JOURNAL OF THE SENATE

SPECIAL SESSION OF THE


SEVENTY-EIGHTH LEGISLATIVE ASSEMBLY  




SECOND DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, June 27, 2003

     The Senate convened at 10:00 a.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 Sara Daugaard.

     Roll Call: All members present except Sens. Nachtigal and Symens who were excused.

     Sen. Brown announced the appointment of the following standing committee:

** Denotes Chair
* Denotes Vice-Chair.

LEGISLATIVE PROCEDURE (7)

    **Brown, *Bogue, Jaspers, Koskan, Olson (Ed), Moore, Duxbury

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 first 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.

MOTIONS AND RESOLUTIONS


     Sen. Bogue moved that HB 1001 be removed from the Committee on State Affairs and that HB 1001 be immediately considered.

     Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001:   FOR AN ACT ENTITLED, An Act to   permit additional rate flexibility to carriers that actively market certain individual health insurance policies in this state.

     Was read the second time.

     The question being "Shall HB 1001 pass?"

     And the roll being called:

     Yeas 26, Nays 6, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; Dempster; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Knudson; Kooistra; Koskan; LaPointe; McCracken; Moore; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter

     Nays:
Dennert; Kleven; Kloucek; Koetzle; Napoli; Reedy

     Excused:
de Hueck; Nachtigal; Symens

     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.


MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to return herewith SB 1 and 2 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

REPORTS OF JOINT-SELECT COMMITTEES


MR. PRESIDENT:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Special Session of the Seventy-eighth Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 11:35 a.m., June 27, 2003.

Respectfully submitted,                Respectfully submitted,
Matthew Michels                    Eric Bogue
Larry Rhoden                        Arnold Brown
Quinten Burg                        Garry Moore
House Committee                    Senate Committee

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 1 and 2 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES


     Sen. Bogue moved that the report of the Joint-Select Committee relative to adjournment sine die as found on page 35 of the Senate Journal be adopted.

     Which motion prevailed.



SIGNING OF BILLS


     The President publicly read the title to

     SB 1: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2004 to make an appropriation for a risk pool and a risk pool reserve for health insurance purposes and to declare an emergency.

     SB 2: FOR AN ACT ENTITLED, An Act to  establish a risk pool to provide health insurance coverage to eligible persons and to declare an emergency.

     HB 1001: FOR AN ACT ENTITLED, An Act to  permit additional rate flexibility to carriers that actively market certain individual health insurance policies in this state.

     And signed the same in the presence of the Senate.

MESSAGES FROM THE HOUSE


MR. 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 fixing the time of adjournment sine die for the Special Session of the Seventy-eighth Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 1 and 2 were delivered to his Excellency, the Governor, for his approval at 11:30 a.m., June 27, 2003.

Respectfully submitted,
Arnold M. Brown, Chair

     The following prayer was offered by the Chaplain, Pastor John Fette:

    Thank You, Father, for your grace and mercy. Thank You for Your help in conducting the affairs of this Senate body of South Dakota. Please bless us with safety as we are traveling home. This we ask in Jesus' name. Amen.


DISSENT

    Pursuant to Joint Rule 1-10, we, the undersigned, do hereby, respectfully, dissent and protest against the decision of the President to permit the coupling of subsidiary motions to dispose of SB 3 with a motion to suspend the rules. In support of this position, we cite Section 282 of Mason's Legislative Manual which reads in pertinent part, "A motion to suspend the rules may not have any other subsidiary rule applied to it."

    Moreover, we, the undersigned, would also, respectfully, point out that the coupling of an undebatable tabling motion with several other debatable motions has the unfortunate effect of prohibiting debate contrary to the fundamental right to debate parliamentary questions as enshrined in Section 90 of Mason's Legislative Manual.

Respectfully submitted,                        Respectfully submitted,
Senator Frank Kloucek                        Senator Gil Koetzle
District #19                                    District #15

     Sen. Bogue moved that the Senate do now adjourn sine die, which motion prevailed and at 11:35 a.m the Senate adjourned.

Patricia Adam, Secretary

COMMUNICATIONS AND PETITIONS


June 27, 2003

Mr. President and Members of the Senate:

     I have the honor to inform you that I have approved Senate Bills 1 and 2, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor