Senate Journal 02/03/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 3, 2000

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

     The prayer was offered by the Chaplain, Vicar Cory Rajek, followed by the Pledge of Allegiance led by Senate page Paul Tschetter.

     Roll Call: All members present except Sens. Jim Dunn and Whiting who were excused.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

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

Harold Halverson, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 207 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations with a do pass recommendation.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SCR 3 and returns the same with the recommendation that said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 123 which was tabled.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 192 and 202 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill be amended as follows:

96ja

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

" Section 1. That § 58-1-3 be amended to read as follows:

58-1-3. No provision of this title applies with respect to:

(1) Fraternal benefit societies, except as stated in chapter 58-37A;

(2) Bail bondsmen, other than corporate sureties and their agents, except as stated in chapter 58-22;

(3) Motor vehicle service contracts , extended service agreements, or other contracts by which a motor vehicle dealer licensed under chapter 32-6B or manufacturer of motor vehicles contracts to indemnify a motor vehicle owner or lessor against loss due to mechanical breakdown, or freedom from defective or worn parts or equipment of motor vehicles which are contracts or agreements to perform or indemnify for a specific duration the repair, replacement, or maintenance of motor vehicles for operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including towing, rental, and emergency road service. Consideration for a motor vehicle service contract shall be stated separately from the price of the motor vehicle. The term does not include mechanical breakdown insurance or maintenance agreements ;

(4) Service agreements or extended warranty plans for which the primary purpose is to provide service, repair, or replacement on consumer goods or products including appliances, merchandise, or equipment, or mechanical/electrical systems in single or multiple-family dwellings. Incidental indemnity payments under such plans where service, repair, or replacement is not feasible or economical does not void this exemption;

(5) Any person, trust, or other entity proven to be under the exclusive regulatory authority of the federal government or another state agency;

(6) Any agreement to provide liability protection entered into pursuant to chapter 1-24 is exempt from the regulatory requirements of Title 58, except to forms of insurance coverage provided by an insurer otherwise subject to the insurance laws of this state.

Section 2. That § 58-1-2 be amended by adding thereto NEW SUBDIVISIONS to read as follows:

"Maintenance agreement," a contract of limited duration that provides for scheduled maintenance only;

"Mechanical breakdown insurance," any contract or agreement to perform or indemnify for a specific duration the repair, replacement, or maintenance of property for operational or structural failure due to a defect in materials, workmanship, or normal wear and tear. "

96jta

On page 1 , line 1 of the printed bill , delete everything after " Act to " and insert " regulate motor vehicle service contracts. "

On page 1 , delete line 2 .

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

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 168 which was tabled.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 162 which was deferred to the 36th legislative day.

Respectfully submitted,
Jerry J. Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 18 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Kenneth D. Albers, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1108 and 1140 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Yesterday, Sen. Vitter announced his intention to reconsider the vote by which SB 10 was lost.

     Sen. Vitter moved to reconsider the vote by which SB 10 was lost.

     The question being on Sen. Vitter's motion to reconsider the vote by which SB 10 was lost.

     And the roll being called:

     Yeas 16, Nays 17, Excused 2, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Madden; Moore; Olson; Reedy; Staggers; Symens; Valandra; Vitter

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Everist; Frederick; Hainje; Halverson; Ham; Kleven; Munson (David); Paisley; Rounds; Shoener

Excused were:
Dunn (Jim); Whiting

So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 193 as found on page 278 of the Senate Journal; also

     State Affairs on SB 197 as found on page 279 of the Senate Journal; also

     Agriculture and Natural Resources on SB 29 as found on page 280 of the Senate Journal; also

     Agriculture and Natural Resources on SB 150 as found on page 281 of the Senate Journal; also

     Taxation on SB 167 as found on page 284 of the Senate Journal; also

     Taxation on SB 170 as found on page 285 of the Senate Journal; also

     Taxation on SB 69 as found on page 286 of the Senate Journal; also

     Local Government on HB 1074 as found on page 286 of the Senate Journal; also

     Local Government on HB 1086 as found on page 287 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Staggers requested that SB 157 be removed from the Consent Calendar.

HB 1009: FOR AN ACT ENTITLED, An Act to redefine what marks are prohibited on a ballot and to require the county auditor to provide certain directions in conducting a recount.

Was read the second time.

     The question being "Shall HB 1009 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Excused were:
Dunn (Jim); Whiting

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 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions related to expenses and compensation of water development district board members.

Was read the second time.

The question being "Shall HB 1054 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Excused were:
Dunn (Jim); Whiting

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 1118: FOR AN ACT ENTITLED, An Act to require candidates for county commissioner to be residents of the district when signing the declaration of candidacy.

Was read the second time.

     The question being "Shall HB 1118 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Excused were:
Dunn (Jim); Whiting

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 2: FOR AN ACT ENTITLED, An Act to repeal certain provisions banning students from extracurricular activities in secondary schools for controlled substance violations.

Was read the second time.

Sen. Olson moved that SB 2 be deferred until Monday, February 7, the 20th legislative day.

Which motion prevailed and the bill was so deferred.

SB 178: FOR AN ACT ENTITLED, An Act to revise the school term.

Was read the second time.

178ob

Sen. Hainje moved that SB 178 be further amended as follows:

On page 2 , line 18 of the Senate Education committee engrossed bill , overstrike " number " and insert " amount " .

Which motion prevailed and SB 178 was so amended.

     The question being "Shall SB 178 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter

Nays were:
Staggers

Excused were:
Dunn (Jim); Hutmacher; Whiting

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 191: FOR AN ACT ENTITLED, An Act to revise the income eligibility requirements for property tax and sales tax refunds.

Was read the second time.

The question being "Shall SB 191 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra

Excused were:
Dunn (Jim); Hutmacher; Vitter; Whiting

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 205: FOR AN ACT ENTITLED, An Act to provide management authority to the Department of Game, Fish and Parks over certain property being acquired from the United States.

Was read the second time.

Sen. Olson moved the previous question.

Which motion prevailed.

     The question being "Shall SB 205 pass?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Kleven; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter

Nays were:
Kloucek; Moore; Valandra

Excused were:
Dunn (Jim); Hutmacher; Whiting

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1060: FOR AN ACT ENTITLED, An Act to revise the standards of review for findings of fact.

Was read the second time.

     The question being "Shall HB 1060 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 1, Excused 6, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Halverson; Ham; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Valandra

Nays were:
Kloucek

Excused were:
Dunn (Jim); Hainje; Hutmacher; Symens; Vitter; Whiting

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 1108: FOR AN ACT ENTITLED, An Act to revise certain planning and zoning provisions.

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

HB 1140: FOR AN ACT ENTITLED, An Act to provide for the charging of a fee for the redemption of a tax sale.

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

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 4, the 19th legislative day.

Which motion prevailed.

Sen. Ham moved that the Senate do now adjourn, which motion prevailed, and at 3:20 p.m. the Senate adjourned.

Patricia Adam, Secretary