JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 16, 2001

     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 Lacey DeKnikker.

     Roll Call: All members present except Sens. Apa and de Hueck 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 fourth 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,
Arnold M. Brown, Chair

     Which motion prevailed and the report was adopted.
     CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Daniel J. Nichols of Minnehaha County, Sioux Falls, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive appointment of Daniel J. Nichols pursuant to the executive message as found on page 10 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Apa; de Hueck

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

HONORED GUESTS


     The President introduced LeRoy Hellwig of Sisseton, Outstanding School Board Member 2000-2001, who was escorted to the rostrum by Sen. Symens.

CONSIDERATION OF EXECUTIVE AND JUDICIAL APPOINTMENTS

     The Senate proceeded to the consideration of the judicial appointment of Robert D. Hofer of Hughes County, Pierre, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the judicial appointment of Robert D. Hofer pursuant to the judicial message as found on page 5 of the Senate Journal?"

     Sen. Whiting moved that the consideration of the appointment of Robert D. Hofer be deferred to Wednesday, January 17, the 6th legislative day.

     Which motion prevailed.


     The Senate proceeded to the consideration of the executive appointment of James D. Sheridan of Beadle County, Huron, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive appointment of James D. Sheridan pursuant to the executive message as found on page 10 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Apa; de Hueck

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


HONORED GUESTS


     The President introduced Tabor Czech Days Queen Josephine Souhrada, Prince Daniel Vellek, and Princess Shannon Souhrada who were escorted to the rostrum by Sens. Putnam and Moore.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  30 and 53 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration and and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.



Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 29 and returns the same with the recommendation that said bill be amended as follows:

29ob

     On page 1 of the printed bill, delete line 9 , and insert "to § §  22-6-1 and 22-1-2(9) . "

     On page 1 , line 10, at the beginning of the line delete " the " and insert " The ".

     On page 1 , line 11, after " date: " insert " murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first or second degree, arson, kidnapping, felony sexual contact as defined in § §  22-22-7 and 22-22-19.1, ".

     On page 1 , line 14, delete " subdivision " and insert " § ".

     On page 1 , line 15, after " 22-18-1 " delete " (5) " .

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SCR 1 and returns the same with the recommendation that said resolution be adopted.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dawn A. Nelson of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Ronald L. Morrow of Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dennis Haan of Pennington County, Rapid City, South Dakota, to the South

Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of James C. Roby of Codington County, Watertown, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of D. J. Mertens of Jones County, Murdo, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Douglas J. Sharp of Codington County, Watertown, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dennis Neugebauer of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  62 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  13, 15, 16, and 17 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 63 and returns the same with the recommendation that said bill be amended as follows:

63ca

     On page 1,line 7 of the printed bill, after " the secretary " insert " considers ".

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

Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Shane C. Penfield of Perkins County, Vermillion, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


Respectfully submitted,
Don Brosz, Chair

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 35 and returns the same with the recommendation that said bill be amended as follows:

35jb

     On page 2 of the printed bill, delete lines 1 to 8 , inclusive.

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 36 and returns the same with the recommendation that said bill be amended as follows:



36ja

     On page 4, line 7 of the printed bill, delete " covered " .

     On page 4 , line 8, delete " eligible for coverage " and insert " covered ".

     On page 4 , line 8, before " accidents " insert " either ".

     On page 9 , line 19, delete " covered " .

     On page 9 , line 20, delete " eligible for coverage " and insert " covered ".

     On page 9 , line 20, before " accidents " insert " either ".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 37 and returns the same with the recommendation that said bill be amended as follows:

37ja

     On page 1, line 12 of the printed bill, overstrike " eighteen " and insert " twelve ".

     On page 2 , line 2, after " coverage. " insert " 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. "

     On page 2 , line 5, after " notice. " insert " 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. "

     On page 2 , line 15, delete everything after " policy . " and insert:

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

     Continuation coverage shall be the same coverage as is available to any similarly situated beneficiary under the plan with respect to whom a qualifying event has not occurred. If coverage is modified under the plan for any group of similarly situated beneficiaries who are not under continuation, such coverage shall also be modified for those continuing coverage in the same manner as for all individuals who are qualified beneficiaries under the plan pursuant to the continuation requirements of this chapter in connection with such group.

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

     No new probationary or waiting period may be applied to the continuation or conversion coverage.

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

     Nothing in sections 2 to 16, inclusive, of this Act applies to or qualifies any person for any continuation or conversion right available in chapter 58-18C."

     On page 2 , delete lines 16 to 21 , inclusive.

     And that as so amended said bill do pass.

Respectfully submitted,
David R. Munson, Chair

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging for a memorial service for deceased former members of the House and Senate.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Munson moved that SB 40 be returned to the Committee on Commerce.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on SB 38 as found on page 48 of the Senate Journal ; also


     Commerce on SB 34 as found on page 48 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Pursuant to Senate Rule 6-1, the President removed SB 41 from the Consent Calendar.

     SB 45:   FOR AN ACT ENTITLED, An Act to   allow alcohol beverage license suspension or revocation hearings to be held in a location other than the county where the license has been applied for or has been issued.

     Was read the second time.

     The question being "Shall SB 45 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Apa; de Hueck

     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 65:   FOR AN ACT ENTITLED, An Act to   clarify that the estates of certain nonresidents are subject to the estate tax.

     Was read the second time.

     The question being "Shall SB 65 pass?"

     And the roll being called:


     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hagen; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Apa; de Hueck

     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.

     Sen. Putnam moved that the Senate do now adjourn, which motion prevailed and at 2:35 p.m. the Senate adjourned.

Patricia Adam, Secretary