Senate Journal 02/08/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 8, 2005

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

The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Jennifer Jorgensen.

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 twentieth 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.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Thomas C. Adam of Hughes County, Pierre, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive appointment of Thomas C. Adam pursuant to the executive message as found on page 339 of the Senate Journal?"

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 question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Patricia Lebrun of Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive appointment of Patricia Lebrun pursuant to the executive message as found on page 338 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 1, 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; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Greenfield

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of David Bozied of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive appointment of David Bozied pursuant to the executive message as found on page 338 of the Senate Journal?"

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; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Kloucek; Koetzle

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Casey Peterson of Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive appointment of Casey Peterson pursuant to the executive message as found on page 339 of the Senate Journal?"

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; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Koetzle

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Steve Zellmer of Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive appointment of Steve Zellmer pursuant to the executive message as found on page 340 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Kloucek; Koetzle

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

COMMUNICATIONS AND PETITIONS

February 7, 2005

Mr. President and Members of the Senate:

I have the honor to inform you that on February 4, 2005, I approved Senate Bills 50 and 52, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 4, 2005

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol
Pierre, SD 57501

Re: Appointment of James F. Sheridan

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, I have the honor to inform you that I have reappointed James Sheridan, to the Board of Pardons and Paroles. Enclosed are the Statement of Financial Interest and Executive Appointment.

This appointment is effective until January, 2009.

Very truly yours,
Larry Long
Attorney General

The President announced the referral of the appointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 158 and returns the same with the recommendation that said bill be amended as follows:

158ca

On page 2 of the printed bill , delete lines 9 to 14 , inclusive, and insert:

"Section 4. There is hereby created in the Department of Education the Distance Learning Grant Program. Beginning in state fiscal year 2008, the Department of Education shall, from any funds appropriated by the Legislature for that purpose, award Distance Learning Grants to certain students to assist them in paying for the distance learning courses in which they enroll.

Section 5. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

158cb

On page 1, line 12 of the printed bill, delete " or postsecondary educational " .

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

158cta

On page 1, line 2 of the printed bill, delete everything after " providers " and insert "and to establish a distance learning grant program for students."

On page 1 , delete line 3 .

And that as so amended said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 102 and tabled the same.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 215 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1078 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 207 and returns the same with the recommendation that said bill be amended as follows:

207fa

On page 2, line 8 of the printed bill, overstrike " original " .

On page 8 , line 18, delete " The " and insert "Before the mobile or manufactured home is removed from real property, the".

On page 8 , line 19, before " home " insert "mobile or manufactured".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 27 and 90 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 135 and 191 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 114 and returns the same with the recommendation that said bill be amended as follows:

114tb

On page 1, line 7 of the printed bill, delete everything after " grower. "

On page 1 , delete lines 8 and 9 .

On page 1 , line 10, delete everything before " A " .

On page 1 , delete line 15 .

On page 2 , delete lines 1 and 2 .

On page 2 , line 3, delete " (5) " and insert "(4)".

On page 2 , line 5, delete " (6) " and insert "(5)".

On page 2 , line 6, delete " (7) " and insert "(6)".

On page 4 , line 1, delete " value " and insert "market price".

On page 4 , line 2, delete everything before " grown " and insert "on any pulse crop".

On page 4 , line 5, delete everything after " of " and insert "a pulse crop."

On page 4 , line 21, delete " fee assessed " and insert "assessment established".

On page 5 , line 2, delete " promotional fee " and insert "assessment".

On page 5 , line 6, delete " fee " and insert "assessment".

On page 5 , line 11, delete " promotional fee " and insert "assessment".

On page 5 , line 12, delete " promotional fee " and insert "assessment".

On page 5 , line 16, delete " promotional fee " and insert "assessment".

On page 5 , line 18, delete " promotional fee " and insert "assessment".

On page 7 , after line 9, insert:

"Section 22. That § 49-45-21 be amended to read as follows:

49-45-21. The commission may contract with the Wheat Commission pursuant to § 38-10- 41, with the South Dakota Oilseeds Council pursuant to § 38-27-19, the Soybean Research and Promotion Council pursuant to § 38-29-14, ~~and~~ the South Dakota Corn Utilization Council pursuant to § 38-32-24 , and the South Dakota Pulse Crop Council pursuant to section 21 of this Act . Under the terms of any such contract, the commission may inspect the records of licensed grain dealers to determine compliance with assessment and checkoff requirements imposed by chapters 38-10, 38-27, 38-29, and 38-32. "

And that as so amended said bill do pass.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 163 and returns the same with the recommendation that said bill be amended as follows:

163ja

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That chapter 58-18B be amended by adding thereto a NEW SECTION to read as follows:

The rating requirements of this chapter do not apply to an association if all of the following criteria are met:

(1) The trade, industry, or professional association is comprised in part of homogenous small employers, meets the requirements for the issuance of group health insurance pursuant to § 58-18-3 and if applicable, § 58-18-4, has a constitution or bylaws, has been organized under the laws of South Dakota and maintained in good faith for purposes other than providing insurance for at least ten continuous years, and will provide coverage to not fewer than five hundred employees by January 1, 2007;

(2) The group health plan provides coverage to association members' employees and dependents on a community rated basis;

(3) The director, after consideration of the impact on the insurance-buying public, has determined that the arrangement is in the best interest of the public.

Section 2. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

A self-funded multiple employer trust, as defined in section 3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002, paragraph 40, may be authorized by the director if the multiple employer trust meets all of the following conditions:

(1) The multiple employer trust is administered by an authorized insurer or a licensed third-party administrator;

(2) The multiple employer trust meets all of the requirements of section 1 of this Act;

(3) The multiple employer trust is established by a homogenous trade, industry, or professional association of employers that has a constitution or bylaws, is organized under the laws of South Dakota and has been maintained in good faith for purposes other than providing insurance for at least ten continuous years;

(4) The association sponsoring the multiple employer trust is engaged in substantial activity for its members other than sponsorship of an employer welfare benefit plan;

(5) The association sponsoring the multiple employer trust is a nonprofit entity organized under applicable South Dakota law;

(6) The multiple employer trust, upon authorization by the director, participates in the South Dakota Life and Health Insurance Guaranty Association pursuant to chapter 58-29C and is a member pursuant to subdivision 58-29C-48(12);

(7) The multiple employer trust:

(a) Meets the capital and surplus requirements of § 58-6-23;

(b) Meets the risk based capital requirements of § 58-4-48;

(d) Invests its assets pursuant to the requirements of chapters 58-26 and 58-27;

(e) Is subject to chapter 58-3 on the same basis as insurers;

(f) Is subject to the insurers supervision, rehabilitation, and liquidation provisions of chapter 58-29B.

Section 3. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

The director shall promulgate rules, pursuant to chapter 1-26, pertaining to multiple employer trusts in the following areas:

(1) Consumer protection issues including minimum coverage standards for health policies; claims processing and payment practices; resolution of consumer complaints; compliance with federal HIPAA standards; plan termination processes and managed care protections; financial and market conduct record-keeping and reporting; and unfair trade practices; and

(2) Financial and plan solvency issues including investment capital requirements; surplus and deposit requirements; claims reserves, stop loss coverage, and standards for entry and exit of plan members including a nonrefundable minimum deposit of not less than two thousand five hundred dollars plus two percent of first year contributions on an annual basis; and production of financial statements, audited financial statements, and actuarial opinions.

Section 4. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

Except as otherwise provided in this Act, a multiple employer trust organized pursuant to this Act may not be deemed to be or considered to be an insurance company or association of any kind or character under Title 58, or subject to the provisions of § § 58-8-6 to 58-8-19, inclusive.

Section 5. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

A multiple employer trust authorized by this Act may have its authorization suspended or revoked by the director for violating any provision of this Act or because its capital is impaired, and in either instance the director may take action in lieu of suspension or revocation as though the trust were an insurer as provided by § 58-4-28.1.

Section 6. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

If not otherwise provided, a multiple employer trust doing business in this state on a self- funded basis shall pay premium taxes as required in chapter 10-44 based upon the amount each participating employer contributes, including any amounts contributed by employees and dependents, to the plan on an annual basis. If a multiple employer trust purchases excess or stop loss coverage, the multiple employer trust may not be taxed additionally for that coverage.

Section 7. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

No agent may sell, solicit, or negotiate a self-funded multiple employer trust authorized by this Act unless the agent is licensed to sell life and health insurance pursuant to chapter 58-30.

Section 8. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act do not apply to any single employer self-funded plan as preempted by Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1144 or any arrangement exempted pursuant to § 1-24-17. A self-funded multiple employer trust authorized by this Act may include as participating employers both small employers and large employers."

163jta

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "authorize certain multiple employer trusts."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 167 and tabled the same.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 153 and 176 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 38, 40, 56, and 84 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 42 and 89 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 8, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 70 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 38, 40, 56, and 84 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1095, 1205, and 1242 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Urging the United States Congress to enhance federal veterans benefits for members of the National Guard and other reserve components of the armed forces who have been called into active federal service.

Was read the second time.

Sen. Moore moved that the Senate do concur in HCR 1007 as found on page 332 of the House Journal.

The question being on Sen. Moore's motion that the Senate do concur in HCR 1007.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1007 was concurred in.

HCR 1008: A CONCURRENT RESOLUTION, Requesting the President and Congress to support Mandatory Country of Origin Labeling of agricultural products.

Was read the second time.

Sen. Bogue moved that the Senate do concur in HCR 1008 as found on page 333 of the House Journal.

The question being on Sen. Bogue's motion that the Senate do concur in HCR 1008.

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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1008 was concurred in.

CONSIDERATION OF REPORT OF COMMITTEE

Sen. Bogue moved that the report of the Standing Committee on

Local Government on SB 151 as found on page 367 of the Senate Journal be adopted.

Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1105: FOR AN ACT ENTITLED, An Act to revise the definition of domestic abuse.

Was read the second time.

The question being "Shall HB 1105 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 1011: FOR AN ACT ENTITLED, An Act to make certain provisions for a program of recoveries and fraud investigations in the Department of Social Services.

Was read the second time.

The question being "Shall HB 1011 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 1012: FOR AN ACT ENTITLED, An Act to establish certain penalties for the unauthorized acquisition or transfer of food stamp benefits.

Was read the second time.

The question being "Shall HB 1012 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 1080: FOR AN ACT ENTITLED, An Act to provide for notification to the petitioner when an ex parte protection order is served.

Was read the second time.

The question being "Shall HB 1080 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 1196: FOR AN ACT ENTITLED, An Act to establish a vaccination program for first responders.

Was read the second time.

The question being "Shall HB 1196 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 6: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appropriations process.

Was read the second time.

The question being "Shall SB 6 pass?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Adelstein; Gray; Knudson; McCracken

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 143: FOR AN ACT ENTITLED, An Act to adopt the Uniform Environmental Covenants Act.

Was read the second time.

The question being "Shall SB 143 pass?"

And the roll being called:

Yeas 18, Nays 17, Excused 0, Absent 0

Yeas:
Adelstein; Bogue; Dempster; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hundstad; Kelly; Knudson; Kooistra; Koskan; McCracken; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

Nays:
Abdallah; Apa; Bartling; Broderick; Duenwald; Greenfield; Hanson (Gary); Kloucek; Koetzle; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); 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.

SB 171: FOR AN ACT ENTITLED, An Act to prohibit certain officials from voting if a conflict of interest exists.

Was read the second time.

The question being "Shall SB 171 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 195: FOR AN ACT ENTITLED, An Act to permit certain licensed agents of the Department of Revenue and Regulation to collect and retain authorized convenience fees for the performance of certain duties in lieu of administrative costs.

Was read the second time.

The question being "Shall SB 195 pass?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Apa; Bogue; Duniphan; Greenfield; Hansen (Tom); Koskan; Napoli

Excused:
Olson (Ed)

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 1095: FOR AN ACT ENTITLED, An Act to provide for a drug screening program for certain facilities providing patient or resident care or supervision.

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

HB 1205: FOR AN ACT ENTITLED, An Act to designate fry bread as the official bread of South Dakota.

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

HB 1242: FOR AN ACT ENTITLED, An Act to prohibit the manufacture and distribution of counterfeit driver licenses and nondriver identification cards.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1085: FOR AN ACT ENTITLED, An Act to prohibit certain payments and receipt of payments for registering and assisting voters and to establish certain penalties.

Was read the second time.

The question being "Shall HB 1085 pass?"

And the roll being called:

Yeas 21, Nays 14, Excused 0, Absent 0

Yeas:
Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Knudson; Koskan; Lintz; McCracken; McNenny; Schoenbeck; Smidt; Sutton (Duane)

Nays:
Abdallah; Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); 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 1087: FOR AN ACT ENTITLED, An Act to require certain voter registration forms to be filed within an established time frame and to establish certain penalties.

Was read the second time.

The question being "Shall HB 1087 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); 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:
Hanson (Gary)

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 1162: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to cardiopulmonary resuscitation directives.

Was read the second time.

The question being "Shall HB 1162 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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.

COMMEMORATION

SC 10 Introduced by: Senators Earley, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, 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), and Two Bulls

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2004 Habitat for Humanity_South Dakota "Habitat Supporters of the Year": First United Methodist Church, Huron, Beadle County Habitat for Humanity; Marlene Tobias, Rapid City, Black Hills Area Habitat for Humanity; Larson Manufacturing, Brookings, Brookings Area Habitat for Humanity; Terry Quilt, Fort Thompson, Dacotah Tipis Habitat for Humanity; Scott Parsley, Madison, East Central South Dakota Habitat for Humanity; Gary Lane, Sioux Falls, Greater Sioux Falls Habitat for Humanity; Wells Fargo Bank, Aberdeen, Hub Area Habitat for Humanity; Delmer Maeschen, Mitchell Region Habitat for Humanity; Reverend Howard Grinager and Paul Forney, Oahe Habitat for Humanity; State Bank of Eagle Butte, Okiciyapi Tipi Habitat for Humanity; Wells Fargo Bank, Mission, Sicangu Tikaga Okiciyapi Habitat for Humanity; Wells Fargo Bank, Watertown, Watertown Region Habitat for Humanity; Father Ben Tyon, Pine Ridge, Woihanble Yuwita Habitat for Humanity; Dr. Kenneth Halverson, Habitat for Humanity of Yankton County; and Holly Myers, Habitat for Humanity Midwest Resource Center.

WHEREAS, Habitat for Humanity_South Dakota recently celebrated the hard work and volunteerism of the fourteen local Habitat for Humanity affiliates throughout South Dakota by recognizing the work of the Habitat Supporters of the Year at the second "Building Dreams Celebration"; and

WHEREAS, Habitat for Humanity throughout South Dakota has now achieved another milestone in the construction of the 217^th home in South Dakota, which represents a labor of volunteerism and generosity of countless volunteers, as well as considerable sweat equity of the homeowner families; and

WHEREAS, it is fitting and proper that the South Dakota Legislature acknowledge the unselfish work of these Habitat Supporters of the Year toward the goal of affordable housing and elimination of poverty housing in South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, First United Methodist Church (Huron), Marlene Tobias, Larson Manufacturing (Brookings), Terry Quilt, Scott Parsley, Gary Lane,Wells Fargo Bank (Aberdeen, Mission, Watertown), Delmer Maeschen, Reverend Howard Grinager, Paul Forney, State Bank of Eagle Butte, Father Ben Tyon, Dr. Kenneth Halverson, and Holly Myers have achieved the distinction of being selected as Habitat for Humanity Supporters of the Year for 2004.

SIGNING OF BILLS

The President publicly read the title to

SB 38: FOR AN ACT ENTITLED, An Act to continue the moratorium on new nursing facility beds.

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

SB 56: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to preadmission assessment for admission to nursing facilities.

SB 84: FOR AN ACT ENTITLED, An Act to revise the definition of victims who may address the court before sentencing is imposed.

And signed the same in the presence of the Senate.

Sen. Napoli moved that the Senate do now adjourn, which motion prevailed and at 3:16 p.m. the Senate adjourned.

Patricia Adam, Secretary