JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 20, 2002

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

     The prayer was offered by the Chaplain, Roger Heidt, followed by the Pledge of Allegiance led by Senate page Scott Erickson.

     Roll Call: All members present.

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.
HONORED GUESTS


     The President introduced Walter J. Schramm, Winner, 2001 Outstanding Older Worker for South Dakota, who was escorted to the rostrum by Sen. Koskan.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 35, 36, 90, 111, 113, 130, 156, 158, 168, and 186 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 8, 29, 41, 102, 103, 118, 124, 140, 142, 172, and 179 were delivered to his Excellency, the Governor, for his approval at 11:25 a.m., February 20, 2002.

Respectfully submitted,
Arnold M. Brown, Chair

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Dennis Yeaton of Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Dennis Yeaton pursuant to the executive message as found on page 524 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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


      The Senate proceeded to the consideration of the executive appointment of Jerry Prostrollo of Lake County, Madison, South Dakota, to the South Dakota Railroad Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Jerry Prostrollo pursuant to the executive message as found on page 524 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

     There being no objection, the Senate proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


     Sen. Everist moved that the consideration of the executive appointments of Daniel L. Cotton, Carolyn J. Mollers, and Judith E. Hines, the consideration of the executive veto of SB 84, consideration of SCR 12, SCR 13, HCR 1025, SB 110, and SB 141, and consideration of the report of the Conference Committee on HB 1221 be placed to follow HJR 1003 on today's calendar.

     Which motion prevailed.

     There being no objection, the Senate proceeded to Order of Business No. 9.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HJR 1003 as found on page 595 of the Senate Journal ; also

     State Affairs on HB 1087 as found on page 596 of the Senate Journal ; also

     State Affairs on HB 1137 as found on page 596 of the Senate Journal ; also


     Appropriations on HB 1124 as found on page 598 of the Senate Journal ; also

     Appropriations on HB 1258 as found on page 598 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

REPORTS OF CONFERENCE COMMITTEE

MADAM PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1283 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1283 be amended as follows:

     On the Senate engrossed bill, delete all Senate amendments, thus restoring the bill to the House Judiciary Committee engrossed version.

     On page 1 , line 5 of the House Judiciary Committee engrossed bill, delete " swelling, " and insert "or by causing any swelling".

Respectfully submitted,                         Respectfully submitted,
Scott Eccarius                                Dennis Daugaard
Matthew Michels                                John Koskan
Mel Olson                                    Gil Koetzle
House Committee                                Senate Committee

Also MADAM PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 32 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the House amendments be deleted, thus restoring the bill to the Senate Transportation Committee engrossed version.

Respectfully submitted,                         Respectfully submitted,
B. Michael Broderick, Jr.                        Arnold M. Brown
Claire B. Konold                                Brock L. Greenfield
Burt Elliott                                    Robert N. Duxbury
House Committee                                Senate Committee

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

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 35, 90, 111, 113, 156, 158, 168, and 186 which have passed the House without change.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 19, 108, and 167 which have been amended by the House and your concurrence in the amendments 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 1001, 1003, 1075, 1141, 1181, and 1226.

Also MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1027 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 a change has been made in the House Conference Committee on SB 177. The committee should now be Reps. Juhnke, Murschel, and Gary Hanson.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 178 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     HCR 1027:   A CONCURRENT RESOLUTION,   Encouraging South Dakota's delegation in the United States Congress to pass an economic stimulus package that creates jobs and ensures a strong economy for America's future prosperity and security.

     Was read the first time.

    The President waived the committee referral and placed HCR 1027 on the calendar of Thursday, February 21, the 32nd legislative day.

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

     Sen. Everist moved that the rules be suspended for the sole purpose of allowing for a vote to reconsider the vote by which HB 1294 was lost.

     The question being on Sen. Everist's motion that the rules be suspended for the sole purpose of allowing for a vote to reconsider the vote by which HB 1294 was lost.

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent 0

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

     Nays:
Dennert; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Reedy

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and Sen. Everist's motion to reconsider the vote on HB 1294 was in order.

     Sen. Everist moved that the Senate do now reconsider the vote by which HB 1294 was lost.

     The question being on Sen. Everist's motion to reconsider the vote by which HB 1294 was lost.

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent 0


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

     Nays:
Dennert; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Volesky

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1294 was up for reconsideration and final passage.

     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.

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

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     Sen. Everist moved that HB 1294 be further amended as follows:

     On page 4 of the House State Affairs Committee engrossed bill, delete lines 23 and 24 , and insert:

    "Section 3. This Act is effective on the ninety-first day after it is signed by the Governor."


     On page 5 , delete line 1 .

     Which motion prevailed.

1294oc

     Sen. Hutmacher moved that HB 1294 be further amended as follows:

     On page 4, after line 22 of the House State Affairs Committee engrossed bill, insert:

    "Section 3. The particulars of any bond transactions made pursuant to this Act, including legal fees and the costs of underwriting the bonds, shall be of public record subject to disclosure pursuant to §  1-27-1."


     Which motion prevailed.

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

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent 0

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

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

     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. Everist moved that the title to HB 1294 be amended as follows:

     On page 1, line 2 of the House State Affairs Committee engrossed bill, delete " and to declare an emergency " .

     Which motion prevailed and the title was so amended.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1240:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the Statewide One-Call Notification Board, to create enforcement authority for the board, and to provide for certain penalties and fines.

     Was read the second time.

     The question being "Shall HB 1240 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, 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; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Staggers


     Excused:
Bogue

     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 1058:   FOR AN ACT ENTITLED, An Act to   appropriate money to the Edgemont school district.

     Was read the second time.

     The question being "Shall HB 1058 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Bogue

     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 1113:   FOR AN ACT ENTITLED, An Act to   require the Department of Corrections to seek membership in the Performance-based Standards Project.

     Was read the second time.

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     Sen. Daugaard moved that HB 1113 be further amended as follows:

     On page 2, line 7 of the Senate Judiciary Committee engrossed bill, delete " State of South Dakota " and insert "Department of Corrections".

     On page 2 , line 7, after " any " insert "juvenile corrections".

     Which motion prevailed.

      The question being "Shall HB 1113 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent 0

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

     Nays:
Apa; Bogue; Diedrich (Larry); Drake; Greenfield; Koskan; Vitter

     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 1116:   FOR AN ACT ENTITLED, An Act to   prohibit a person from being on the general election ballot for President or vice-president and another office.

     Was read the second time.

     The question being "Shall HB 1116 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 13, Excused 0, Absent 0

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

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

     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.


     Sen. Everist moved that the Senate do now recess until 4:00 p.m., which motion prevailed and at 3:30 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 4:00 p.m., the President presiding.

     HB 1120:   FOR AN ACT ENTITLED, An Act to   appropriate funds from the special racing revolving fund and the South Dakota-bred racing fund.

     Was read the second time.

     The question being "Shall HB 1120 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; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Munson

     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 1168:   FOR AN ACT ENTITLED, An Act to   provide for a study of the legislative article of the South Dakota Constitution.

     Was read the second time.

     The question being "Shall HB 1168 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 6, Excused 3, Absent 0

     Yeas:
Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Diedrich (Larry); Drake; Duxbury; Everist; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Whiting

     Nays:
Albers; Apa; Dennert; Greenfield; Hagen; Koetzle

     Excused:
Diedtrich (Elmer); Munson; Volesky

     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 1197:   FOR AN ACT ENTITLED, An Act to   appropriate money from the budget reserve fund to the general fund and to declare an emergency.

     Was read the second time.

     Sen. Drake moved that HB 1197 be placed to follow HB 1258 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1229:   FOR AN ACT ENTITLED, An Act to   conduct a pilot study on agricultural income value, to appropriate money for a pilot study, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1229 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 14, Excused 2, Absent 0

     Yeas:
Bogue; Cradduck; Dennert; Diedtrich (Elmer); Drake; Duxbury; Greenfield; Hagen; Hutmacher; Kleven; Koetzle; Koskan; McCracken; McIntyre; Reedy; Sutton (Dan); Symens; Vitter; Volesky

     Nays:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Everist; Ham; Madden; Moore; Olson (Ed); Staggers; Whiting

     Excused:
Munson; Putnam

     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. Koskan announced his intention to reconsider the vote by which HB 1229 was lost.


     Sen. Koskan moved that the Senate do now reconsider the vote by which HB 1229 was lost.

     The question being on Sen. Koskan's motion to reconsider the vote by which HB 1229 was lost.

     And the roll being called:

     Yeas 17, Nays 16, Excused 2, Absent 0

     Yeas:
Albers; Apa; Cradduck; de Hueck; Dennert; Diedtrich (Elmer); Greenfield; Kleven; Koskan; McCracken; McIntyre; Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky

     Nays:
Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Drake; Everist; Hagen; Ham; Hutmacher; Koetzle; Madden; Moore; Olson (Ed); Staggers; Whiting

     Excused:
Duxbury; Munson

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


     HB 1237:   FOR AN ACT ENTITLED, An Act to   amend the General Appropriations Act for fiscal year 2002.

     Was read the second time.

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     Sen. Drake moved that HB 1237 be further amended as follows:

     On page 1, line 8 of the House Appropriations Committee engrossed bill, delete " $5,215,825 " and insert "$5,415,825".

     On page 1 , line 14, delete " $21,774,772 " and insert "$21,974,772".

     On page 2 , delete lines 3 to 8 , inclusive, and insert:

    "Section 3. That section 14 of chapter 3 of the 2001 Session Laws be amended to read as follows:

    BOARD OF REGENTS
        South Dakota School of Medicine
        Personal Services, delete "$9,175,134" and insert "$9,675,134".

     On page 2 , between lines 16 and 17, insert:

    "Section 27C. The state treasurer shall transfer to the general fund from the South Dakota Building Authority the sum of nine hundred thousand dollars ($900,000)."


     Which motion prevailed.

     The question being "Shall HB 1237 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Hutmacher; Moore; Staggers

     Excused:
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 1279:   FOR AN ACT ENTITLED, An Act to   establish the South Dakota Municipal Facilities Authority, to provide for the establishment of one or more special purpose corporations by the South Dakota Municipal Facilities Authority, to establish the powers of the South Dakota Municipal Facilities Authority and each such corporation, including the power to acquire, own, lease, sublease and dispose of certain land, improvements and capital equipment comprising all or a portion of any municipal facilities, including any system or part of a system of waterworks, sewage or waste disposal, and to establish or confirm the powers and liabilities of the state, the Department of Environment and Natural Resources, the Board of Water and Natural Resources, the South Dakota Conservancy District and municipalities and other public entities of the state in connection therewith.

     Was read the second time.

1279re

     Sen. Daugaard moved that HB 1279 be further amended as follows:
     On page 2, line 3 of the Senate State Affairs Committee engrossed bill, delete " 9 " and insert "6".

     On page 2 , line 7, delete " utility property " and insert "municipal facilities".

     On page 4 , line 18, delete " or nonprofit corporation " .

     On page 4 , line 19, delete " or a nonprofit corporation " .

     On page 4 , line 20, delete " or a nonprofit corporation " .

     On page 8 , line 5, delete " not " and insert "net".

     On page 9 , line 1, after " instrument " insert ",".

     On page 12 , line 9, delete " entity or " and insert "entity of".

     On page 20 , line 1, delete " or nonprofit corporation " .

     On page 22 , line 5, delete " 30 " and insert "29".

     Which motion prevailed.

     The question being "Shall HB 1279 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; Olson (Ed); Putnam; Staggers; Sutton (Dan); Symens; Vitter; Whiting

     Nays:
Albers; Apa; Bogue; de Hueck; Duxbury; Hagen; Koskan; McIntyre; Moore; Reedy; Volesky

     Excused:
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.

    Sen. Daugaard now presiding.

     HB 1295:   FOR AN ACT ENTITLED, An Act to   provide for the voters' consideration of a proposed constitutional amendment to Article XVII in June 2002, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1295 pass as amended?"

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

     Nays:
Hutmacher

     Excused:
Munson

     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 1296:   FOR AN ACT ENTITLED, An Act to   amend the General Appropriations Act for fiscal year 2002.

     Was read the second time.

     The question being "Shall HB 1296 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent 0

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

     Nays:
Apa; Greenfield; Ham; Staggers

     Excused:
Munson; 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.

     Sen. Everist moved that HB 1258 be immediately considered.

     Which motion prevailed.

     HB 1258:   FOR AN ACT ENTITLED, An Act to   establish a tuition reimbursement program for nurses.

     Was read the second time.

     The question being "Shall HB 1258 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 2, Excused 4, Absent 0

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

     Nays:
Apa; Staggers

     Excused:
Koskan; Munson; Symens; Vitter

     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 1087:   FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

     Was read the second time.

1087da

     Sen. Apa moved that HB 1087 be further amended as follows:
     On page 1, line 5 of the Senate State Affairs Committee engrossed bill, overstrike " For " and insert " Except as otherwise provided for ".

     On page 2 , line 7, overstrike " and " .

     On page 2 , line 12, after "levies" insert ";

             (5)      The maximum tax levy for the Lead-Deadwood school district shall be thirteen dollars and ninety-three cents per thousand dollars of taxable valuation subject to the limitations on agricultural property as provided in subdivision (2) of this section, owner-occupied property as provided for in subdivision (3) of this section, and nonagricultural acreage property as provided for in subdivision (4) of this section;

             (6)      The maximum tax levy on agricultural property for the Lead-Deadwood school district shall be four dollars and four cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies;

             (7)      The maximum tax levy for an owner-occupied single-family dwelling as defined in §   10-13-40, for the Lead-Deadwood school district may not exceed six dollars and fifty cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies; and

             (8)      The maximum tax levy on nonagricultural acreage property as defined in §   10-6-33.14, for the Lead-Deadwood school district shall be five dollars and four cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies ".

     Which motion lost.

     The question being "Shall HB 1087 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 6, Excused 3, Absent 0

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

     Nays:
Apa; Hagen; Koetzle; Koskan; Moore; Volesky

     Excused:
Munson; Symens; Vitter

     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.

    President Hillard now presiding.

     HB 1124:   FOR AN ACT ENTITLED, An Act to   restrict the transfer of certain appropriated money and to provide for the distribution of certain appropriated money.

     Was read the second time.

     Sen. Hutmacher moved that HB 1124 be laid on the table.

    The question being "Shall HB 1124 be laid on the table?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

     Yeas:
Albers; 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; Moore; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Apa

     Excused:
Munson; Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1124 was laid on the table.

     HB 1137:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the compensation and the meetings of the State Cement Plant Commission.

     Was read the second time.

     The question being "Shall HB 1137 pass as amended?"


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

     Nays:
Moore

     Excused:
Munson; 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 1197:   FOR AN ACT ENTITLED, An Act to   appropriate money from the budget reserve fund to the general fund and to declare an emergency.

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

     Sen. Drake moved that the Senate do now recess until 5:55 p.m., which motion prevailed and at 5:50 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 5:55 p.m., the President presiding.

     HB 1197:   FOR AN ACT ENTITLED, An Act to   appropriate money from the budget reserve fund to the general fund and to declare an emergency.

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

1197mf

     Sen. Drake moved that HB 1197 be amended as follows:

     On page 1 of the printed bill, delete lines 4 and 5 , and insert:

    "Section 1. There is hereby appropriated the sum of thirteen million seven hundred sixty- one thousand dollars ($13,761,000) from the property tax reduction fund established by §  10-13- 44 to the general fund.


     Section 2. The state treasurer shall transfer to the state general fund five hundred thousand dollars ($500,000) from the gross receipts tax fund.

     Section 3. The state treasurer shall transfer to the state general fund five hundred thousand dollars ($500,000) from the children's trust fund.

     Section 4. The state treasurer shall transfer to the state general fund one million two hundred seventy-four thousand dollars ($1,274,000) from general fund carryover amounts within the budget of South Dakota public broadcasting.

     Section 5. The state treasurer shall transfer to the state general fund two million dollars ($2,000,000) from general fund carryover amounts in the Department of Education and Cultural Affairs."

     Which motion prevailed.

     The question being "Shall HB 1197 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Ham; Kleven; Koskan; Madden; McCracken; Moore; Olson (Ed); Putnam; Vitter; Whiting

     Nays:
Hagen; Hutmacher; Koetzle; McIntyre; Reedy; Staggers; Sutton (Dan); Volesky

     Excused:
Munson; Symens

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

     The question being on the title.

     Sen. Drake moved that the title to HB 1197 be amended as follows:

     On page 1, line 1 of the printed bill, delete " budget reserve " and insert "property tax reduction".

     On page 1 , line 2, after " fund " insert ", to provide for the transfer of certain money to the general fund,".

     Which motion prevailed and the title was so amended.

     HJR 1003:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XII, Section 2 of the Constitution of the State of South Dakota, relating to expenditures from funds established by a two-thirds vote of both houses of the Legislature.

     Was read the second time.

     The question being "Shall HJR 1003 pass as amended?"

     And the roll being called:

     Yeas 15, Nays 18, Excused 2, Absent 0

     Yeas:
Apa; de Hueck; Dennert; Duxbury; Hagen; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Reedy; Staggers; Sutton (Dan); Volesky; Whiting

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

     Excused:
Munson; Symens

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

     There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


     Sen. Everist moved that the consideration of the executive appointments of Daniel L. Cotton, Carolyn J. Mollers, and Judith E. Hines; consideration of the executive veto of SB 84; consideration of the report of the Conference Committee on HB 1221; SCR 12, SCR 13, and HCR 1025; and SB 110 and SB 141 (concurrence in House amendments) be deferred to Thursday, February 21, the 32nd legislative day.

     Which motion prevailed.

     SCR 14   Introduced by:  Senator Hutmacher and Representative Kloucek

         A CONCURRENT RESOLUTION,  Urging the federal government to address sedimentation problems in the Missouri River Main Stem Reservoir System.

     WHEREAS,  sedimentation in the Missouri River Main Stem Reservoir System is a serious and persistent problem that will damage property, the economy, and the recreational uses of the Missouri River, particularly in communities in South Dakota located on the Missouri River; and

     WHEREAS,  a major cause of the sedimentation problem in the Missouri River lies with sediment deposited from tributaries of the Missouri River. Sediment from these tributaries creates deltas in the river channel, causing damage under certain conditions:

     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 Congress and the appropriate federal agencies are urged to address and solve the urgent problems created by sedimentation in the Missouri River Main Stem Reservoir System.

     Was read the first time.

    The President waived the committee referral and placed SCR 14 on the calendar of Thursday, February 21, the 32nd legislative day.

     Sen. Everist moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Thursday, February 21, the 32nd legislative day.

     Which motion prevailed.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to return herewith SB 14, 57, 81, 89, and 184 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that SB 148 was lost on second reading and final passage.

Also MADAM PRESIDENT:

    I have the honor to return herewith SB 94 and 180 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

     SB 35: FOR AN ACT ENTITLED, An Act to  revise the proration of ethanol payments to ethanol producers.

     SB 36: FOR AN ACT ENTITLED, An Act to  impose a sales and use tax on mobile telecommunications services and to implement the federal uniform and simplified sourcing rules for mobile telecommunications services.

     SB 90: FOR AN ACT ENTITLED, An Act to  appropriate money for the Northern Crops Institute.

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

     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.

     SB 130: FOR AN ACT ENTITLED, An Act to  provide for the implementation of certain prairie dog management plans or activities with legislative approval.

     SB 156: FOR AN ACT ENTITLED, An Act to  provide for the revision of the South Dakota Family Farm Act of 1974 to conform with a proposed amendment to the South Dakota Constitution regulating corporate farming in South Dakota.

     SB 158: FOR AN ACT ENTITLED, An Act to  clarify the calculation of state aid to education to certain school districts.

     SB 168: FOR AN ACT ENTITLED, An Act to  permit certain nonprofits to have a temporary on-sale license.

     SB 186: FOR AN ACT ENTITLED, An Act to  appropriate funds from the water and environment fund and the environment and natural resources fee fund and to declare an emergency.

     HB 1001: FOR AN ACT ENTITLED, An Act to  ratify the Uniform Sales and Use Tax Administration Act, to implement the uniform and simplified features proposed by the Streamlined Sales Tax Project, and to declare an emergency.

     HB 1003: FOR AN ACT ENTITLED, An Act to  authorize a municipal gross receipts tax on certain lodging, alcoholic beverages, prepared food, and admissions.

     HB 1068: FOR AN ACT ENTITLED, An Act to  require the recalculation of the allocation for the disability levels in the state aid to special education formula.

     HB 1075: FOR AN ACT ENTITLED, An Act to  provide for a bank's investment limitations.

     HB 1121: FOR AN ACT ENTITLED, An Act to  revise the requirements for the location of side exhaust on certain motor vehicles.

     HB 1141: FOR AN ACT ENTITLED, An Act to  provide certain standards for utilization review for property and casualty insurers.

     HB 1181: FOR AN ACT ENTITLED, An Act to  prohibit directed suretyship.

     HB 1189: FOR AN ACT ENTITLED, An Act to  establish the crime of air piracy and to increase the penalty for theft of certain aircraft.

     HB 1226: FOR AN ACT ENTITLED, An Act to  eliminate certain waiting periods and notice requirements associated with certificates of release for mortgages.

     HB 1257: FOR AN ACT ENTITLED, An Act to  revise the requirements for volunteer firefighters to become eligible for workers' compensation.

     HB 1265: FOR AN ACT ENTITLED, An Act to  allow for the issuance of metal plates with a special designation to auction agencies.

     HB 1280: FOR AN ACT ENTITLED, An Act to  revise the definition of a controlled group for sales tax purposes.

     HB 1281: FOR AN ACT ENTITLED, An Act to  lengthen the period required for notice of nonrenewal of certain insurance policies.

     HB 1299: FOR AN ACT ENTITLED, An Act to  change the definition and venue of perjury prosecutions and to provide for the verification of certain information on certain state applications or other documents.

     HB 1304: FOR AN ACT ENTITLED, An Act to  revise the emergency powers of the Department of Health.

     HB 1305: FOR AN ACT ENTITLED, An Act to  define terrorism, to create the crime of terrorism, and to provide a penalty therefor.


     And signed the same in the presence of the Senate.

COMMEMORATIONS


     SC 19   Introduced by:  Senator Duxbury and Representatives Burg and Hargens

         A LEGISLATIVE COMMEMORATION,  Honoring Amy Schilling, Wessington, South Dakota, the state winner in the Voice of Democracy essay contest.

     WHEREAS,  Amy Schilling is the daughter of Dan and Patty Schilling of Wessington, South Dakota, and is a senior at Wessington High School; and

     WHEREAS,  Amy Schilling is an active student in her school where she participates in basketball, track, and cheerleading and is also a member of Future Business Leaders of America (FBLA) and the school yearbook staff; and

     WHEREAS,  Amy Schilling was sponsored in the Voice of Democracy essay contest by the Veterans of Foreign Wars Post 3214 and its auxiliary in Miller, South Dakota; and

     WHEREAS,  Amy Schilling has participated in this essay contest for the past three years. She has received first at the local level and went on to district competition for the first two years and now, as the state winner, will represent South Dakota at the national contest, which is to be held in Washington, D.C.:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that Amy Schilling be congratulated for her outstanding achievement as state winner in the Voice of Democracy essay contest and be wished the best of luck at the national contest.

     SC 20   Introduced by:  Senators Staggers, Albers, Apa, Brosz, Cradduck, Daugaard, de Hueck, Dennert, Diedtrich (Elmer), Duxbury, Greenfield, Hagen, Ham, Kleven, Koskan, Madden, McIntyre, Moore, Munson, Olson (Ed), Reedy, Symens, Vitter, Volesky, and Whiting and Representatives Olson (Mel), Abdallah, Bartling, Broderick, Davis, Duniphan, Frost, Fryslie, Garnos, Hansen (Tom), Hanson (Gary), Hennies (Don), Hennies (Thomas), Hunhoff, Jensen, Koistinen, Konold, Kooistra, McCaulley, McCoy, Michels, Monroe, Peterson (Jim), Sebert, Sigdestad, Slaughter, Smidt, Teupel, Van Etten, and Wick

         A LEGISLATIVE COMMEMORATION,  Honoring and supporting those individuals in Ukraine who support the Fulbright program for the international exchange of scholars.

     WHEREAS,  Dr. Martha Bohachevsky-Chomiak as Director of the Fulbright program in Ukraine has worked diligently to promote and advance the Fulbright program in Ukraine; and

     WHEREAS,  Professor Boris Gumenyuk as Rector, Dr. George Khomenko as Deputy Rector on International Relations, and Natalia Shpak as Head of the Foreign Languages Department

of the Ministry of Foreign Affairs of Ukraine Diplomatic Academy have provided outstanding support to the Academy's first Fulbright professor; and

     WHEREAS,  Viatcheslav Brioukhovetsky as President, Professor Sergey Kisselyov as Head of the Political Science Department, Dr. Oleksandr Demyanchuk as a member of the Political Science Department, and Larysa Chovnyuk as Head of the Department for International Cooperation of the National University of Kyiv-Mohyla Academy have continued a long tradition of supporting the exchange of Fulbright professors:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, United States of America, that Martha Bohachevsky-Chomiak, Boris Gumenyuk, George Khomenko, Natalia Shpak, Viatcheslav Brioukhovetsky, Sergey Kisselyov, Oleksandr Demyanchuk, and Larysa Chovnyuk be commended for their continued efforts to promote a better understanding between the people of the United States and the people of Ukraine.

     Sen. Diedrich (Larry) moved that the Senate do now adjourn, which motion prevailed and at 6:37 p.m. the Senate adjourned.

Patricia Adam, Secretary