability".

     On page 6 , line 13, delete " the physically disabled " and insert "a person with a physical disability".
     Which motion prevailed.

1273oc

     Sen. Olson (Ed) moved that HB 1273 be further amended as follows:

     On page 6, line 8 of the Senate Transportation Committee engrossed bill, after " disabilities. " insert " Each municipality may, by ordinance, designate parking spaces that are only for use by a person using a wheelchair. "

     Which motion prevailed.

     The question being "Shall HB 1273 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Everist; Ham; Hutmacher; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Apa; Bogue; Drake; Greenfield; Hagen; Kleven; Koskan; Madden; Putnam; Reedy; Staggers

     Excused:
Diedrich (Larry)

     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. Olson (Ed) moved that the title to HB 1273 be amended as follows:

     On page 1, line 2 of the Senate Transportation Committee engrossed bill, delete " the disabled " and insert "a person with a disability and to provide for civil penalties".

     Which motion prevailed and the title was so amended.

     HB 1164:   FOR AN ACT ENTITLED, An Act to   abrogate the loss of chance doctrine as set forth in Jorgenson v. Vener.

     Was read the second time.


1164rb

     Sen. Bogue moved that HB 1164 be amended as follows:

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

     "Section 1. The Legislature finds that in those actions founded upon an alleged want of ordinary care or skill the conduct of the responsible party must be shown to have been the proximate cause of the injury complained of. The Legislature also finds that the application of the so called loss of chance doctrine in such cases improperly alters or eliminates the requirement of proximate causation. Therefore, the rule in Jorgenson v. Vener, 2000 SD 87, 616 N.W. 2nd 366 (2000) is hereby abrogated.

     Section 2. The Legislature intends only to abrogate the loss of chance doctrine expressly adopted by the court, thereby returning the common law of this state to its status immediately prior to the court's decision. The Legislature does not intend to affect any other rule or principle of statutory or common law, including but not limited to, aggravation of preexisting injuries, proximate causation, and the requirement of informed consent for all medical treatment."


    Sen. Daugaard moved the previous question.

    Which motion prevailed.

    Sen. Whiting requested a roll call vote.

    Which request was supported.

    The question being on Sen. Bogue's motion that HB 1164 be amended.

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedtrich (Elmer); Drake; Duxbury; Everist; Hagen; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Sutton (Dan); Symens; Vitter

     Nays:
de Hueck; Greenfield; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Volesky; Whiting

     Excused:
Diedrich (Larry)

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


     The question now being "Shall HB 1164 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Sutton (Dan); Vitter; Whiting

     Nays:
de Hueck; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Symens; Volesky

     Excused:
Diedrich (Larry)

     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 1291:   FOR AN ACT ENTITLED, An Act to   revise the requirements for obtaining a specialty license plate organizational decal.

     Was read the second time.

     The question being "Shall HB 1291 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Apa; de Hueck; Greenfield

     Excused:
Diedrich (Larry)

     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 1034:   FOR AN ACT ENTITLED, An Act to   reduce the legal blood alcohol limits for motor vehicle drivers and boat operators.

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

1034fe

     Sen. Apa moved that HB 1034 be amended as follows:

     On page 1, line 6 of the House engrossed bill, delete " 0.08 " and insert " 0.02 ".

     On page 2 , line 6, overstrike " five " and insert " one ".

     On page 2 , line 9, overstrike " five " and insert " one ".

     On page 2 , line 9, delete " eight " and insert " two ".

     On page 2 , line 14, delete " eight " and insert " two ".

     On page 2 , line 21, delete " 0.08 " and insert " 0.02 ".

     On page 3 , line 3, overstrike " 0.04 " and insert " 0.01 ".

     On page 3 , line 3, delete " 0.08 " and insert " 0.02 ".

     On page 3 , line 9, delete " 0.08 " and insert " 0.02 ".

     On page 4 , line 1, delete " eight " and insert " two ".

     On page 4 , line 6, delete " eight " and insert " two ".

     Which motion lost.

     The question being "Shall HB 1034 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedtrich (Elmer); Duxbury; Everist; Hagen; Ham; Hutmacher; Koskan; McCracken; McIntyre; Munson; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Apa; Bogue; de Hueck; Drake; Greenfield; Kleven; Koetzle; Madden; Moore; Olson (Ed); Putnam; Staggers


     Excused:
Diedrich (Larry)

     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 1136:   FOR AN ACT ENTITLED, An Act to   clarify the approval authority for local accounts of the state treasurer and state auditor.

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

1136od

     Sen. Hutmacher moved that HB 1136 be further amended as follows:

     On page 2, line 5 of the House State Affairs Committee engrossed bill, after " hours. " insert " The auditor-general shall provide assistance to the state treasurer and state auditor, if requested, with respect to the supervision of any local account established pursuant to §  4-4-3. "

1136x

     Sen. Bogue moved as a substitute motion that HB 1136 be further amended as follows:

     On page 2, after line 5 of the House State Affairs Committee engrossed bill, insert:

    "Section 3. That chapter 4-4 be amended by adding thereto a NEW SECTION to read as follows:

    
    The state treasurer and state auditor shall approve local drug buy accounts at the request of the attorney general."

     Which motion prevailed.

     The question being "Shall HB 1136 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 5, Excused 3, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Diedtrich (Elmer); Drake; Everist; Greenfield; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Dennert; Duxbury; Hagen; Koetzle; Reedy


     Excused:
de Hueck; Diedrich (Larry); Munson

     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 1078:   FOR AN ACT ENTITLED, An Act to   revise certain bond and insurance requirements for trust companies.

     Was read the second time.

     The question being "Shall HB 1078 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; 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; Whiting

     Excused:
Diedrich (Larry)

     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 1195:   FOR AN ACT ENTITLED, An Act to   increase the amount transferred to the budget reserve fund.

     Was read the second time.

     The question being "Shall HB 1195 pass?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent 0

     Yeas:
Albers; Apa; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Putnam; Reedy; Sutton (Dan); Symens; Vitter; Whiting

     Nays:
Bogue; de Hueck; Kleven; Olson (Ed); Staggers; Volesky

     Excused:
Diedrich (Larry)

     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 1198:   FOR AN ACT ENTITLED, An Act to   provide for a maximum amount in the property tax reduction fund.

     Was read the second time.

     The question being "Shall HB 1198 pass?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0

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

     Nays:
Bogue; de Hueck; Staggers; Volesky

     Excused:
Diedrich (Larry)

     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 1294:   FOR AN ACT ENTITLED, An Act to   revise and supplement certain powers of the South Dakota Building Authority and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1294 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Diedtrich (Elmer); Drake; Everist; Greenfield; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Sutton (Dan); Vitter; Whiting

     Nays:
de Hueck; Dennert; Duxbury; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Staggers; Symens; Volesky

     Excused:
Diedrich (Larry)

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

     Sen. Everist announced her intention to reconsider the vote by which HB 1294 was lost.

     HJR 1009:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the June 2002 primary election amendments to Article XVII of the Constitution of the State of South Dakota, relating to restrictions on corporate farming.

     Was read the second time.

     The question being "Shall HJR 1009 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0

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

     Nays:
de Hueck; Hagen; Koetzle; Volesky

     Excused:
Diedrich (Larry)

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution passed and the title was agreed to.

     There being no objection, the Senate reverted to Order of Business No. 4.


COMMUNICATIONS AND PETITIONS


February 15, 2002

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501-5070

Dear Madam President and Members of the Senate:

I herewith return Senate Bill 84 and VETO the same.

Senate Bill 84 is entitled, "An Act to revise certain transcript fees."

    1) This bill would raise two different fees.

            2) This bill will be a huge increase in the cost of litigation to counties already carrying the burden for indigent defense.

            3) The vast majority of court reporters taking indigent transcripts are full-time state employees who are already being paid and have received regular salary increases like all state employees.

            4) This bill raises the costs of copying a page from thirty (30) cents to fifty (50) cents each, a 67 percent increase. It borders on the immoral that, by statute, someone can charge fifty cents a page for a copy. Has no one heard of Kinko's? A 100 page copy of a transcript will cost $50. Ridiculous.

            5) Finally, this bill also raises the cost of the original court certified transcript from two dollars forty cents ($2.40) to two dollars ninety cents ($2.90). This is actually a 21 percent rate increase for all persons ordering a transcript.

Modern court reporters use computers and software to transcribe their notes of court proceedings much more quickly and efficiently. The free enterprise system is not supposed to mean that the more productive and efficient a service, the more expensive the service gets. That is the opposite of the way the free enterprise system works.

Finally, the continued increases in court costs are ultimately passed on to the citizens of South Dakota. This bill is just another increase in the price the average citizen must pay to exercise his right to use the court system. We should not be in the business of making access to the courts more difficult for the average citizen.

Because the South Dakota Constitution allows only five days for me to make decisions over this holiday weekend, I may supplement this message with more information at a later date.


I respectfully request that you concur in my action.

Respectfully submitted,
William J. Janklow

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 83 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1038 and no new committee was appointed.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1283 and has appointed Reps. Eccarius, Michels, and Mel Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     The President appointed as such committee Sens. Daugaard, Koskan, and Koetzle.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1135 and has appointed Reps. Lintz, Konold, and Van Norman as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     The President appointed as such committee Sens. Drake, de Hueck, and Symens.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1052 and has appointed Reps. Bill Peterson, Napoli, and Mel Olson

as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     The President appointed as such committee Sens. Everist, Bogue, and Duxbury.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1024 and has appointed Reps. Broderick, Teupel, and Van Norman as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

     The President appointed as such committee Sens. Brosz, McCracken, and Hagen.

SIGNING OF BILLS


     The President publicly read the title to

     SB 29: FOR AN ACT ENTITLED, An Act to  revise certain fees for special inspections and examination of certain weighing and measuring devices and certain standards and testing equipment.

     SB 102: FOR AN ACT ENTITLED, An Act to  revise the calculation of state aid to education for certain consolidated school districts.

     SB 103: FOR AN ACT ENTITLED, An Act to  increase the required distance between certain persons or equipment and high voltage lines.

     SB 118: FOR AN ACT ENTITLED, An Act to  prohibit smoking in public places.

     SB 172: FOR AN ACT ENTITLED, An Act to  revise the effective date of certain provisions related to insurance taxes.

     SB 179: FOR AN ACT ENTITLED, An Act to  regulate sampling procedures for verification of transgenic seed use.

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

     HB 1053: FOR AN ACT ENTITLED, An Act to  permit a victim of sliming to request that the defendant be tested for blood-borne pathogens and that the test results be disclosed to the victim.

     HB 1211: FOR AN ACT ENTITLED, An Act to  provide for the use of electric personal assistive mobility devices.

     HB 1216: FOR AN ACT ENTITLED, An Act to  authorize shareholders to vote and to make certain other communications by electronic means.

     HB 1234: FOR AN ACT ENTITLED, An Act to  clarify that certain political contributions to ballot question committees from association dues and funds are permitted.

     HB 1253: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to the juvenile corrections monitor.

     HB 1300: FOR AN ACT ENTITLED, An Act to  clarify the state's sovereign immunity in the courts of other jurisdictions.

     HB 1301: FOR AN ACT ENTITLED, An Act to  authorize the railroad authority to acquire certain facilities owned by other railroads and to declare an emergency.

     HJR 1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 5, of the Constitution of the State of South Dakota to clarify the responsibility of the Legislature to provide for its own apportionment.

     HJR 1010: A JOINT RESOLUTION, proposing and submitting to the electors at the next general election an amendment to Article IV, section 4, of the Constitution of the State of South Dakota, extending the time allowed for the Governor's review of legislation passed by the Legislature.

     And signed the same in the presence of the Senate.

     Sen. McCracken moved that the Senate do now adjourn, which motion prevailed and at 4:40 p.m. the Senate adjourned.

Patricia Adam, Secretary