The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of
Allegiance led by Senate page Amber Dellman.
Roll Call: All members present except Sens. Kloucek and Duane Sutton who were
excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the sixth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Senate proceeded to the consideration of the executive appointment of James Hagen
of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Tourism and
State Development.
The question being “Does the Senate advise and consent to the executive appointment of
James Hagen pursuant to the executive message as found on page 40 of the Senate Journal?”
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls
Excused:
Kloucek; Koetzle; Sutton (Duane)
So the question having received an affirmative vote of a majority of the members-elect,
the President declared the appointment confirmed.
The Committee on Education respectfully reports that it has had under consideration
SB
11,
64, and
71 which were deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB
34,
35 and
36 and returns the same with the recommendation that said
bills be referred to the Committee on Appropriations.
The Committee on Commerce respectfully reports that it has had under consideration
SB
52 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
SB
68 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 Commerce respectfully reports that it has had under consideration
SB 50 and returns the same with the recommendation that said bill be amended as follows:
"Section 10. That
§
58-18C-1
be amended to read as follows:
58-18C-1.
Every policy of group health insurance providing benefits for hospital or
medical expenses delivered or issued for delivery in this state, by a commercial health insurance
company, by a nonprofit medical and surgical service plan corporation, by a nonprofit hospital
service plan corporation, by a health maintenance organization, or by any other similar
mechanism shall, in addition to the provisions required by law, include the right of each
employee, upon their employer ceasing operations and the termination of the policy or contract,
to have the coverage continue for themselves and their eligible dependents, effective as of the
date of loss of the previous group coverage, for a period of twelve months for which the
employee shall be financially responsible. In addition, if an employer either fails to submit
premium payment to the insurance company resulting in loss of coverage to its employees or
cancels the coverage and does not notify the employees of such loss of coverage, the employees
and their dependents are then eligible for continuation pursuant to this section if election is
made within sixty days of the date of their being notified of the loss of coverage. The employer
shall provide notice of any nonpayment of premiums or cancellation of coverage to employees
as soon as reasonably possible but no later than ten days after the date of cancellation. If the
employer fails to notify the employees and their dependents of the termination of coverage
within ten days, the employees and dependents may not be denied coverage by the insurer
provided timely election is made after actual receipt of notice. Whether notice is provided or
not, the election period for continuation of coverage may expire ninety days from the date the
group coverage terminated. Any premiums due for the continuation of coverage may be
required to be paid by the employee or dependent as a condition of providing continuation
coverage.
I have the honor to transmit herewith HB 1037, 1040, 1043, 1050, 1063, and 1064 which
have passed the House and your favorable consideration is respectfully requested.
Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 21, the 8th legislative day.
Which motion prevailed.
SCR 1
Introduced by:
Senators Adelstein, Apa, Broderick, Duniphan, Gray, Hundstad,
Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore,
Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Sutton (Dan), and Two Bulls and
Representatives Hennies, Bradford, Buckingham, Cutler, Dykstra, Elliott, Fryslie, Gillespie,
Glover, Hanks, Hargens, Hills, Kraus, McCoy, McLaughlin, Olson (Ryan), Pederson (Gordon),
Rhoden, Rounds, Turbiville, and Van Norman
A CONCURRENT RESOLUTION,
Praising the dramatic progress at Crazy Horse
Memorial and recognizing the memorial's year of renewing the dream of Chief Henry Standing
Bear and sculptor Korczak Ziolkowski.
Was read the first time.
The President announced the waiving of the committee referral and placed SCR 1 on the
calendar of Friday, January 21, the 8th legislative day.
HCR 1001: A CONCURRENT RESOLUTION, Requesting the United States Department of Agriculture to reimpose the ban on importation of Canadian cattle.
Sen. Bogue moved that the Senate do concur in HCR 1001 as found on page 82 of the
House Journal.
The question being on Sen. Bogue's motion that the Senate do concur in HCR 1001.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls
Excused:
Kloucek; Sutton (Duane)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1001 was concurred in.
Sen. Bogue moved that the reports of the Standing Committees on
Taxation on SB 1 as found on page 110 of the Senate Journal
; also
Agriculture and Natural Resources on SB 42 as found on page 109 of the Senate Journal
;
also
State Affairs on SB 45 as found on page 108 of the Senate Journal
; also
State Affairs on SB 61 as found on page 108 of the Senate Journal
; also
Taxation on SB 47 as found on page 110 of the Senate Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 79 Introduced by: Senator Nesselhuf and Representatives Miles, Hennies, Murschel, and Schafer
Was read the first time and referred to the Committee on Commerce.
SB 80
Introduced by:
Senators Kloucek, Bartling, Hanson (Gary), Kooistra, Nesselhuf, and
Peterson (Jim) and Representatives Gassman, Dennert, Gillespie, Glover, Haley, Kroger, Lange,
Peters, Roberts, Sigdestad, Thompson, and Van Norman
FOR AN ACT ENTITLED, An Act to
provide certain electric power generation facilities
a refund of the contractor's excise tax.
Was read the first time and referred to the Committee on Taxation.
SB 81
Introduced by:
Senators Abdallah, Earley, Gray, Kelly, and Koskan and
Representatives Cutler, Hennies, and Tornow
FOR AN ACT ENTITLED, An Act to
authorize United States Postal Inspectors to act as
law enforcement officers, in certain circumstances, for the enforcement of state law.
Was read the first time and referred to the Committee on Judiciary.
SB 82
Introduced by:
Senators Kelly, Broderick, Koetzle, McCracken, Moore, Napoli,
Olson (Ed), Peterson (Jim), and Sutton (Dan) and Representatives Michels, Cutler, Elliott,
Frost, Hennies, Howie, Hunt, Murschel, O'Brien, Pederson (Gordon), Sebert, and Wick
FOR AN ACT ENTITLED, An Act to
permit a real estate broker to appoint agents within
an office to represent separate parties to a real estate transaction.
Was read the first time and referred to the Committee on Commerce.
SB 83
Introduced by:
Senators Kelly, Abdallah, Broderick, Dempster, Gant, Hundstad,
McCracken, McNenny, Moore, and Olson (Ed) and Representatives Michels, Bradford, Cutler,
Deadrick, Dykstra, Faehn, Frost, Garnos, Hargens, Hennies, Howie, Kraus, Krebs, McCoy,
O'Brien, Rave, Rhoden, Sebert, Valandra, Weems, and Willadsen
FOR AN ACT ENTITLED, An Act to
revise the seller's property condition disclosure
statement.
Was read the first time and referred to the Committee on Commerce.
FOR AN ACT ENTITLED, An Act to
revise the definition of victims who may address
the court before sentencing is imposed.
Was read the first time and referred to the Committee on Judiciary.
SB 85
Introduced by:
The Committee on Commerce at the request of the Governor
FOR AN ACT ENTITLED, An Act to
modify certain provisions relating to the charging
of employers for the payment of unemployment insurance benefits.
Was read the first time and referred to the Committee on Commerce.
SB 86
Introduced by:
Senators Duenwald, Broderick, Gray, Koskan, and Olson (Ed) and
Representatives Rounds, Davis, Hennies, Jensen, and Murschel
FOR AN ACT ENTITLED, An Act to
revise the compensation for deputy coroners.
Was read the first time and referred to the Committee on Local Government.
SB 87
Introduced by:
Senators Schoenbeck, Abdallah, Bogue, Broderick, Dempster, Gray,
Knudson, Koetzle, Moore, Nesselhuf, Olson (Ed), Sutton (Dan), and Two Bulls and
Representatives Michels, Bradford, Cutler, Deadrick, Dykstra, Gillespie, Haley, Hennies, Hunt,
Murschel, O'Brien, Peters, Putnam, Tornow, and Van Norman
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the collection
of taxes imposed on the services of a lawyer.
Was read the first time and referred to the Committee on State Affairs.
SB 88
Introduced by:
Senators Schoenbeck, Abdallah, Bogue, Broderick, Gray, Knudson,
Koetzle, Moore, Olson (Ed), and Sutton (Dan) and Representatives Michels, Cutler, Deadrick,
Gillespie, Haley, Hennies, Hunt, Murschel, O'Brien, and Tornow
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the collection
of tax by retailers maintaining a place of business in the state.
Was read the first time and referred to the Committee on State Affairs.
SB 7:
FOR AN ACT ENTITLED, An Act to
revise the notice requirements for road
district elections.
Was read the second time.
The question being “Shall SB 7 pass?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls
Excused:
Kloucek; Sutton (Duane)
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 8:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning voter
tabulation systems.
Was read the second time.
The question being “Shall SB 8 pass?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls
Excused:
Kloucek; Sutton (Duane)
SB 22:
FOR AN ACT ENTITLED, An Act to
change the agency required to provide
certain information regarding the value of railroad property.
Was read the second time.
The question being “Shall SB 22 pass?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls
Excused:
Kloucek; Sutton (Duane)
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 44:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
collection of debt and fees by the Bureau of Administration.
Was read the second time.
The question being “Shall SB 44 pass?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls
Excused:
Kloucek; Sutton (Duane)
SB 62:
FOR AN ACT ENTITLED, An Act to
authorize the South Dakota Science and
Technology Authority to invest funds with the State Investment Council.
Was read the second time.
The question being “Shall SB 62 pass?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls
Excused:
Kloucek; Sutton (Duane)
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 31:
FOR AN ACT ENTITLED, An Act to
update certain provisions pertaining to
motor carrier safety and transportation of hazardous materials.
Was read the second time.
The question being “Shall SB 31 pass?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan;
Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); 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.
HB 1037:
FOR AN ACT ENTITLED, An Act to
revise the definition of a bad debt and
modify the circumstances under which a bad debt may be deducted for taxation purposes.
Was read the first time and referred to the Committee on Taxation.
HB 1040:
FOR AN ACT ENTITLED, An Act to
repeal certain sales and use tax
exemptions that conflict with certain statutory exemptions.
Was read the first time and referred to the Committee on Taxation.
HB 1043:
FOR AN ACT ENTITLED, An Act to
revise the definition of the term, prepared
food, for sales and use tax purposes.
Was read the first time and referred to the Committee on Taxation.
HB 1050:
FOR AN ACT ENTITLED, An Act to
provide that residents under sixteen years
of age are not required to obtain a resident wholesale bait dealer license.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1063:
FOR AN ACT ENTITLED, An Act to
repeal certain administrative rule-making
authority regarding education for gifted children.
Was read the first time and referred to the Committee on Education.
HB 1064:
FOR AN ACT ENTITLED, An Act to
remove the requirement for a certificate
of health for certain persons with continuing contracts in a consolidated school district.
Was read the first time and referred to the Committee on Education.
WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives
of twelve former members of the South Dakota Legislature, namely: the Honorable Dale V.
Andersen, the Honorable George D. Blue, the Honorable Willis E. "Bill" Danekas, the
Honorable Robert W. Hirsch, the Honorable Robert C. Kostboth, Sr., the Honorable Carol
Maicki, the Honorable Maurice A. Olson, the Honorable Robert L. Samuelson, the Honorable
James L. Stoick, the Honorable Elvern Varilek, the Honorable Drue J. Vitter, and the
Honorable Mary Kathryn Wagner; and
WHEREAS, it is fitting that we humbly honor the memory of those who have thus
contributed to the orderly process of government under the Constitution:
NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of
Representatives of the Eightieth Session of the Legislature of the State of South Dakota duly
convened in recess session in recognition of the useful lives and unfailing devotion to the
interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity
to the highest principles of American citizenship by these honorable people, that the Senate and
the House of Representatives do now pause in their labors out of respect for the memory of their
late fellow associates in the functions of government, and note that in their passing, the state
they have served so well has suffered a distinct loss, and though their labors have ceased and
they have been laid to rest, the people of this great state have benefited greatly from the services
rendered by them and they have left upon the sands of time an inspiring record of devotion to
their fellow citizens under the guiding hand of Almighty God; and
BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the
Senate and the House of Representatives of the Eightieth Session of the Legislature of the State
of South Dakota, now assembled this 20th day of January, 2005, at Pierre, South Dakota.