Senate Journal 01/24/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 24, 2005

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

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate page Whitney Carlson.

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 eighth 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.

The oath of office was administered by the President to the following named persons:

Pages -- Whitney Carlson, Emily Haney-Caron, Paige Hemmah, Cassandra Hoy, Emily Jepsen, Karina Joens, David Johnson, Jennifer Lewis, Kelly Lueck, Shawn McFarland, and Miranda Phelps.

Which were subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1010 and 1020 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 23 and HB 1009 and 1048 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1047, 1060, and 1074 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1002: A CONCURRENT RESOLUTION, Expressing legislative support for the preservation of the words, under God, in the pledge of allegiance.

Was read the second time.

Sen. Duniphan moved that HCR 1002 as found on page 59 of the House Journal be concurred in as amended on page 102 of the House Journal.

The question being on Sen. Duniphan's motion that HCR 1002 be concurred in 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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1002 was concurred in as amended.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Bogue moved that the reports of the Standing Committees on

Judiciary on SB 55 as found on page 137 of the Senate Journal ; also

Judiciary on SB 60 as found on page 137 of the Senate Journal ; also

Judiciary on SB 12 as found on page 138 of the Senate Journal ; also

State Affairs on SB 77 as found on page 134 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 91 Introduced by: Senators Olson (Ed), McCracken, and Smidt and Representative Sebert

FOR AN ACT ENTITLED, An Act to provide free admission to state parks and recreation areas for certain military personnel.

Was read the first time and referred to the Committee on State Affairs.

SB 92 Introduced by: Senators Broderick, Dempster, Koetzle, McCracken, Moore, and Napoli and Representatives Pederson (Gordon), Elliott, Kroger, McCoy, Thompson, and Willadsen

FOR AN ACT ENTITLED, An Act to define a recreation vehicle, to exempt certain recreation vehicles from the maximum width restrictions for a vehicle, and to provide a length limitation for motor homes.

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

SB 93 Introduced by: Senators Knudson, Bogue, Dempster, and Schoenbeck and Representatives Cutler and Gillespie

FOR AN ACT ENTITLED, An Act to authorize qualified dispositions in trust.

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

SB 94 Introduced by: Senator Knudson and Representative Cutler

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

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

SB 95 Introduced by: Senators Sutton (Duane), Abdallah, Broderick, Gray, Hundstad, Koetzle, McNenny, Moore, and Napoli and Representatives Frost, Cutler, Dennert, Elliott, Jensen, Klaudt, Michels, Murschel, O'Brien, Olson (Ryan), Pederson (Gordon), Rounds, Turbiville, and Valandra

FOR AN ACT ENTITLED, An Act to authorize account wagering and multi-jurisdictional simulcasting and interactive wagering totalizator hubs and to revise certain provisions regarding pari-mutuel racing.

Was read the first time and referred to the Committee on State Affairs.

SB 96 Introduced by: Senators Duenwald and Nesselhuf and Representatives Schafer, Boomgarden, Davis, Hackl, and Kroger

FOR AN ACT ENTITLED, An Act to allow municipalities to offer full food services at certain licensed municipal facilities.

Was read the first time and referred to the Committee on Local Government.

SB 97 Introduced by: Senator Schoenbeck and Representative Peters

FOR AN ACT ENTITLED, An Act to establish a maximum value for certain protected homesteads.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 76: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2004.

Was read the second time.

The question being “Shall SB 76 pass?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 40: FOR AN ACT ENTITLED, An Act to establish minimum fire safety standards for specialty resorts.

Was read the second time.

Sen. Kelly moved that SB 40 be amended as follows:

On page 1 of the printed bill, delete lines 8 and 9 , and insert:

"(1) All primary exits that lead to the exterior of the structure shall be unlocked, free from obstruction, and clearly marked with illuminated exit signs. Sleeping rooms with direct exits to the exterior of the building are exempt from this requirement;".

On page 2 , delete lines 6 and 7 , and insert:

"(2) All primary exits that lead to the exterior of the structure shall be unlocked, free from obstruction, and clearly marked with illuminated exit signs. Sleeping rooms with direct exits to the exterior of the building are exempt from this requirement;".

Which motion prevailed.

The question being “Shall SB 40 pass as amended?”

And the roll being called:

Yeas 22, Nays 13, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Broderick; Dempster; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hundstad; Kelly; Knudson; Koetzle; Kooistra; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Apa; Bartling; Bogue; Duenwald; Greenfield; Hanson (Gary); Kloucek; Koskan; Lintz; Napoli; Peterson (Jim); Schoenbeck; 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 46: FOR AN ACT ENTITLED, An Act to modify the requirements for closed block individual health benefit plans.

Was read the second time.

Sen. Bogue moved that SB 46 be deferred to Monday, January 31, the 14^th legislative day.

Which motion prevailed.

SB 1: FOR AN ACT ENTITLED, An Act to revise the method used to determine the capacity of land to produce agricultural products.

Was read the second time.

Sen. Jim Peterson moved that SB 1 be further amended as follows:

On page 1, line 14 of the Senate Taxation Committee engrossed bill, delete " system " and insert " services of America ".

Which motion prevailed.

The question being “Shall SB 1 pass as amended?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 42: FOR AN ACT ENTITLED, An Act to revise the areas where the Game, Fish and Parks Commission may require a park license.

Was read the second time.

Sen. Moore moved that SB 42 be further amended as follows:

On page 1, line 14 of the Senate Agriculture and Natural Resources Committee engrossed bill, after " Ranch " insert " , except Pierson Ranch day use area ".

Which motion prevailed.

The question being “Shall SB 42 pass as amended?”

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Apa; Earley; Greenfield; Napoli; Smidt; 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 45: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to donate the former Governor's residence for a public purpose and to declare an emergency.

Was read the second time.

Sen. Bogue moved that SB 45 be further amended as follows:

On page 1, line 9 of the Senate State Affairs Committee engrossed bill, delete everything after " Governor. " and insert "Notwithstanding any other provision of state law, no money appropriated by the Legislature, or approved for expenditure by the special committee created by chapter 4-8A, may be expended for the removal of the building specified in section 1 of this Act or for the public purpose for which the building is removed."

On page 1 , delete line 10 .

Which motion prevailed.

The question being “Shall SB 45 pass as amended?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of burial expenses by life insurers and fraternal benefit societies.

Was read the second time.

The question being “Shall SB 52 pass?”

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; 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

Nays:
Abdallah; Duenwald

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 61: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Science and Technology Authority to use eminent domain for certain limited purposes.

Was read the second time.

The question being “Shall SB 61 pass as amended?”

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koskan; Lintz; McCracken; Moore; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Bartling; Greenfield; Kloucek; Koetzle; Kooistra; McNenny; Napoli; Peterson (Jim); 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 50: FOR AN ACT ENTITLED, An Act to remove certain references regarding conversion from the requirements for continuation of group health coverage.

Was read the second time.

The question being “Shall SB 50 pass as amended?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 70: FOR AN ACT ENTITLED, An Act to enact the South Dakota Business Corporation Act, to repeal certain chapters relating to corporations, and to revise certain related provisions.

Was read the second time.

The question being “Shall SB 70 pass?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1047: FOR AN ACT ENTITLED, An Act to authorize premium discounts for small employers who meet certain carrier participation requirements.

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

HB 1060: FOR AN ACT ENTITLED, An Act to authorize the secretary of Revenue and Regulation to issue a cease and desist order to vehicle, snowmobile, manufactured home, and boat dealers for certain violations, to authorize imposition of monetary penalties for failure to comply with a cease and desist order, and to modify the reasons for suspending or revoking a dealer's license.

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

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the maximum term of promissory notes issued to municipalities.

Was read the first time and referred to the Committee on Local Government.

Sen. Adelstein moved that the Senate do now adjourn, which motion prevailed and at 3:12 p.m. the Senate adjourned.

Patricia Adam, Secretary