Senate Journal 02/14/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 14, 1997

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

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by Senate page Matt Fiorita.

     Roll Call: All members present.

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 twenty-third 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 W. HALVERSON, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

February 14, 1997

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 38, 41, 47, 78, 80, and 95, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
WILLIAM J. JANKLOW
GOVERNOR

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 56, 67, and 120 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 18, 26, 31, 36, and 97 were delivered to his Excellency, the Governor, for his approval at 9:12 a.m. February 14, 1997.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT: The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 173 which was removed from the table with the recommendation that said bill do not pass.

Respectfully submitted,
JIM DUNN, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 199 which was removed from the table with the recommendation that said bill do not pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 49 and returns the same with the recommendation that said bill be amended as follows:

c-49

On page 1 , line 13 of the printed bill , after " programs " insert " of the Sioux Falls Center for Public Higher Education " .

On page 1 , line 15 , after " monies " insert " in amounts as may from time to time be authorized by the Legislature " .

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

Respectfully submitted,
BARBARA EVERIST, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 244 and 73 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 108 and returns the same with the recommendation that said bill be amended as follows:

tr-108

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

" Section 1. That § 4-8A-8 be amended to read as follows:

4-8A-8. Moneys appropriated on a program basis by the general appropriation act may be transferred between program accounts within or between programs within departments and bureaus or between departments and bureaus to reflect a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution only at the written request of a governing body,

department secretary , or bureau commissioner, or ~~his~~ designee, in accordance with procedures established by the bureau of finance and management . Moneys appropriated by the general appropriation act may be transferred between institutions of the state only upon written request of the appropriate governing board, and upon specific written approval of the Bureau of Finance and Management and only upon written approval of the Bureau of Finance and Management. Transfer of moneys appropriated by the general appropriations act between departments, institutions, and bureaus that is not necessary for a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution may only occur at the written request of a governing body, department secretary, or bureau commissioner, or designee, only in accordance with procedures established by the Bureau of Finance and Management and only upon approval by the special committee created in this chapter . The Bureau of Finance and Management shall keep a record of all such authorizations of transfers and make them available for public inspection. The bureau ~~of finance and management~~ shall also submit an informational report detailing all transfers approved to the special legislative committee established in § 4-8A-2. At least ten days prior to approving any transfer of money between departments for purposes other than for which it was originally appropriated by the general appropriations act, the commissioner of the bureau of finance and management shall notify the members of the joint appropriations committee of the proposed transfer. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 254 and returns the same with the recommendation that said bill be amended as follows:

z-254a

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

" Section 1. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide memorial education cost equalization grants pursuant to chapter 13- 55G.

Section 2. The secretary of the Department of Education and Cultural Affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 3. That section 2 of chapter 134 of the 1996 Session Laws be amended as follows:

Section 2. The memorial education cost equalization grant per credit hour for each eligible student shall be the amount appropriated in section 8 of this Act divided by the total number of credit hours taken by all eligible students during the school year.

Section 4. That section 3 of chapter 134 of the 1996 Session Laws be amended as follows:

Section 3. The memorial education cost equalization grant shall be reduced by the amount of benefits provided under the provisions of P.L. 95-471, as amended.

Section 5. That section 4 of chapter 134 of the 1996 Session Laws be amended as follows:

Section 4. Upon receipt of the memorial education cost equalization grant, the eligible student shall immediately pay the full amount of the grant to the college or university in which the student is enrolled.

Section 6. That section 5 of chapter 134 of the 1996 Session Laws be amended as follows:

Section 5. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide memorial education cost equalization grants to ~~non-Indian~~ students attending tribal universities or colleges.

Section 7. That section 8 of chapter 134 of the 1996 Session Laws be repealed.

~~Section 8. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 1997, shall revert in accordance with § 4-8-21.~~

Section 8. That section 3 of chapter 105 of the 1995 Session Laws be amended as follows:

Section 3. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide memorial education cost equalization grants as provided in sections 8 to 13, inclusive, of this Act to ~~non-Indian~~ students attending tribal universities or colleges.

Section 9. That section 9 of chapter 105 of the 1995 Session Laws be amended as follows:

Section 9. The memorial education cost equalization grant per credit hour for each eligible student shall be the amount appropriated in section 3 of this Act divided by the total number of credit hours taken by all eligible students during the school year.

Section 10. That section 10 of chapter 105 of the 1995 Session Laws be amended as follows:

Section 10. The memorial education cost equalization grant shall be reduced by the amount of benefits provided under the provisions of P.L. 95-471, as amended ~~to January 1, 1995~~ .

Section 11. That section 11 of chapter 105 of the 1995 Session Laws be amended as follows:

Section 11. Upon receipt of the memorial education cost equalization grant, the eligible student shall immediately pay the full amount of the grant to the college or university in which the student is enrolled.

Section 12. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and section 7 of this Act shall be in full force and effect from and after its passage and approval. "

z-254T

On page 1 , line 1 of the printed bill , delete everything after "to" and insert " appropriate money for memorial education cost equalization grants and to declare an emergency. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 233 which was deferred to the 41st legislative day.

Respectfully submitted,
RANDY FREDERICK, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 262 and 264 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 the nomination of Ronald W. Mielke, Minnehaha County, Sioux Falls, South Dakota, as Assistant Adjutant General, Air, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 191 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 228 and returns the same with the recommendation that said bill be amended as follows:

t-228

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

" Section 1. That chapter 40-15 be amended by adding thereto a NEW SECTION to read as follows:

The term, electronic auction, refers to computer-accessible auctions where livestock are bought and sold through public auction. The Animal Industry Board shall regulate electronic auctions. Any livestock auction agency licensed under this chapter may also be licensed to operate electronic auctions of livestock for immediate slaughter if the application and licensure procedures for the electronic auctions are in compliance with § § 40-15-1 to 40-15-10, inclusive. The provisions of § § 40-15-11, 40-15-12, 40-15-14, 40-15-16, 40-15-21, 40-15-26 to 40-15-34, inclusive, 40-15-35.1, 40-15-36, 40-15-38, and 40-15-39 also apply to electronic auction agencies.

Section 2. Livestock sold by electronic auction not delivered directly from the farm of origin to a United States Department of Agriculture or state inspected slaughter establishment may pass only through a United States Department of Agriculture approved stockyard for all classes of livestock.

Section 3. The board shall promulgate rules pursuant to chapter 1-26 to ensure:

(1) That livestock for immediate slaughter sold on a carcass basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing livestock on a carcass basis;

(2) That livestock for immediate slaughter sold on a live basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing such livestock; and

(3) That a fee is assessed for all livestock sold by electronic auction on a per head basis in an amount equal to ten percent of the minimum inspection fees as provided for in § 40-15-17. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 140 which was deferred to the 41st legislative day.

Respectfully submitted,
KEITH PAISLEY, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 39 which has been amended by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 37 which has passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1076, 1077, 1164, 1204, 1209, 1234, 1245, and 1259 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

     Yesterday, Sen. Paisley announced his intention to reconsider the vote by which SB 189 lost.

     Sen. Paisley moved to reconsider the vote by which SB 189 lost.

     The question being on Sen. Paisley's motion to reconsider the vote by which SB 189 lost.

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Lawler; Munson (David); Paisley; Reedy; Rounds; Shoener; Valandra; Vitter; Whiting

Nays were:
Dennert; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Morford-Burg; Olson; Staggers; Symens; Thompson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 189 was up for reconsideration and final passage.

Sen. Paisley moved that SB 189 be deferred until Wednesday, February 19, the 27th legislative day.

Which motion prevailed and the bill was so deferred.

Sen. Halverson moved that HB 1088 be referred from the Committee on Judiciary to the Committee on Health and Human Services.

Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 259 as found on page 421 of the Senate Journal; also

     Commerce on SB 149 as found on page 421 of the Senate Journal; also

     Commerce on SB 208 as found on page 422 of the Senate Journal; also

     Commerce on SB 216 as found on page 424 of the Senate Journal; also

     Transportation on HB 1084 as found on page 420 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

     Sen. Staggers moved that SJR 4 be placed on today's calendar.

     The question being on Sen. Staggers' motion that SJR 4 be placed on today's calendar.

     And the roll being called:

     Yeas 18, Nays 17, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy; Staggers; Thompson; Valandra

Nays were:
Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Paisley; Rounds; Shoener; Symens; Vitter; Whiting

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

Sen. Staggers moved that SJR 4 be placed to precede SB 236 on today's calendar.

Which motion prevailed and SJR 4 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 196 : FOR AN ACT ENTITLED, An Act to provide for civil enforcement of statutes against assisted suicide.

Was read the second time.

     The question being "Shall SB 196 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; 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 221 : FOR AN ACT ENTITLED, An Act to exempt snowmobiles from uninsured and underinsured motorist coverage.

Was read the second time.

     The question being "Shall SB 221 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SJR 4 : A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota to prohibit the taxation of inheritances.

Was read the second time.

t-j4

Sen. Staggers moved that SJR 4 be amended as follows:

On page 1 , after line 13 of the printed joint resolution , insert:

" Section 3. The effective date of section 2 of this Joint Resolution is January 1, 2000. "

Which motion prevailed and the resolution was so amended.

     The question being "Shall SJR 4 pass as amended?"

     And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Morford- Burg; Munson (David); Olson; Reedy; Staggers; Thompson

Nays were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Lawler; Paisley; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

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

SB 236 : FOR AN ACT ENTITLED, An Act to establish a program to provide a television access program for persons who are deaf and hard of hearing.

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

t-236b

Sen. Daugaard moved that SB 236 be amended as follows:

On page 2 , line 15 of the printed bill , after " simultaneously " insert " on a verbatim basis " .

On page 2 , line 16 , delete " and " .

On page 2 , line 18 , delete " . " and insert " ; and " .

On page 2 , after line 18 , insert:

"(9) "Video programming provider," any entity that provides video programming to consumers and to the public, including over-the-air broadcast television service and all multichannel video programming distributors, including CATV systems; direct- to-home satellite services; direct broadcast satellite services; home satellite dish distributors; wireless cable systems using the multichannel multipoint distribution service, instructional television fixed service, or local multipoint distribution; satellite master antenna television; and open video systems."

On page 3 , line 10 , after " 1999. " insert " The Department of Human Services shall, by rules promulgated pursuant to chapter 1-26, establish procedures for reimbursement for the cost of providing the services required in this section. The reimbursement shall be from the television access fund for the deaf or hard of hearing. Reimbursement shall begin on October 1, 1997 and shall be through application to the Department of Human Services on forms provided by the department. "

On page 3 , delete lines 11 to 20 , inclusive , and insert:

" Section 5. There is hereby imposed an access fee of one percent of the gross revenues of any video programming provider that are derived from the provision of video programming or the provision of access, directly or indirectly, to video programming. The fee shall be used to pay for the program established in this Act. On or before the last day of the month following each two month period after the effective date of this Act, each video programing provider shall remit the access fee for the two-month period to the Department of Revenue on forms provided by the department. The Department of Revenue may grant an extension of not more than five days for filing a remittance. The Department of Revenue shall deposit the money received under this Act into the television access fund for the deaf and hard of hearing. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 specifying the procedures and requirements for the calculation and remittance of the access fee. Following the remittance of all fees due for the first twelve months after the effective date of this Act, the Department of Revenue shall promulgate rules pursuant to chapter 1-26 to adjust the amount or rate of the access fee so that the fee will generate approximately one million dollars per year or a lesser amount recommended by the Department of Human Services as provided in this Act. "

On page 3 , delete lines 21 to 24 , inclusive .

On page 4 , delete line 1 .

On page 4 , delete lines 6 and 7 .

Which motion prevailed and SB 236 was so amended.

     The question being "Shall SB 236 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Symens; Valandra

Nays were:
Aker; Dennert; Drake; Dunn (Jim); Frederick; Ham; Kleven; Lange; Rounds; Shoener; Staggers; Thompson; Vitter; Whiting

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

Sen. Daugaard announced his intention to reconsider the vote by which SB 236 lost.

SB 213 : FOR AN ACT ENTITLED, An Act to make certain legislative findings concerning the case of Knowles vs. United States and to clarify its application to certain practitioners of the healing arts and their employers.

Was read the second time.

q-213f

Sen. Kloucek moved that SB 213 be amended as follows:

On page 1 , line 15 of the Senate Health and Human Services committee engrossed bill , after " assistant, " insert " optometrist, podiatrist, " .

Sen. Halverson moved that Sen. Kloucek's motion to amend SB 213 be laid on the table.

Which motion prevailed and Sen. Kloucek's motion to amend SB 213 was laid on the table.

     The question being "Shall SB 213 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; 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 156 : FOR AN ACT ENTITLED, An Act to revise the definition of a single-family occupied dwelling.

Was read the second time.

     The question being "Shall SB 156 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; 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 260 : FOR AN ACT ENTITLED, An Act to provide that termination of parental rights is final and unconditional.

Was read the second time.

The question being "Shall SB 260 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Dunn (Rebecca)

Excused were:
Paisley

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 261 : FOR AN ACT ENTITLED, An Act to prohibit conditional adoptions.

Was read the second time.

o-261

Sen. Halverson moved that SB 261 be amended as follows:

On page 1 , line 10 of the printed bill , delete " 1985 " and insert " 1995 " .

Which motion prevailed and SB 261 was so amended.

     The question being "Shall SB 261 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; 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 263 : FOR AN ACT ENTITLED, An Act to revise certain provisions of the physician tuition reimbursement program and the medical education scholarship program.

Was read the second time.

q-263

Sen. Rounds moved that SB 263 be amended as follows:

On page 3 , line 19 of the printed bill , after " program " insert " which obligates the person to provide medical services within an underserved area " .

Which motion prevailed and SB 263 was so amended.

     The question being "Shall SB 263 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; 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 266 : FOR AN ACT ENTITLED, An Act to revise certain child support provisions including the adoption of certain child support provisions required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Was read the second time.

The question being "Shall SB 266 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Lawler

Excused were:
Frederick

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 231 : FOR AN ACT ENTITLED, An Act to permit certain charges and increase late payment charges in small loan contracts.

Was read the second time.

     The question being "Shall SB 231 pass?"

     And the roll being called:

     Yeas 11, Nays 23, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Daugaard; Dunn (Jim); Everist; Johnson (William); Munson (David); Rounds; Shoener; Staggers; Whiting

Nays were:
Benson; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Olson; Paisley; Reedy; Symens; Thompson; Valandra; Vitter

Excused were:
Frederick

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

Sen. Staggers announced his intention to reconsider the vote by which SB 231 lost.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Saturday, February 15, the 25th legislative day.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1076 : FOR AN ACT ENTITLED, An Act to provide that the school district of residence of certain foster children is the resident district of the foster parent.

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

HB 1077 : FOR AN ACT ENTITLED, An Act to allow for the purchase of certain items out of a school district's capital outlay fund.

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

HB 1164 : FOR AN ACT ENTITLED, An Act to authorize sanctions for inmate abuse of the court system and to require inmate financial responsibility for costs incurred from the court actions.

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

HB 1204 : FOR AN ACT ENTITLED, An Act to provide that funds held in an irrevocable prearranged funeral trust be paid to a licensed funeral director, funeral establishment, or embalmer selected by the purchaser of the prearranged funeral trust or the next of kin of the purchaser.

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

HB 1209 : FOR AN ACT ENTITLED, An Act to revise the date by which school district budgets are to be reported.

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

HB 1234 : FOR AN ACT ENTITLED, An Act to provide certain compensation to legislators for constituent services.

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

HB 1245 : FOR AN ACT ENTITLED, An Act to define self-service storage facilities, to provide a lien on all personal property stored at such facilities, and to provide a procedure for the enforcement of such lien.

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

HB 1259 : FOR AN ACT ENTITLED, An Act to provide certain provisions regarding inmate assault against Department of Corrections employees.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1079 : FOR AN ACT ENTITLED, An Act to repeal requirements for health care providers to report capital expenditures in excess of one hundred thousand dollars.

Was read the second time.

Sen. Whiting moved that HB 1079 be deferred until Tuesday, February 18, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1113 : FOR AN ACT ENTITLED, An Act increase the fees for certain documents recorded by the register of deeds.

Was read the second time.

     The question being "Shall HB 1113 pass?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca); Everist; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Munson (David); Reedy; Rounds; Shoener; Valandra; Vitter; Whiting

Nays were:
Dennert; Drake; Flowers; Kloucek; Lawler; Morford-Burg; Olson; Paisley; Staggers; Symens; Thompson

Excused were:
Frederick

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 1117 : FOR AN ACT ENTITLED, An Act to authorize a county to create a depreciation reserve for capital acquisitions.

Was read the second time.

Sen. Flowers moved that HB 1117 be deferred until Tuesday, February 18, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1092 : FOR AN ACT ENTITLED, An Act to revise certain provisions related to the operation of motorboats and personal watercraft.

Was read the second time.

     The question being "Shall HB 1092 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Drake; Kloucek

Excused were:
Frederick

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.

SIGNING OF BILLS

     The President publicly read the title to

     SB 56: FOR AN ACT ENTITLED, An Act to revise certain authority of the secretary of health to enter into mutual agreements regarding inspections of lodging and food services.

     SB 67: FOR AN ACT ENTITLED, An Act to transfer the authority to certify sign language interpreters to the Department of Human Services.

     SB 120: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to insurance arbitration between insurance companies.

     HB 1041: FOR AN ACT ENTITLED, An Act to revise the requirements by which parole hearings may be held by teleconference.

     HB 1061: FOR AN ACT ENTITLED, An Act to establish the crime of enticing a child and to provide a penalty therefor.

     HB 1062: FOR AN ACT ENTITLED, An Act to allow more time for a mental illness hearing.

     And signed the same in the presence of the Senate.

Sen. Drake moved that the Senate do now adjourn, which motion prevailed, and at 4:10 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary