JOURNAL OF THE SENATE
THIRTY-FOURTH DAY
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Saturday, February 23, 2002
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-third 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
SC 24
Introduced by:
Senators Brown (Arnold), Albers, Apa, Bogue, Brosz, 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,
and Whiting
A LEGISLATIVE COMMEMORATION,
Honoring the memory of Senator Harold W.
Halverson and lamenting his untimely passing.
WHEREAS,
Senator Harold W. Halverson's legislative colleagues and friends are deeply
saddened by the untimely death of a true public servant and gentleman; and
WHEREAS,
all South Dakotans, especially Senator Halverson's wife, Carol, and his
children, Jim, Marilyn, Cindy, and John, friends, and constituents, will miss his exceptional
character and will feel the loss of his dedicated service and leadership. In his personal life and
his public life, his dignity and compassion comforted and empowered those around him; and
WHEREAS,
Senator Halverson's exemplary record of public service began as a member of
the United States Navy Seabees during World War II and continued throughout his life as an
active community member and community leader, and as a State Representative, State Senator,
Chairman of the Executive Board of the Legislative Research Council, member of the Executive
Committee of the National Conference of State Legislatures, Senate Minority Leader, and
Senate President Pro tempore; and
WHEREAS,
Senator Harold Halverson's strength and integrity graced the times in which
he lived and made this state a better place:
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
Legislature mourns the untimely loss of Senator Harold W. Halverson, a dear friend, respected
colleague, and outstanding citizen, and extends its condolences to all of Senator Halverson's
family, friends, and constituents on this sorrowful occasion.
MOTIONS AND RESOLUTIONS
(continued)
SENATE PAGE RESOLUTION 4 Introduced by: Senators 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, and Whiting
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-
seventh Legislature of the State of South Dakota to Janelle Booth, Laura Daugaard, Tenise
Diehl, Jessica Eikmeier, Scott Erickson, Heather Jorgensen, Katharina Kaesling, Hadley
Livermont, Craig Rolfs, and Kelly Sanderson.
WHEREAS, the above named served loyally as pages for the Senate of the Seventy-seventh
Legislative Session; and
WHEREAS, the members of the Seventy-seventh Senate express their most sincere
appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-seventh
Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified
and furnished to each page on this last day of service.
Sen. Everist moved that Senate Page Resolution 4 be adopted.
The question being on Sen. Everist's motion that Senate Page Resolution 4 be adopted.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; 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:
de Hueck
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
REPORTS OF STANDING COMMITTEES
Respectfully submitted,
Arnold M. Brown, Chair
Respectfully,
Karen Gerdes, Chief Clerk
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 182 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 182 be amended as follows:
On page
2,
line 3 of the House engrossed bill,
delete "
two newspaper columns in width
"
and insert "
three newspaper columns in width and four inches in length or at least one-sixth of
a page in size, whichever size is greater
".
On page
2
,
line 4,
after "
statement
"
insert "
in a typeface no less than eighteen point type
".
On page
3
,
line 15,
delete "
two newspaper columns in width
"
and insert "
three newspaper
columns in width and four inches in length or at least one-sixth of a page in size, whichever size
is greater
".
On page
3
,
line 16,
after "
statement
"
insert "
in a typeface no less than eighteen point type
".
The Senate reconvened at 11:15 a.m., President Hillard presiding.
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 166 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 166 be amended as follows:
On page
1,
between lines 5 and 6 of the House engrossed bill, insert:
"Section 1. There is hereby established an education enhancement program within the
Department of Education and Cultural Affairs. The education enhancement program shall
distribute money to school districts to be used to reward teachers who have demonstrated their
excellence in the teaching profession."
On page
1
,
line 12,
delete everything after "
the
"
and insert "local".
On page
1
,
line 13,
after "
districts
"
insert "and are approved by the Department of
Education and Cultural Affairs".
On page
2
,
line 7,
delete "
Department of Education and Cultural Affairs
"
and insert "local
school districts".
On page
1,
line 1 of the House engrossed bill,
delete everything after "
An Act to
"
and insert
"provide for a teacher enhancement program."
On page
1
,
delete lines
2 to 4
, inclusive.
February 23, 2002
Madam President and Members of the Senate:
I have the honor to inform you that I have approved SB 17, 33, 43, 48, 49, 93, 96, 107, and
134, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
William J. Janklow
Respectfully,
Karen Gerdes, Chief Clerk
The Senate reconvened at 1:30 p.m., the President presiding.
REPORTS OF STANDING COMMITTEES
Respectfully submitted,
Arnold M. Brown, Chair
Respectfully,
Karen Gerdes, Chief Clerk
REPORTS OF CONFERENCE COMMITTEES
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SJR 5 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SJR 5 be amended as follows:
On page
2,
line 8 of the House State Affairs Committee engrossed resolution,
after
"
Legislature
"
insert ", and any such appointment and any vote given for such member for such
employment, office, or appointment is void".
On page
2
,
line 11,
delete "
, or to convey or lease real property
"
.
On page
2
,
delete line
15
.
Respectfully submitted, Respectfully submitted,
Matt McCaulley Eric H. Bogue
Carol A. Pitts John Koskan
Mel Olson Gil Koetzle
House Committee Senate Committee
Also MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered HB 1197 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that the House do not concur with the Senate amendments to HB 1197 and that a
new committee be appointed.
Respectfully submitted, Respectfully submitted,
Mitch Richter Bob Drake
Willard Pummel J.E. "Jim" Putnam
Sam Nachtigal Garry A. Moore
House Committee Senate Committee
CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered HB 1273 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB1273 be amended as follows:
On page 4 of the Senate engrossed bill, delete line 18, and insert "
The court shall assess a fine
of not less than one hundred dollars
".
On page 4, line 19, delete everything before "
if
".
On page 5, line 16, delete everything after "." and insert "
The court shall assess a fine of not
less than one hundred dollars if the
".
On page 5, delete line 17.
On page 5, line 24, delete everything after "." and insert "
The court shall assess a fine of not
less than one hundred dollars
".
On page 6, line 1, delete everything before "
if
".
On page 6, line 9, delete everything after "." and insert "The court shall assess a fine of not
less than one hundred dollars".
On page 6, line 10, delete everything before "if".
On page
1
,
line 2 of the Senate engrossed bill,
delete "
for civil
"
and insert "a penalty
therefor."
On page
1
,
delete line
3
.
The Senate reconvened at 3:15 p.m., the President presiding.
MESSAGES FROM THE HOUSE
Respectfully,
Karen Gerdes, Chief Clerk
Sen. Everist moved that the Senate recognize and express their appreciation for the services
provided by Senate interns Jill Blasius, Timothy Bottum, Mary Foster, Matthew Gunderson,
Dayna Ludwig, Debra Owen, April Reis, Jeffrey Roby, and Mark Schwab during the Seventy-
seventh Legislative Session.
The question being on Sen. Everist's motion that the Senate recognize and express their
appreciation for the services provided by the Senate interns during the Seventy-seventh
Legislative Session.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
REPORTS OF STANDING COMMITTEES
Respectfully submitted,
Arnold M. Brown, Chair
CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES
The Senate reconvened at 6:00 p.m., the President presiding.
MESSAGES FROM THE HOUSE
Respectfully,
Karen Gerdes, Chief Clerk
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered HB 1197 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1197 be amended as follows:
On page
1,
line 5 of the Senate engrossed bill,
delete everything after "
of
"
and insert "six
million six hundred forty-one thousand seven hundred dollars ($6,641,700)".
On page
1
,
line 6,
delete "
thousand dollars ($13,761,000)
"
.
On page
1
,
line 7,
after "
fund
"
insert "and six million six hundred forty-one thousand
seven hundred dollars ($6,641,700) from the budget reserve fund established by
§
4-7-31 to the
general fund".
On page
1
,
delete lines
8 and 9
.
On page
1
,
line 15,
delete "
two
"
and insert "three".
On page
2
,
line 1,
delete "
($2,000,000)
"
and insert "($3,000,000)".
Respectfully,
Karen Gerdes, Chief Clerk
On page
33,
line 43 of the printed bill, increase personal services GENERAL FUNDS
$757,290.
On page 33, line 44, increase operating expenses GENERAL FUNDS $117,147.
On page 33, line 47, increase FTEs 16.8.
Adjust all totals accordingly.
Description: Fix error in State Auditor program.
On page
7,
line 19 of the printed bill, delete "Informational".
Description: Delete informational designation from State Fair.
On page
11,
line 41 of the printed bill, increase personal services FEDERAL FUNDS
$27,300.
Adjust all totals accordingly.
Description: New DSS prescription grant.
On page
34,
line 31 of the printed bill,
delete "
$3,180,835
"
and insert "$3,245,367".
On page
34
,
line 33,
delete "
$1,454,501
"
and insert "$1,295,319".
On page
34
,
line 34,
delete "
$1,454,501
"
and insert "$1,295,319".
Description: Revise transfers from EETF and HCTF.
On page
35 of the printed bill,
delete lines
1 to 4
, inclusive.
Description: Domestic Abuse Shelters out of general bill.
On page
23,
line 12 of the printed bill, increase personal services OTHER FUNDS
$290,383.
On page 23, line 13, increase operating expenses OTHER FUNDS $97,500.
On page 23, line 16, increase FTEs 4.0.
Adjust all totals accordingly.
Description: Add FTE & funds for Office of Medical Education.
On page
26,
line 3 of the printed bill, decrease personal services GENERAL FUNDS
$39,000.
On page 26, line 4, decrease operating expenses GENERAL FUNDS $15,470.
On page 26, line 7, decrease FTEs 1.0.
Adjust all totals accordingly.
Description: Cut Juvenile Corrections Mentor Coordinator.
On page
15,
line 28 of the printed bill, decrease operating expenses GENERAL FUNDS
$1,000,000.
Adjust all totals accordingly.
Description: Remove increase for state aid to special education.
On page
16,
line 45 of the printed bill, decrease operating expenses GENERAL FUNDS
$40,000.
Adjust all totals accordingly.
Description: Reduce Operating Expenses General Funds in State Library.
On page
18,
line 13 of the printed bill, decrease personal services GENERAL FUNDS
$8,336.
decrease personal services OTHER FUNDS $200,079.
On page 18, line 14, decrease operating expenses OTHER FUNDS $221,180.
On page 18, line 17, decrease FTEs 5.0.
Adjust all totals accordingly.
Description: Decrease 5.0 FTE and funding - Highway Patrol.
On page 4, line 44 of the printed bill, decrease personal services OTHER FUNDS $45,000.
On page 4, line 45, decrease operating expenses OTHER FUNDS $5,000.
On page 5, line 2, decrease FTEs 1.0.
Description: Cut one internet crimes against children FTE_forensic analyst.
On page 4, line 30 of the printed bill, decrease personal services OTHER FUNDS $90,000.
On page 4, line 31, decrease operating expenses OTHER FUNDS $10,000.
On page 4, line 34, decrease FTEs 2.0.
Description: Cut LAN Integration Team Supervision 1.0 FTE and Network Engineer 1.0 FTE.
On page
31,
line 25 of the printed bill, decrease personal services GENERAL FUNDS
$41,660.
On page 31, line 26, decrease operating expenses GENERAL FUNDS $21,100.
On page 31, line 29, decrease FTEs 1.0.
Adjust all totals accordingly.
Description: Legislative Audit - reduce 1.0 FTE, salaries benefits $15,000 computers, $2,000
contract services.
On page
1,
line 15 of the printed bill, decrease personal services GENERAL FUNDS
$160,083.
On page 1, line 16, decrease operating expenses OTHER FUNDS $550,000.
On page 1, line 19, decrease FTEs 5.0.
Adjust all totals accordingly.
Description: Governor's Office Cut Bright Start 5.0 FTE, $160,083 general fund personal
services, $550,000 other funds.
On page
22,
line 24 of the printed bill, decrease operating expenses OTHER FUNDS
$25,000.
Adjust all totals accordingly.
Description: Decrease PUC operating expenses other funds $25,000 (travel).
On page 31, line 10 of the printed bill, decrease appropriation GENERAL FUNDS
$124,679.
Adjust all totals accordingly.
Description: LRC cut voting machine, ECS contract, Code Counsel travel, and consultants.
On page
12 of the printed bill,
line 31, decrease personal services OTHER FUNDS
$2,908,841.
On page
12
,
line 32, decrease operating expenses OTHER FUNDS $3,540,340.
On page
12
,
line 35, decrease FTEs 60.0.
On page
13
,
after line 16, insert:
|
"
|
GENERAL
FUNDS
|
FEDERAL
FUNDS
|
OTHER
FUNDS
|
TOTAL
FUNDS
|
|
Correctional Health
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,908,841
|
$2,908,841
|
|
Operating Expenses
|
$0
|
$0
|
$3,540,340
|
$3,540,340
|
|
Total
|
$0
|
$0
|
$6,449,181
|
$6,449,181
|
|
F.T.E.
|
|
|
|
60.0".
|
Adjust all totals accordingly.
Description: Appropriates funds for correctional health as a separate program.
On page
2,
line 45 of the printed bill, decrease operating expenses GENERAL FUNDS
$400,000.
Adjust all totals accordingly.
Description: BFM - WT computer devel pool general funds.
On page
14,
line 16 of the printed bill, decrease personal services OTHER FUNDS
$100,064.
On page 14, line 17, decrease operating expenses OTHER FUNDS $42,342.
On page 14, line 20, decrease FTEs 2.8.
Adjust all totals accordingly.
Description: Cut Retirement System 2.8 new FTE and associated operating expenses.
On page
5,
after line 34 of the printed bill, decrease personal services GENERAL FUNDS
$47,788.
On page 5, line 38, decrease FTEs 1.
Adjust all totals accordingly.
Description: "Inheritance Tax Lawyer".
On page
30,
line 34 of the printed bill, decrease personal services GENERAL FUNDS
$101,658.
Adjust all totals accordingly.
Description: Cut Special Magistrate Judge salary adjustment.
187be
On page
6,
line 31 of the printed bill, decrease personal services GENERAL FUNDS
$40,000.
On page 6, line 35, decrease FTEs 1.0.
Adjust all totals accordingly.
Description: Decrease 1.0 FTE and funding - Ag Policy Specialist.
On page
7,
line 24 of the printed bill, decrease FTEs 10.0.
Adjust all totals accordingly.
Description: Decrease State Fair FTE by 10.0.
On page
30,
line 35 of the printed bill, decrease operating services OTHER FUNDS
$18,423.
Adjust all totals accordingly.
Description: UJS has reduced the amount of Law Enforcement Training Funds to be used in its
Judicial Training program.
On page 5, line 34 of the printed bill, increase personal services GENERAL FUNDS
$47,788.
On page 5, line 34, decrease personal services OTHER FUNDS $47,788.
Adjust all totals accordingly.
Description: Revise Inheritance Tax Lawyer.
On page 6, line 35 of the printed bill, increase FTEs 1.0.
Adjust all totals accordingly.
Description: Reinstate Ag Policy FTE.
On page 11, line 21 of the printed bill, increase operating expenses FEDERAL FUNDS
$325,800.
Adjust all totals accordingly.
Description: Add $325,800 from the TANF federal fund for a cost of living adjustment of 3 %
for TANF recipients.
On page 15, line 17 of the printed bill, increase FTEs 1.0.
Adjust all totals accordingly.
Description: Mentoring Program FTE (no $).
On page 12, line 3 of the printed bill, increase operating expenses GENERAL FUNDS
$100,000.
Adjust all totals accordingly.
On page 35, after line 4, insert:
"From the Children's Trust Fund:
Child Protection Services $100,000".
Description: Transfers $100,000 from the Children's Trust Fund to the general fund and
appropriates the amount to Child Protection Services, Department of Social Services, for
children who have reached the age of 21.
On page 28, line 16 of the printed bill, increase operating expenses GENERAL FUNDS
$512,000.
On page 28, line 16, increase operating expenses FEDERAL FUNDS $970,000.
Adjust all totals accordingly.
Description: Add $1,482,000 from all funds ($512,000 general fund) for the home and
community based services program.
On page 32, line 47 of the printed bill, increase operating expenses other funds $100,000.
Adjust all totals accordingly.
Description: Secretary of State other funds.
On page 15, line 14 of the printed bill, decrease operating expenses general funds $40,000.
Adjust all totals accordingly.
Description: Task force funding removal.
On page 15, between lines 45 and 46, insert:
"Certified teachers
Personal services $0 $0 $0 $0
Operating expenses $48,000 $0 $0 $48,000
Total $48,000 $0 $0 $48,000
FTE 0.0".
Adjust all totals accordingly.
On page
28 of the printed bill,
line 30, increase operating expenses GENERAL FUNDS
$41,693.
increase operating expenses FEDERAL FUNDS $17,122.
increase operating expenses OTHER FUNDS $1,939.
On page 29, line 17, increase operating expenses GENERAL FUNDS $98,307.
increase operating expenses FEDERAL FUNDS $54,143.
Adjust all totals accordingly.
On page 35, after line 8, insert:
"Section 29. The amount of $140,000 of the unencumbered balance, from the
intergovernmental transfer fund, in the operating expenditures of the Division of Rehabilitation
Services, Department of Human Services, as of June 30, 2002, is hereby transferred to the
general fund."
Description: Appropriates $213,204 from all funds ($140,000 from the general fund) for
community mental health ($152,450 AF, $98,307 GF) and alcohol & drug abuse programming
($60,754 AF, $41,693 GF).
On the previously adopted amendment (187hm), delete the following:
"Section 29. The amount of $140,000 of the unencumbered balance, from the
intergovernmental transfer fund, in the operating expenditures of the Division of Rehabilitation
Services, Department of Human Services, as of June 30, 2002, is hereby transferred to the
general fund."
And that as so amended said bill do pass.
Respectfully submitted,
Bob Drake, Chair
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
MADAM PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 133 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 133 be amended as follows:
On page
2,
line 17 of the House engrossed bill,
delete "
ten and nine tenths
"
and insert
"
twenty-nine and one-tenth
".
On page 2, line 17, delete "
in
".
On page
2
,
line 18,
delete "
thirty-nine
"
and insert "
twenty and nine-tenths
".
On page
2
,
line 19,
delete "
and one-tenth
"
.
On page
4
,
between lines 10 and 11, insert:
"Section 6. That
§
34A-13-54
be amended to read as follows:
34A-13-54.
Except at sites determined to be high risk by the secretary of the Department
of Environment and Natural Resources using risk-based corrective action criteria, the director
shall suspend payments for tank pulling and corrective action at abandoned sites eligible for the
abandoned tank removal program if the balance of the fund is
five
two
million dollars or below.
The director shall resume payments for tank pulling and corrective action at abandoned sites
eligible for the abandoned tank removal program if the fund balance exceeds
five
two
million
dollars. Except as provided in
§
§
34A-13-49 to 34A-13-54, inclusive, all other limits of
coverage, conditions, and criteria in this chapter apply to tank pulling and corrective action
taken at abandoned sites.
"
Respectfully submitted,
Arnold M. Brown, Chair
Respectfully,
Karen Gerdes, Chief Clerk
REPORTS OF STANDING COMMITTEES
Respectfully submitted,
Arnold M. Brown, Chair
Respectfully submitted,
Arnold M. Brown, Chair