JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION




THIRTY-FIFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 12, 2002

     The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Geraldine King, followed by the Pledge of Allegiance led by Senate page Erich Heber.

     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 thirty-fourth day and finds that the following correction shall be made:

    On page 728, after line 16, insert:

"CONSIDERATION OF REPORTS OF COMMITTEES

    Sen. Everist moved that the report of the Standing Committee on

    Appropriations on SB 187 as found on page 720 of the Senate Journal be adopted.

    Which motion prevailed and the report was adopted."

     All other 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.

COMMUNICATIONS AND PETITIONS


February 24, 2002

Madam President and Members of the Senate:

    I have the honor to inform you that I have approved Senate Bills 21, 42, 55, 72, 73, 95, 114, 146, and 169, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

February 25, 2002

Madam President and Members of the Senate:

    I have the honor to inform you that I have approved Senate Bills 8, 89, 102, 103, 124, 140, 142, 172, 179, and 186, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

February 27, 2002

Madam President and Members of the Senate:

    I have the honor to inform you that I have approved Senate Bills 5, 19, 35, 36, 57, 58, 87, 90, 94, 108, 109, 110, 111, 113, 130, 136, 141, 144, 156, 157, 158, 165, 168, 180, 184, and 185, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow


February 28, 2002

Madam President and Members of the Senate:

    I have deposited Senate Bill 167 in the office of the Secretary of State without my signature.

    Pursuant to Article IV, Section 4 of the Constitution, the bill will become law without my signature.

Respectfully submitted,
William J. Janklow

February 28, 2002

Madam President and Members of the Senate:

    I have the honor to inform you that I have approved Senate Bills 14, 29, 32, 133, 151, 177, 182, 183, and 187, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

February 27, 2002

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

Dear Madam President and Members of the Senate:

I am returning Senate Bill 81 and VETO the same.

Senate Bill 81 is entitled, "An Act to limit the Department of Labor's authority to recommend settlements in labor disputes." Unfortunately, if Senate Bill 81 is allowed to become law, it will severely reduce the Department of Labor's capacity to mediate disputes successfully.

The Department performs two functions. It mediates disputes and, if mediation is unsuccessful, it performs a fact-finding service. It is often successful in mediating disputes, because it is a neutral third party and because the mediation process is confidential.

However, if enacted, Senate Bill 81 would force the Department to disclose information it learns during the confidential mediation process when mediation fails and the Department issues its fact-finding report. This will have a chilling effect on all future submissions of information by

disputing parties in future mediation attempts. Disputing parties will stop giving confidential information to the Department of Labor, because the parties will not want that information to be publicized in a Department fact-finding report. Therefore, most mediation attempts will fail because the Department will not have all the information it needs to help parties resolve their differences.

Lawyers, doctors, and clergy all have confidentiality protections under the law so they can help people solve problems. The Department of Labor needs to continue to have a similar reliance on confidentiality so that it can continue to help disputing parties resolve differences and solve problems.

I respectfully request that you concur in my action.

Respectfully submitted,
William J. Janklow

     Sen. Everist moved that the Senate do now recess until 11:00 a.m., which motion prevailed and at 10:15 a.m., the Senate recessed.

RECESS


     The Senate reconvened at 11:00 a.m., the President presiding.

COMMUNICATIONS AND PETITIONS
(continued)

February 28, 2002

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

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Cheryl Laurenz- Bogue, Ziebach County, Dupree, South Dakota, to the Board of Pardons and Paroles.

    This appointment is effective immediately, and shall continue until January 20, 2003.

Sincerely,
William J. Janklow
Governor

    The President waived the committee assignment of the appointment of Cheryl Laurenz- Bogue.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Cheryl Laurenz-Bogue of Ziebach County, Dupree, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive appointment of Cheryl Laurenz-Bogue?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Bogue; Moore; Olson (Ed)

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

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Eccarius, Napoli, and Burg as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Eccarius, Bill Peterson, and Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Seventy-seventh Legislative Session.



Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The Senate proceeded to the reconsideration of SB 81 pursuant to the veto of the Governor and the veto message found on page 735 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall SB 81 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 18, Nays 17, Excused 0, Absent 0

     Yeas:
Apa; Brosz; de Hueck; Dennert; Duxbury; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Volesky; Whiting

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

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

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has approved HB 1240 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 878 of the House Journal.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on HB 1240.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS



     The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1240 as found on page 878 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1240 be approved?"

     And the roll being called:

     Yeas 34, Nays 1, 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; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Staggers

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

MOTIONS AND RESOLUTIONS


     Sen. Everist moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to fix the time of adjournment sine die of the Seventy-seventh Legislative Session.

     Which motion prevailed and the President appointed as such committee Sens. Everist, Brown, and Hutmacher.

     Sen. Everist moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

     Which motion prevailed and the President appointed as such committee Sens. Everist, Brown, and Hutmacher.

     Sen. Everist moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 12:00 noon, the Senate recessed.

RECESS


     The Senate reconvened at 1:00 p.m., the President presiding.

MOTIONS AND RESOLUTIONS
(continued)

     SCR 15   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, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting and Representatives Peterson (Bill), Abdallah, Adelstein, Begalka, Bradford, Broderick, Brown (Richard), Burg, Clark, Derby, Duenwald, Duniphan, Eccarius, Elliott, Frost, Fryslie, Garnos, Hansen (Tom), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Koistinen, Konold, Lintz, Madsen, McCaulley, McCoy, Michels, Monroe, Murschel, Olson (Mel), Pederson (Gordon), Peterson (Jim), Pitts, Pummel, Rhoden, Richter, Sebert, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Van Etten, Van Gerpen, Van Norman, and Wick

         A CONCURRENT RESOLUTION,  Honoring Governor William J. Janklow for his service to the State of South Dakota.

     WHEREAS,  Governor William J. Janklow has served his state and nation with distinction over five decades, beginning with service as a United States Marine in the Far East from 1956 to 1959 and continuing through his election in 1998 to an unprecedented fourth term as the Governor of the State of South Dakota. Governor Janklow has served as Chief Legal Officer, South Dakota Legal Services, Rosebud Indian Reservation (1966-1973); Chief Prosecutor, South Dakota Attorney General's Office (1973-1974); South Dakota Attorney General (1975- 1979); and Governor of South Dakota (1979-1987 and 1995 to the present time); and

     WHEREAS,  Governor Janklow was born on September 13, 1939, in Chicago, Illinois. Following his Marine Corps Service, he completed a degree in business administration at the University of South Dakota in 1964 and a law degree in 1966 and began his career of public service. He married Mary Dean Thom on September 3, 1960, and they have three children: Russell, Pamela, and Shonna. He is a devoted father and grandfather; and

     WHEREAS,  Governor Janklow's energy, dedication, and fighting spirit, which are well- known to all South Dakotans, have enabled him to build a lifetime of achievements and accomplishments for this state and the well-being of its people. His terms as Governor have included unprecedented initiatives in such diverse areas as water resources development, transportation, education and educational technology, law enforcement, property tax relief, economic development, and a host of other fields of endeavor. As Governor, he took special care to recognize South Dakota's veterans through the creation of memorials at the Capitol for South Dakota's Veterans of World War II, the Korean War, and the Vietnam War. Governor Janklow's life has been defined by his passion to fight for his principles and for the things in

which he believes as well as by his loyalty and fierce devotion to friends and family. His long and diligent service has made South Dakota 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 Governor William J. Janklow has fashioned a lifetime of public service to the people of South Dakota and that the South Dakota Legislature acknowledges and expresses its gratitude to Governor Janklow for his efforts and achievements.

     Sen. Everist escorted his Excellency, Governor William J. Janklow, to the podium.

    Sens. Everist and Hutmacher and Reps. Mel Olson and Bill Peterson spoke briefly. Sen. Brown and Speaker of the House Eccarius read SCR 15 to members of both houses assembled in the Senate Chamber and to Governor Janklow who spoke briefly.

    The President waived the committee referral.

     Sen. Brown (Arnold) moved that SCR 15 be adopted.

     The question being on Sen. Brown's motion that SCR 15 be adopted.

     And the roll being called:

     Yeas 29, Nays 0, Excused 6, Absent 0

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

     Excused:
Hagen; Ham; Koetzle; Reedy; Symens; Volesky

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 15 was adopted.

MESSAGES FROM THE HOUSE



MADAM PRESIDENT:

    I have the honor to return herewith SCR 15 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES



MADAM PRESIDENT:

    Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Seventy-seventh Legislative Session.

Respectfully submitted,    Respectfully submitted,
Scott Eccarius    Barbara Everist
William Napoli    Arnold Brown
Quinten Burg    Jim Hutmacher
House Committee    Senate Committee

     Sen. Everist moved that the report of the Joint-Select Committee relative to informing his Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die be adopted.

     Which motion prevailed.


Also MADAM PRESIDENT:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Seventy-seventh Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 3:23 p.m., March 12, 2002.

Respectfully submitted,                    Respectfully submitted,
Scott Eccarius                                Barbara Everist
Bill Peterson                                Arnold Brown
Mel Olson                                Jim Hutmacher
House Committee                            Senate Committee


     Sen. Everist moved that the report of the Joint-Select Committee relative to adjournment sine die of the Seventy-seventh Legislative Session be adopted.

     Which motion prevailed.

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of informing his Excellency, the Governor, that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the Seventy-seventh Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk

    The following closing prayer was offered by Pastor Geraldine C. King:

    Almighty God, we thank You for all Your mercies given to all creation each and every day. You have always been God. Long before the earth was formed, long after it ceases to exist, You are and ever will be God. With You there is no beginning or end. With You time is not measured.

    God, we thank You for breaking into our short span of existence to assist, strengthen, nurture, and grace those who serve our country and this state.

    We lift up to Your honor and glory the service, guidance, and leadership in these closing days of the Seventy-seventh Legislative Session of the state of South Dakota that we have received from our Governor, William J. Janklow; Lieutenant Governor, Carole Hillard; our Secretary of State, Joyce Hazeltine; Speaker of the House, Scott Eccarius; the legislators of the House and Senate, the clerks, pages, research council members, and all who legislate, assist, and carry out the laws of this state. We especially thank You for those leaders who will no longer be serving this state.

    As their service to You and to this state continue beyond these walls, may they ever be mindful of Your will and purpose for all of creation and for all the citizens of this state and

country. Imprint on them Your name and empower them to continue serving You in all that they say and do.

    Blessings and power and glory and might and honor and majesty are Yours, now and forever. Amen.

     Sen. Everist moved that the Senate do now adjourn sine die, which motion prevailed and at 3:23 p.m. the Senate adjourned.

Patricia Adam, Secretary