Senate Journal 01/19/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 19, 2005

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

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Alicia Coggins.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fifth 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,

Lee Schoenbeck, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 44 and 62 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 45 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9 of the printed bill, after " Governor. " insert "No state moneys may be expended for the removal of this building or for the public purpose for which it is removed."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 61 and returns the same with the recommendation that said bill be amended as follows:

On page 4, line 20 of the printed bill, delete " section 7 " and insert "section 8".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of James Hagen of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Tourism and State Development and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 42 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 2 of the printed bill, delete " Belle " and insert " Rocky Point ".

On page 2 , line 3, delete " Fourche Recreation Area " .

On page 1, line 7 of the printed bill, delete " , state nature areas, " .

On page 2 , line 3, delete " Roughlock Falls; " .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 28 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 7 and 8 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 1 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the printed bill, after " ~~and/or~~ " insert " the extent to which the land is able to be tilled or is nontillable based upon soil type, terrain, topographical, and surface conditions, and ".

On page 1 , line 11, delete " tillable acres, " .

On page 1 , line 12, delete " and nontillable acres, " .

On page 1 , line 12, overstrike " soil conservation service, the agricultural " and insert " natural resources conservation service, farm credit services of America, farm service agency ".

On page 1 , line 13, overstrike " stabilization and conservation service " .

On page 1 , line 13, overstrike " federal land bank " .

On page 1 , line 13, delete " , " .

On the previous amendment (1fa) delete " services of America " and insert " system ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 47 and returns the same with the recommendation that said bill be amended as follows:

On page 3, after line 9 of the printed bill, insert:

“Section 5. That § 10-43-76 be amended to read as follows:

10-43-76. Upon the receipt of the funds referred to in this chapter, the secretary of revenue and regulation shall deposit ninety-five percent of the taxes paid by banks organized under §§ ~~51-16-40 to 51-16-44~~ 51A-2-38 to 51A-2-43 , inclusive, and twenty-six and two-thirds percent of all other revenue to the general fund. The secretary of revenue and regulation shall remit the remainder, on or before February first of each year, to the county treasurer of the county wherein is situated the bank or financial institution remitting the tax. However, the remittance of tax from all branch banks, branch offices, or branches of other financial institutions subject to this tax shall be separated from the remittance of the parent bank or financial institution and shall be remitted to the county treasurer of the county wherein said branch bank, branch office, or financial institution is located. ".

On page 1, line 2 of the printed bill, after " Code " insert "and to revise certain cross references".

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 5 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1009, 1010, 1020, and 1048 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1001: A CONCURRENT RESOLUTION, Requesting the United States Department of Agriculture to reimpose the ban on importation of Canadian cattle.

Was read the first time.

The President announced the waiving of the committee referral and placed HCR 1001 on the calendar of Thursday, January 20, the 7^th legislative day.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

Sen. Bogue moved that the report of the Joint-Select committee relative to the securing of chaplains as found on page 97 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Bogue moved that the report of the Joint-Select committee relative to arranging legislative days as found on page 97 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 78 Introduced by: Senators McNenny, Bartling, and Duniphan and Representatives Turbiville, Brunner, Buckingham, Davis, Hackl, Halverson, Hargens, Hennies, and Jensen

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the taxes electric cooperatives pay to certain municipalities.

Was read the first time and referred to the Committee on Taxation.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Moore requested that SB 31 be removed from the Consent Calendar.

SB 13: FOR AN ACT ENTITLED, An Act to create certain provisions regarding transfers of experience rating accounts and assignment of unemployment insurance tax rates.

Was read the second time.

The question being “Shall SB 13 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Napoli

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.

SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding creditable health insurance coverage.

Was read the second time.

The question being “Shall SB 30 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Napoli

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.

SB 49: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding payments or assignments by insurance producers for referrals.

Was read the second time.

The question being “Shall SB 49 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Napoli

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.

SB 63: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding pedestrian control signals.

Was read the second time.

The question being “Shall SB 63 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Napoli

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 15: FOR AN ACT ENTITLED, An Act to provide that certain submissions constitute waiver of the right to change a hearing examiner in certain contested cases regarding workers' compensation.

Was read the second time.

The question being “Shall SB 15 pass as amended?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

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. Koskan moved that SB 40 and 46 be deferred to Friday, January 21, the 8^th legislative day.

Which motion prevailed.

SB 20: FOR AN ACT ENTITLED, An Act to prohibit a mobile telecommunications service provider from including a subscriber's telephone number in a wireless directory assistance service database without the subscriber's authorization.

Was read the second time.

The question being “Shall SB 20 pass as amended?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

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.

SB 29: FOR AN ACT ENTITLED, An Act to provide the South Dakota risk pool with the ability to enter into certain provider contracts and to declare an emergency.

Was read the second time.

The question being “Shall SB 29 pass?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

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.

SB 48: FOR AN ACT ENTITLED, An Act to authorize the director of the Division of Banking to enter into certain interstate agreements and to establish certain procedures regarding those agreements.

Was read the second time.

The question being “Shall SB 48 pass?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

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.

SB 59: FOR AN ACT ENTITLED, An Act to permit the involuntary feeding or hydration of a prisoner.

Was read the second time.

The question being “Shall SB 59 pass as amended?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1009: FOR AN ACT ENTITLED, An Act to revise certain filing requirements for limited liability companies and to repeal certain obsolete provisions.

Was read the first time and referred to the Committee on Judiciary.

HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding federal tax lien registrations.

Was read the first time and referred to the Committee on Judiciary.

HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions related to clemency hearings and other hearings of the Board of Pardons and Paroles.

Was read the first time and referred to the Committee on Judiciary.

HB 1048: FOR AN ACT ENTITLED, An Act to modify certain bonding provisions for nonresident violators of game, fish and park laws.

Was read the first time and referred to the Committee on Judiciary.

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

MESSAGES FROM THE HOUSE

MR. 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 arranging legislative days for members, officers, and employees of the House and Senate.

Also MR. 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 securing chaplains for the Eightieth Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk

SC 5 Introduced by: Senators Kloucek, Adelstein, Bartling, Dempster, Kooistra, Koskan, Moore, and Nesselhuf and Representatives Putnam, Deadrick, Garnos, Glover, Hunhoff, Jensen, Jerke, Koistinen, Miles, Murschel, O'Brien, Rausch, Roberts, Schafer, Street, Thompson, Van Norman, and Weems

A LEGISLATIVE COMMEMORATION, Honoring Amber Stern of Freeman, South Dakota, Girls State Governor, and Jon Brockhoft of Winner, South Dakota, Boys State Governor, and commending the South Dakota American Legion and Auxiliary for their sponsorship and coordination of the Girls State and Boys State programs.

WHEREAS, Amber Stern and Jon Brockhoft have been selected and are serving in these high offices and are outstanding young South Dakota leaders; and

WHEREAS, the goals of Boys State and Girls State are:

(1) To better help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship; and

(2) To give better knowledge of the fundamental principles of government within the State of South Dakota through a unique learn-by-doing workshop; and

WHEREAS, the South Dakota American Legion and Auxiliary have worked diligently for more than the last sixty years in conducting these fine programs:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Amber Stern and Jon Brockhoft be congratulated for their outstanding achievement; that appreciation be extended to those adults who donate time and energy to the program; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys and Girls State.

Sen. Hundstad moved that the Senate do now adjourn, which motion prevailed and at 2:35 p.m. the Senate adjourned.

Patricia Adam, Secretary