Senate Journal 01/25/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 25, 2005

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

The prayer was offered by the Chaplain, Pastor Billy Wilson, followed by the Pledge of Allegiance led by Senate page Emily Haney-Caron.

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 ninth 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 Education respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 5 of the printed bill, delete everything after " plan " and insert " within the time allowed in this section, the Secretary of Education shall submit a plan to the voters of each affected school board within ninety days. "

On page 2 , delete lines 6 and 7 .

On page 1, line 10 of the printed bill, overstrike " fifteen " and insert " thirty ".

On page 1, line 2 of the printed bill, after " reorganization " insert "and to increase the percentage of voters necessary to petition for school district reorganization".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 65 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 69 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 69 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1002, 1023, 1036, 1039, 1041, 1045, 1056, 1067, 1071, and 1072 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 98 Introduced by: Senators Abdallah, Adelstein, Bartling, Broderick, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Schoenbeck, Smidt, Sutton (Dan), and Sutton (Duane) and Representatives Cutler, Garnos, Hackl, Hennies, Kraus, Krebs, McLaughlin, Murschel, Rhoden, Roberts, Sebert, Sigdestad, Weems, Wick, and Willadsen

FOR AN ACT ENTITLED, An Act to provide for specific penalties for certain fifth and subsequent offense driving under the influence convictions.

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

SB 99 Introduced by: Senators Bogue, Broderick, and Knudson and Representatives Cutler, Deadrick, and Klaudt

FOR AN ACT ENTITLED, An Act to permit financial institutions to prepay future tax liabilities.

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

SB 100 Introduced by: Senator Bogue and Representative Dennert

FOR AN ACT ENTITLED, An Act to clarify the rule-making authority for the sales tax on food refund program.

Was read the first time and referred to the Committee on Health and Human Services.

SB 101 Introduced by: Senators Kloucek and Napoli and Representatives Jensen, Fryslie, and Kroger

FOR AN ACT ENTITLED, An Act to establish the opening day of the school term.

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

SB 102 Introduced by: Senators Kloucek, Hanson (Gary), and Peterson (Jim) and Representatives Lange, Bradford, Gassman, Haley, Hargens, Kroger, McCoy, and Sigdestad

FOR AN ACT ENTITLED, An Act to appropriate money for secondary career and technical education.

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

SB 103 Introduced by: Senators Broderick, Gray, Moore, Nesselhuf, and Sutton (Duane) and Representatives Fryslie, Faehn, Haley, Pederson (Gordon), Rounds, and Willadsen

FOR AN ACT ENTITLED, An Act to authorize the funding of public transportation from the state highway fund.

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

SB 104 Introduced by: Senators McCracken, Abdallah, Bartling, Bogue, Broderick, Duenwald, Gray, Kelly, Koetzle, Olson (Ed), Peterson (Jim), Schoenbeck, and Sutton (Dan) and Representatives Rounds, Dennert, Faehn, Garnos, Haley, Hennies, Hills, Hunt, Koistinen, Miles, Rhoden, Sebert, and Turbiville

FOR AN ACT ENTITLED, An Act to require evidence of financial responsibility at the time of vehicle registration, to provide for a motor vehicle insurance data base, and to provide for the administration thereof.

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

SB 105 Introduced by: Senators Dempster, Bartling, and Broderick and Representatives Rounds, Hennies, and Street

FOR AN ACT ENTITLED, An Act to revise the procedure for disposing certain surplus property.

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

SB 106 Introduced by: Senator Schoenbeck and Representatives Faehn, Brunner, Halverson, Koistinen, Krebs, Nelson, Sebert, and Willadsen

FOR AN ACT ENTITLED, An Act to revise the restrictions of transfers from bond redemption funds.

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

SB 107 Introduced by: Senators Kooistra, Knudson, and Nesselhuf and Representatives Sebert and Thompson

FOR AN ACT ENTITLED, An Act to license cigarette manufacturers, distributors, and retailers and to regulate the sale and shipment of cigarettes.

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

SB 108 Introduced by: Senators Lintz, Apa, Bartling, Hundstad, and Olson (Ed) and Representatives Dykstra, Brunner, Howie, Jensen, and Rhoden

FOR AN ACT ENTITLED, An Act to provide for the taxation of severed mineral interests.

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

SB 109 Introduced by: Senators Dempster, Broderick, Earley, Kelly, Knudson, Olson (Ed), and Sutton (Dan) and Representatives Hunt, Cutler, Krebs, Roberts, Rounds, Weems, and Wick

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the modification of credit card agreements.

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

SB 110 Introduced by: Senators Apa, Bartling, Bogue, Gray, Kooistra, Koskan, Moore, and Napoli and Representatives Jensen, Davis, Dennert, Hargens, and Novstrup

FOR AN ACT ENTITLED, An Act to revise the definition of abandoned property held by governmental entities.

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

SB 111 Introduced by: Senators Dempster, Duenwald, Duniphan, and Two Bulls and Representatives Cutler, Davis, Hackl, and Kroger

FOR AN ACT ENTITLED, An Act to provide for the effective date of municipal and county administrative decisions.

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

SB 112 Introduced by: Senators Schoenbeck, Abdallah, Apa, and Napoli and Representatives Wick and Klaudt

FOR AN ACT ENTITLED, An Act to repeal certain requirements related to works of art in state buildings.

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

SB 113 Introduced by: Senator Olson (Ed) and Representatives Sebert and Vehle

FOR AN ACT ENTITLED, An Act to add a segment of highway in Davison County to the state trunk highway system.

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

SB 114 Introduced by: Senators Duenwald, Hansen (Tom), Hanson (Gary), and Koskan and Representatives Davis, Fryslie, Hackl, Hargens, and Jensen

FOR AN ACT ENTITLED, An Act to establish a refundable checkoff on pulse crops.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 115 Introduced by: Senators Knudson and Dempster and Representatives Cutler and McCoy

FOR AN ACT ENTITLED, An Act to revise the eligibility criteria for the sales tax on food refund program.

Was read the first time and referred to the Committee on Health and Human Services.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 12: FOR AN ACT ENTITLED, An Act to authorize a parent to appear telephonically for a hearing to voluntarily terminate parental rights.

Was read the second time.

The question being “Shall SB 12 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 23: FOR AN ACT ENTITLED, An Act to include officers of the Federal Protective Service and United States Postal Inspection Service in the definition of a federal law enforcement officer.

Was read the second time.

The question being “Shall SB 23 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.

SB 77: FOR AN ACT ENTITLED, An Act to correct various references in the code.

Was read the second time.

The question being “Shall SB 77 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.

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 second time.

The question being “Shall HB 1009 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.

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 second time.

The question being “Shall HB 1048 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 55: FOR AN ACT ENTITLED, An Act to provide for a preference for placement of abused and neglected children with relatives and to provide a hearing for review of adoptive placement decisions.

Was read the second time.

The question being “Shall SB 55 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 60: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

Was read the second time.

Sen. Schoenbeck moved that SB 60 be placed to follow HB 1020 on today's calendar.

Which motion prevailed and the bill was so placed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1002: FOR AN ACT ENTITLED, An Act to revise the requirements for determining whether dwellings are eligible to be classified as owner-occupied single-family dwellings.

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

HB 1023: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the required labeling of motor vehicle window film or glaze.

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

HB 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the determination of agricultural income value for property tax purposes.

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

HB 1039: FOR AN ACT ENTITLED, An Act to prohibit insurance producers from influencing witnesses.

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

HB 1041: FOR AN ACT ENTITLED, An Act to require certain vehicle dealers to utilize an electronic title file system.

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

HB 1045: FOR AN ACT ENTITLED, An Act to provide for the continuance of coverage for dependents on certain health insurance policies.

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

HB 1056: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1067: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

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

HB 1071: FOR AN ACT ENTITLED, An Act to expand the time within which a judge may extend clemency or reduce a sentence.

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

HB 1072: FOR AN ACT ENTITLED, An Act to permit magistrate judges to order a transcript of a grand jury proceeding.

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

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 82 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 79 and 85 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 Commerce respectfully reports that it has had under consideration SB 53 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, after " person " insert ", directly or indirectly,".

On page 1 , line 10, delete " 58-17C-67 " and insert "58-17C-66".

On page 2 , delete lines 1 to 4 , inclusive.

On page 2 , line 7, delete everything after " insurance. "

On page 2 , delete lines 8 and 9 .

On page 2 , line 10, delete everything before " Any " .

On page 2 , line 11, delete " chapter 58-33A " and insert " § § 58-33A-2 to 58-33A-4, inclusive, and § § 58-33A-7 to 58-33A-8, inclusive, and § § 58-33A-10 to 58-33A-12, inclusive. Any administrative rule promulgated pursuant to § 58-33A-7 does not apply to those registered pursuant to this Act unless specifically referenced in the rule".

On page 2 , line 11, after " with " delete " the " and insert "these".

On page 2 , line 12, delete " applicable " .

On page 2 , line 12, delete " of chapter 58-33A " .

On page 2 , line 20, delete " request or " .

On page 2 , line 20, after " receive " insert "personal information,".

On page 2 , line 21, after " money " insert ",".

On page 2 , line 22, after " signed " insert ",".

On page 3 , line 1, delete " e-mail " and insert "website".

On page 3 , line 2, delete " and, if applicable, of the marketer " and insert "who is responsible for customer service".

On page 3 , delete line 7 .

On page 3 , line 8, delete " (5) " and insert "(4)".

On page 3 , line 8, after " website " insert "that is updated regularly".

On page 3 , line 9, after " all " insert "current".

On page 3 , line 10, delete " (6) " and insert "(5)".

On page 3 , line 11, after " delivery " insert ", or sixty days of its delivery if payment is by automatic or electronic withdrawal from a bank account,".

On page 3 , line 12, delete " including any sign-up fee or recurring costs " and insert "excluding a nominal process fee".

On page 3 , line 15, delete " (7) " and insert "(6)".

On page 3 , line 16, delete " as provided for in the plan or program to the " and insert ", the form to be used for the termination notice, and the address where the notice is to be sent if different than the address provided in subdivision (1);".

On page 3 , delete line 17, and insert:

"(7) Notice that the".

On page 3 , line 21, delete " insurance " and insert "benefits".

On page 3 , line 23, delete " Division of Insurance " and insert "insurance department or commission in the state where the consumer resides".

On page 3 , line 24, delete " , including the telephone number and address of the " and insert "."

On page 4 , delete line 1 , and insert:

"The requirement that the contract or agreement be signed prior to any money or consideration being obtained does not apply to a transaction in which payment by the consumer is made by credit card."

On page 4 , line 5, delete " a thirty-day free look period " and insert "thirty days".

On page 4 , line 6, after " agreement " insert ", or sixty days if payment is by automatic or electronic withdrawal from a bank account,".

On page 4 , line 7, delete " including any sign-up fee " and insert "excluding a nominal processing fee as prescribed by the director by rules promulgated pursuant to chapter 1-26,".

On page 4 , line 8, delete " or recurring costs " .

On page 4 , line 8, delete everything after " full. "

On page 4 , delete line 9 .

On page 4 , after line 9, insert:

"Section 6. That § 58-18-20 be amended to read as follows:

58-18-20. Any insurer authorized to write health insurance in this state ~~shall have the power to~~ may issue blanket health insurance. No such blanket policy or certificate may be issued or delivered , or coverage solicited, in this state unless a copy of the form thereof ~~shall have~~ has been filed in accordance with § 58-11-12. Every such blanket policy or certificate shall contain provisions, which in the opinion of the director, are at least as favorable to the policyholder and the individual insured as those set forth in §§ 58-18-21 to 58-18-27, inclusive. "

On page 1, line 15 of the printed bill, after " 58-17-66(9), " insert "or a medicare supplement policy as defined in § 58-17A-1,".

And that as so amended 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 83 and returns the same with the recommendation that said bill be amended as follows:

On page 15, after line 16 of the printed bill, insert:

"Section 3. That § 36-21A-89.1 be repealed.

~~36-21A-89.1. The commission shall develop a disclosure form, to be filled out by the seller, regarding a purchaser's knowledge of the existence of any prior manufacturing of methamphetamines.~~ "

On page 12, line 11 of the printed bill, after " Landfill " insert " , ".

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

Respectfully submitted,
Royal “Mac” McCracken, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

Was read the second time.

The question being “Shall HB 1010 pass?”

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; 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

Nays:
Greenfield; Napoli

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.

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 second time.

The question being “Shall HB 1020 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.

There being no objection, the Senate reverted to Order of Business No. 12.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

Having had its second reading was up for consideration and final passage.

Sen. Greenfield moved that SB 60 be deferred to Wednesday, January 26, the 11^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 69: FOR AN ACT ENTITLED, An Act to revise the administrative rules promulgation process.

And signed the same in the presence of the Senate.

COMMEMORATION

SC 6 Introduced by: Senators Kloucek, Bartling, Gant, Hanson (Gary), Kooistra, Moore, Nesselhuf, Peterson (Jim), and Schoenbeck and Representatives Gillespie, Boomgarden, Davis, Deadrick, Dennert, Dykstra, Gassman, Glenski, Glover, Haley, Halverson, Hargens, Hennies, Hunhoff, Jerke, Kroger, Lange, Michels, Miles, Peters, Putnam, Rausch, Roberts, Schafer, Sigdestad, Thompson, Tidemann, Turbiville, and Weems

A LEGISLATIVE COMMEMORATION, Honoring and supporting the Sgt. Floyd Honor Guard for their representation on the two hundredth anniversary of the Lewis and Clark Corps of Discovery and Exploration of South Dakota.

WHEREAS, the Sgt. Floyd Honor Guard is a volunteer organization that promotes living history through lectures, events, demonstrations, and programs, with their three main supportive events being the Lewis and Clark Days in Onawa, the Burial of Sgt. Floyd in Sioux City, and the Election of Patric Gass in Elk Point; and

WHEREAS, the Honor Guard, which has supported or presented over seventy events in the last two years, is headquartered at the Sgt. Floyd River Museum and Welcome Center in Sioux City; and

WHEREAS, the three representatives of the Sgt. Floyd Honor Guard were Randy Rumelhart of Burbank, as William Clark, Michael Berger of Sioux City, Iowa, as Meriwether Lewis, and Pete Murray of Burbank, as Pvt. Tom Howard:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the Sgt. Floyd Honor Guard be recognized and honored for their historic portrayals at the Tabor Czech Days Celebration in Pierre, January 17 and 18, 2005.

Sen. Gray moved that the Senate do now adjourn, which motion prevailed and at 2:33 p.m. the Senate adjourned.

Patricia Adam, Secretary