JOURNAL OF THE HOUSE

SEVENTY-FIFTH SPECIAL  SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
December 29, 2000

     The House convened at 10:30 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of Allegiance.

     Roll Call: All members present except Reps. Chicoine, Michels, Patterson, and Wudel who were excused.



MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate is now in session and has been duly organized by the election of the following officers: President Pro tempore, Harold W. Halverson; and Secretary of the Senate, Patricia Adam.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Halverson, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to the joint rules for the Special Session of the Seventy-fifth Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Halverson, Rounds, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Seventy-fifth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Halverson, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to fix the adjournment sine die for the Special Session of the Seventy-fifth Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Special Session of the Seventy-fifth Legislative Session.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to fixing the compensation of the elective and appointive officers and employees of the Senate and House for the Special Session of the Seventy-fifth Legislative Session.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 1, 2, and 3 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SJR 1 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

     There being no objection, the House proceeded to Order of Business No. 14.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SJR 1:   A JOINT RESOLUTION,   Proposing and submitting to the electors at a special election designated by the Seventy-fifth Legislature, meeting in special session, an amendment to Article XIII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund.

     Was read the first time.

     SB 1:   FOR AN ACT ENTITLED, An Act to   amend South Dakota law in connection with the sale of substantially all of the assets of the South Dakota State Cement Plant Commission, to enable the continued operation and use of real property relating to the business of the cement plant, by amending chapter 43-2A relating to alien ownership of agricultural land restrictions, to amend chapter 47-9A relating to corporate farming restrictions, to amend Title 11 relating

to zoning, to amend chapter 5-17 relating to the mineral leasing authority of the South Dakota State Cement Plant Commission, to zone South Dakota Cement Plant property, and to declare an emergency.

     Was read the first time.

     SB 2:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to constitutional amendments and submitted questions and to declare an emergency.

     Was read the first time.

     SB 3:   FOR AN ACT ENTITLED, An Act to   set a special election for the voters' consideration of a constitutional amendment to Article XIII, § 10 and to declare an emergency.

     Was read the first time.

     There being no objection, the House dispensed with referral of SJR 1, SB 1, 2, and 3 to the Committee of the Whole.

    Rep. Cutler moved that SJR 1, SB 1, 2, and 3 be placed on the calendar for immediate consideration.

     Which motion prevailed and the resolution and bills were so placed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SJR 1:   A JOINT RESOLUTION,   Proposing and submitting to the electors at a special election designated by the Seventy-fifth Legislature, meeting in special session, an amendment to Article XIII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund.

     Was read the second time.

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     Rep. Lucas moved that SJR 1 be amended as follows:

     On page 1 of the Senate engrossed resolution, delete lines 13 to 15 , inclusive, and insert:


"
     §  20. The net proceeds derived from the sale of state cement enterprises, less the transfer of twelve million dollars to the state general fund in fiscal year 2001, and less an additional twelve million dollars which shall be deposited into a separate holding fund to be transferred to the state general fund in fiscal year 2002, shall be deposited by the South Dakota Cement Plant Commission in the perpetual fund for the maintenance of public schools provided for in Article VIII, section 2, with the principal to be preserved and invested and the income to be apportioned for the benefit of the public schools as provided in this Constitution."

     On page 2 , delete lines 1 to 15 , inclusive.

    A roll call vote was requested and supported.
    
     The question being on Rep. Lucas's motion that SJR 1 be amended.

     And the roll being called:

     Yeas 22, Nays 40, Excused 8, Absent 0

     Yeas:
Burg; Cerny; Davis; Derby; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Nays:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Garnos; Heineman; Hennies; Jaspers; Juhnke; Konold; Koskan; McCoy; McNenny; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Young; Speaker Hunt

     Excused:
Chicoine; Fryslie; Klaudt; Lintz; Michels; Napoli; Patterson; Wudel

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

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     Rep. Cutler moved that SJR 1 be amended as follows:

     On page 1, line 9 of the Senate engrossed resolution, delete " section 2 " and insert "sections 2 and 3".

     On page 2 , line 8, delete " may " and insert "shall".

     Which motion prevailed and SJR 1 was so amended.



     The question being "Shall SJR 1 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 18, Excused 5, Absent 0

     Yeas:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Garnos; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; McCoy; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Young; Speaker Hunt

     Nays:
Cerny; Duenwald; Fryslie; Hagen; Haley; Hanson; Klaudt; Koehn; Koetzle; Lintz; Lockner; Lucas; McIntyre; McNenny; Nachtigal; Napoli; Waltman; Wilson

     Excused:
Chicoine; Derby; Michels; Patterson; Wudel

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

     SB 1:   FOR AN ACT ENTITLED, An Act to   amend South Dakota law in connection with the sale of substantially all of the assets of the South Dakota State Cement Plant Commission, to enable the continued operation and use of real property relating to the business of the cement plant, by amending chapter 43-2A relating to alien ownership of agricultural land restrictions, to amend chapter 47-9A relating to corporate farming restrictions, to amend Title 11 relating to zoning, to amend chapter 5-17 relating to the mineral leasing authority of the South Dakota State Cement Plant Commission, to zone South Dakota Cement Plant property, and to declare an emergency.

     Was read the second time.

     Speaker Pro tempore Eccarius now presiding.

     The question being "Shall SB 1 pass?"

     And the roll being called:

     Yeas 46, Nays 19, Excused 5, Absent 0


     Yeas:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Heineman; Hennies; Jaspers; Juhnke; Konold; Kooistra; Koskan; McCoy; McNenny; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Wilson; Young; Speaker Hunt

     Nays:
Burg; Cerny; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Lintz; Lockner; Lucas; McIntyre; Nachtigal; Napoli; Volesky; Waltman; Weber

     Excused:
Chicoine; Diedtrich (Elmer); Michels; Patterson; Wudel

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

     Pursuant to Joint Rule 5-13.1, SB 1 was up for immediate reconsideration.

     Rep. Cutler moved that the House do now recess until 1:15 p.m., which motion prevailed and at 1:03 p.m., the House recessed.

RECESS


     The House reconvened at 1:15 p.m., the Speaker presiding.


     The question being "Shall SB 1 pass?"

     And the roll being called:

     Yeas 50, Nays 16, Excused 4, Absent 0

     Yeas:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Wilson; Young; Speaker Hunt

     Nays:
Burg; Cerny; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Napoli; Volesky; Waltman; Weber

     Excused:
Chicoine; Michels; Patterson; Wudel



     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     SB 2:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to constitutional amendments and submitted questions and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 2 pass?"

     And the roll being called:

     Yeas 60, Nays 6, Excused 4, Absent 0

     Yeas:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt

     Nays:
Burg; Hagen; Haley; Koehn; Lucas; McIntyre

     Excused:
Chicoine; Michels; Patterson; Wudel

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     SB 3:   FOR AN ACT ENTITLED, An Act to   set a special election for the voters' consideration of a constitutional amendment to Article XIII, § 10 and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 3 pass?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 4, Absent 1


     Yeas:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McNenny; Monroe; Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt

     Nays:
Koehn; McIntyre

     Excused:
Chicoine; Michels; Patterson; Wudel

     Absent:
Munson (Donald)

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SJR 1.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     SCR 1:   A CONCURRENT RESOLUTION,   Approving the sale of the South Dakota State Cement Plant.

     Was read the first time.

     There being no objection the House dispensed with referral of SCR 1 to the Committee of the Whole.


    Rep. Cutler moved that SCR 1 be placed on the calendar for immediate consideration.

    Which motion prevailed and SCR 1 was so placed.

    
     SCR 1:   A CONCURRENT RESOLUTION,   Approving the sale of the South Dakota State Cement Plant.

     Rep. Cutler moved that SCR 1 as found on page 12 of the Senate Journal be concurred in.

     The question being on Rep. Cutler's motion that SCR 1 be concurred in.

     And the roll being called:

     Yeas 48, Nays 17, Excused 4, Absent 1

     Yeas:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Konold; Kooistra; Koskan; McCoy; McNenny; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Wilson; Young; Speaker Hunt

     Nays:
Burg; Cerny; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Lintz; Lockner; Lucas; McIntyre; Nachtigal; Napoli; Volesky; Waltman; Weber

     Excused:
Chicoine; Michels; Patterson; Wudel

     Absent:
Hagen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001   Introduced by:  Representatives Haley and Lucas and Senator Moore

       FOR AN ACT ENTITLED, An Act to   refer the question of the sale of the cement plant to a vote of the electors.

     Was read the first time.


     HJR 1001   Introduced by:  Representatives Haley and Lucas and Senators Moore and Flowers

       A JOINT RESOLUTION,   Proposing and submitting to the electors at a special election an amendment to Article XIII, section 10 of the Constitution of the State of South Dakota, relating to the sale of the cement plant.

     Was read the first time.

     There being no objection, the House dispensed with referral of HB 1001 and HJR 1001 to the Committee of the Whole.

    Rep. Cutler moved that HB 1001 and HJR 1001 be placed on the calendar for immediate consideration.

     Which motion prevailed and HB 1001 and HJR 1001 were so placed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001:   FOR AN ACT ENTITLED, An Act to   refer the question of the sale of the cement plant to a vote of the electors.

     Was read the second time.

     The question being "Shall HB 1001 pass?"

     And the roll being called:

     Yeas 12, Nays 48, Excused 4, Absent 6

     Yeas:
Burg; Cerny; Fischer-Clemens; Hanson; Kazmerzak; Lockner; Lucas; McCoy; McIntyre; Waltman; Weber; Wilson

     Nays:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; McNenny; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Young; Speaker Hunt

     Excused:
Chicoine; Michels; Patterson; Wudel


     Absent:
Hagen; Haley; Koehn; Koetzle; Nachtigal; Volesky

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

     HJR 1001:   A JOINT RESOLUTION,   Proposing and submitting to the electors at a special election an amendment to Article XIII, section 10 of the Constitution of the State of South Dakota, relating to the sale of the cement plant.

     Was read the second time.

     The question being "Shall HJR 1001 pass?"

     And the roll being called:

     Yeas 10, Nays 48, Excused 5, Absent 7

     Yeas:
Burg; Cerny; Fischer-Clemens; Hanson; Kazmerzak; Lockner; Lucas; McCoy; McIntyre; Wilson

     Nays:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; McNenny; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Wetz; Young; Speaker Hunt

     Excused:
Chicoine; Michels; Patterson; Weber; Wudel

     Absent:
Hagen; Haley; Koehn; Koetzle; Nachtigal; Richter; Volesky

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


CONSIDERATION OF REPORTS OF SELECT COMMITTEES


MR. SPEAKER:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Special Session of the Seventy-fifth Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 2:25 p.m., December 29, 2000.

Respectfully submitted,    Respectfully submitted,
Roger Hunt    M. Michael Rounds
Steve Cutler    Harold W. Halverson
Pat Haley    Jim Hutmacher
House Committee    Senate Committee

     Rep. Cutler moved that the report of the Joint-Select Committee relative to adjournment sine die of the Special Session be adopted.

    Which motion prevailed and the Joint Select Committee Report was adopted.

     SIGNING OF BILLS

The Speaker publicly read the title to

     SJR 1: A JOINT RESOLUTION, Proposing and submitting to the electors at a special election designated by the Seventy-fifth Legislature, meeting in special session, an amendment to Article XIII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund.

     SB 1: FOR AN ACT ENTITLED, An Act to  amend South Dakota law in connection with the sale of substantially all of the assets of the South Dakota State Cement Plant Commission, to enable the continued operation and use of real property relating to the business of the cement plant, by amending chapter 43-2A relating to alien ownership of agricultural land restrictions, to amend chapter 47-9A relating to corporate farming restrictions, to amend Title 11 relating to zoning, to amend chapter 5-17 relating to the mineral leasing authority of the South Dakota State Cement Plant Commission, to zone South Dakota Cement Plant property, and to declare an emergency.

     SB 2: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to constitutional amendments and submitted questions and to declare an emergency.

     SB 3: FOR AN ACT ENTITLED, An Act to  set a special election for the voters' consideration of a constitutional amendment to Article XIII, § 10 and to declare an emergency.

     And signed the same in the presence of the House.


MESSAGES FROM THE SENATE


MR. SPEAKER:

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

Respectfully,
Patricia Adam, Secretary

     The following closing prayer was offered by Pastor Roger Easland:

    O Lord of Epiphany's glory, You have visited us in the good will of our relationships throughout this special session. Thank You for holding us to account for the stewardship of our resources. Keep us safe as we travel home to the communities we love. Continue to bless our work together. Bless the continued challenge to agriculture, all business service, and governmental activities. We offer this prayer in the name of the living God in Christ, in the Spirit. Amen.

     Rep. Apa moved that the House do now adjourn, which motion prevailed and at 2:25 p.m. the House adjourned.

Karen Gerdes, Chief Clerk