Senate Journal 02/18/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 18, 1997

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by Senate page Stephanie Hummel.

     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-fifth 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.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 37, 39, 104, 107, 111, 153, 157, 192, and 207 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 32, 33, 34, 35, 50, 56, 67, 71, and 120 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 18, 1997.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 233, which was reconsidered, and returns the same with the recommendation that said bill do not pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 49 which was deferred to the 41st legislative day.

Respectfully submitted,
RANDY FREDERICK, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 154 and returns the same with the recommendation that said bill be amended as follows:

j-154

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

" Section 1. That § 13-13-11.1 be amended to read as follows:

13-13-11.1. For the purpose of distributing state aid to education under the provisions of § § 13-13-10.1 to 13-13-46, inclusive, funds received from the federal government under the provisions of ~~P.L. 81-874 shall be included in total general fund revenue at the time the funds are transferred from the school district 874 fund to the school district general fund~~ P.L. 103-382, title VIII for basic support shall be included in total general fund revenue at the times the funds are transferred from the school district P.L. 103-382, title VIII fund to the school district funds. For the purposes of distributing state aid to special education under the provisions of § 13-37- 36, funds received from the federal government under the provisions of P.L. 103-382, title VIII add on for children with disabilities shall be deposited into the school district special education fund .

Section 2. That § 13-16-30 be amended to read as follows:

13-16-30. Any funds received from the federal government under the provisions of ~~P.L. 81-874~~ P.L. 103-382, title VIII for basic support may be deposited into the ~~874 fund~~ P.L. 103- 382, title VIII fund .

Section 3. That § 13-16-31 be amended to read as follows:

13-16-31. The ~~874~~ P.L. 103-382, title VIII fund shall serve as a fund from which transfers shall be made to the ~~other~~ funds enumerated in § 13-16-2. A school district may not make expenditures out of its ~~874~~ P.L. 103-382, title VIII fund . Transfers out of the ~~874~~ P.L. 103-382, title VIII fund shall be made at the discretion of the school board. "

j-154t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " revise certain school district funds. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 24 and returns the same with the recommendation that said bill be amended as follows:

c-24

On page 4 of the printed bill , delete lines 17 to 20 , inclusive .

On page 5 , delete lines 10 to 22 , inclusive .

c-24a

On page 1 , line 13 of the printed bill , after " System, " insert " Department of Corrections " .

On page 1 , line 15 , overstrike " for more than thirty school days " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 239 which was tabled.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 238 and 246 which were deferred to the 41st legislative day.

Respectfully submitted,
BARBARA EVERIST, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 171 and HB 1112 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 187 and returns the same with the recommendation that said bill be amended as follows:

r-187e

On page 1 of the printed bill , after line 15 , insert:

" Section 3. A party may not be deprived of the assistance of an attorney, at the party's expense, in small claims or magistrate court. "

r-187f

On page 1 , line 8 of the printed bill , after "judgment." insert " The effective date of the increase in the jurisdiction of magistrate court in small claims proceedings is July 1, 1997, in the Sixth Judicial Circuit, and July 1, 1998, in the remaining judicial circuits of this state. "

On page 1 , line 12 , delete " eight " and insert " ten " .

On page 1 , line 15 , after " dollars. " insert " The effective date of the increase in the jurisdiction of magistrate court in small claims proceedings is July 1, 1997, in the Sixth Judicial Circuit, and July 1, 1998, in the remaining judicial circuits of this state. "

r-187t

On page 1 , line 2 of the printed bill , after " court " insert " and to clarify that a party may be represented by an attorney in small claims or magistrate court " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 268 and returns the same with the recommendation that said bill be amended as follows:

r-268

On page 8 of the printed bill , delete lines 3 to 7 , inclusive .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill be amended as follows:

r-1068b

On page 1 , line 8 of the House engrossed bill , after " 15-14-29. " insert " The Unified Judicial System is authorized to execute a pilot program implementing the provisions of this Act in one judicial circuit of the state beginning on July 1, 1997, and to continue for a period of one year to determine the practicability and feasibility of providing the right to a jury trial in small claims actions. The Unified Judicial System shall prepare an impact analysis of the effects of this Act on the judicial system to be available during the 1998 legislative session. The provisions of this Act are repealed on July 1, 1998, unless reauthorized by the Legislature. "

And that as so amended said bill do pass.

Respectfully submitted,
FRED WHITING, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 165 and HB 1047 and 1102 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 HB 1058 and 1067 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 Commerce respectfully reports that it has had under consideration HB 1046 and returns the same with the recommendation that said bill be amended as follows:

j-1046a

On page 1 , line 7 of the House engrossed bill , after " . " insert " An insurer may use age in determining whether to issue or renew life, health, or annuity policies. An insurer may use occupation in determining whether to issue or renew a life or disability policy. "

On page 1 , line 10 , delete " specific underwriting " and insert " general practices " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1049 and returns the same with the recommendation that said bill be amended as follows:

j-1049a

On page 3 of the House Commerce committee engrossed bill , after line 14 , insert:

" Section 6. The provisions of this Act do not apply to farm mutual insurers subject to chapter 58-35. "

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 126 and returns the same with the recommendation that said bill be amended as follows:

j-126

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

" Section 1. That chapter 32-35 be amended by adding thereto a NEW SECTION to read as follows:

The Department of Commerce and Regulation may contract with an insurance company or its authorized information vendor to provide the entries made on the operating records of the insurance company's policyholders. The department may determine the periodic basis and the media on which the information will be provided. The cost of the service shall be determined by the parties. The information provided shall only be used by the insurance company receiving the information for purposes of dealing with its policyholders. "

j-126t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " permit the Department of Commerce and Regulation to provide the driving record of policyholders to insurance companies. "

On page 1 , delete lines 2 and 3 .

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

Respectfully submitted,
JERRY SHOENER, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1089 and returns the same with the recommendation that said bill do pass.

MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 175 which was removed from the table and returns the same with the recommendation that said bill be amended as follows:

o-175

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

" Section 1. That § 49-28A-3 be amended to read as follows:

49-28A-3. The state hereby adopts Title 49 of the Code of Federal Regulations, subtitle B, chapter I, subchapter C, parts 171 ~~through~~ to 180, inclusive, ~~October 1, 1993,~~ as amended through January 1, ~~1995~~ 1997 , and Title 49 of the Code of Federal Regulations, subtitle B, chapter III, subchapter B, parts 390 ~~through~~ to 397, inclusive, ~~October 1, 1993,~~ as amended through January 1, ~~1995~~ 1997, with the following modifications:

(1) All references to interstate operations shall also include intrastate operations except that drivers and motor carriers operating intrastate vehicles and combinations of vehicles with three axles or less or with a gross vehicle weight rating of not more than twenty-six thousand pounds which are not used to transport hazardous materials requiring placarding under 49 C.F.R. part 177, or designed to transport more than fifteen passengers, including the driver, are not subject to parts 390-397;

(2) For the purposes of part 391.11(b)(1), a driver shall be at least twenty-one years old if engaged in interstate commerce, or transporting hazardous material of a type or quantity requiring placarding under 49 C.F.R. part 177, or operating a vehicle designed to transport more than fifteen passengers, including the driver. All other drivers shall be at least sixteen years of age;

(3) Intrastate drivers not satisfying the physical requirements of part 391.41 shall make application with the South Dakota Department of Commerce and Regulation for a waiver in order to operate a commercial motor vehicle intrastate .

Any violation of parts 390 to 396, inclusive, the motor carrier safety requirements governing the qualifications of drivers, driving of motor vehicles, parts and accessories necessary for safe operation, notification and reporting of accidents, assistance with investigations and special studies, hours of service of drivers, inspection, repair and maintenance is a Class 2 misdemeanor. Any violation of ~~parts 171 to 180, inclusive, or part 397,~~ the hazardous materials regulations pertaining to general information, regulations and definitions, hazardous materials tables, hazardous materials communication regulations, shippers requirements for shipments and packaging, carriage by rail, carriage by aircraft, carriage by vessel, carriage by public highway, shipping container specifications, specifications for tank cars, qualification and maintenance of cargo tanks, and driving and parking rules for the transportation of hazardous materials and test and inspection marking requirements found in parts 171, 172, and 178 to 180, inclusive, is a Class 2 misdemeanor. Any violation of the hazardous materials regulations pertaining to packaging, prohibited shipments, loading and unloading, segregation and separation, retesting and inspection of cargo tanks, and other carriage by regulations found in parts 173 to 180, inclusive, or violation of the driving and parking rules in part 397, is a Class 1 misdemeanor. "

o-175t

On page 1 , line 1 , delete " allow solid waste haulers an additional tolerance from " and insert " provide for the regulation of certain intrastate motor carriers. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1035 and returns the same with the recommendation that said bill be amended as follows:

o-1035

On page 7 , line 4 of the House engrossed bill , after " . " insert " Lists shall be provided free of charge to any licensed South Dakota dealer that requests a list. "

o-1035c

On page 7 , line 11 of the House engrossed bill , after " sell, " insert " South Dakota titled " .

On page 7 , after line 12 , insert:

"Section 12. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

No person may sell or offer to sell a motor vehicle, to which a manufacturer's statement of origin has not been transferred, on consignment. For the purpose of this chapter, consignment, means the delivery of a new vehicle by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the vehicle or has a right to return the vehicle to the seller.

Section 13. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

Before a South Dakota titled vehicle may be sold by a consignee or at a public auction pursuant to § 32-6B-3, the consignee or auctioneer shall have in possession an odometer reading certified by the owner of the motor vehicle, a damage disclosure statement signed by the owner of the motor vehicle, and a South Dakota title for the motor vehicle. A violation of this section is a Class 2 misdemeanor.

Section 14. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

A consignee or an auctioneer may not sell a motor vehicle that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. A consignee or an auctioneer may not release the proceeds from the sale of a motor vehicle with a lien on the title until the lien holder signs a release of the lien. A violation of this section is a Class 2 misdemeanor.

Section 15. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

Every public auction shall keep such books, records, and files as prescribed by the department. A record shall be kept of every vehicle offered for sale by or through the public auction, including the serial or vehicle identification number and a description of the vehicle and the name and address of the motor vehicle owner. If the vehicle is sold, the name and address of the person purchasing the motor vehicle and the price for which it is sold shall be recorded and maintained. Dealer inspectors appointed pursuant to § 32-6B-38 may inspect the books, records, or files required by the department or this section.

Section 16. That § 32-6B-1 be amended by adding thereto NEW SUBDIVISIONS to read as follows:

"Auctioneer," a person who presides over a public auction where following an initial starting price, bids are taken from two or more people until a final bid or price is established for a motor vehicle;

"Public auction," a business that is open to the public where South Dakota titled motor vehicles are consigned, displayed, and auctioned to the highest bidder by an auctioneer;

"Temporary special events lot," a location other than the principal place of business, supplemental lot, or temporary supplemental lot where a licensed trailer dealer, a licensed used car dealer selling only travel trailers or motor homes, or both, or a licensed vehicle dealer selling only travel trailers or motor homes, or both, may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center sales, or tent sales. A temporary special events lot shall meet all local zoning and building codes for the type of business being conducted.

Section 17. That subdivision (13) of § 32-6B-1 be amended to read as follows:

(13) "Temporary supplemental lot," a location other than the principal place of business or supplemental lot but within the same county as the principal place of business where a licensed vehicle dealer or a licensed used vehicle dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auto shows, auctions, shopping center promotions or tent sales. ~~Such~~ A temporary supplemental ~~lots~~ lot shall meet all local zoning and building codes for the type of business being conducted;".

And that as so amended said bill do pass.

Respectfully submitted,
KERMIT STAGGERS, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1138, 1192, 1262, and 1278 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Kloucek moved that the Committee on Agriculture & Natural Resources be instructed to deliver SB 5 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Sen. Flowers moved that the Committee on Agriculture & Natural Resources be instructed to deliver SB 243 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Sen. Hutmacher moved that the Committee on State Affairs be instructed to deliver SB 247 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 265 as found on page 466 of the Senate Journal; also

     Judiciary on SB 211 as found on page 467 of the Senate Journal; also

     Judiciary on SB 235 as found on page 468 of the Senate Journal; also

     Judiciary on SB 241 as found on page 468 of the Senate Journal; also

     Judiciary on SB 267 as found on page 473 of the Senate Journal; also

     Taxation on SB 188 as found on page 477 of the Senate Journal; also

     Taxation on SB 230 as found on page 478 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 219 : FOR AN ACT ENTITLED, An Act to revise the number of nonresident waterfowl licenses issued.

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

Sen. Dennert moved that SB 219 be deferred until Wednesday, February 19, the twenty- seventh legislative day.

Which motion prevailed and the bill was so deferred.

SB 199 : FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to education.

Was read the second time.

     The question being "Shall SB 199 pass?"

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent and Not Voting 0

     Yeas were:
Benson; Dennert; Drake; Dunn (Rebecca); Flowers; Halverson; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Symens; Valandra; Vitter

Nays were:
Aker; Albers; Brown (Arnold); Daugaard; Everist; Frederick; Hainje; Ham; Kleven; Munson (David); Paisley; Rounds; Shoener; Staggers; Thompson; Whiting

Excused were:
Dunn (Jim)

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. Rounds announced his intention to reconsider the vote by which SB 199 passed.

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 reconsideration and final passage.

t-236d

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

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

" Section 1. Terms used in this Act mean:

(1) "Closed captioning," services designed for persons with hearing disabilities that provide a live or prerecorded visual presentation of the sound associated with a given television program. Captioning services are not visible except on a television receiver designed to display them or by use of a specifically installed decoder;

(2) "Interpreter services," the relaying of any local news program to the general public through the use of qualified sign language interpreters as defined in § 31-36A-10 and as determined in the rules of the Department of Human Services. The interpreter services are accomplished by simultaneously broadcasting the sign language interpreter's actual person in the same visual frame as the local news announcer. The sign language interpreter simultaneously signs the contents of the local programmed news as it is spoken by the local news announcer;

(3) "Local broadcasting news program," any news program and local broadcasted television programs produced in South Dakota, including sports, weather, emergency, legislation, education, governmental, health, and any other essential program;

(4) "Real-time closed captioning," any service similar to closed captioning but specifically used to reference the live captioning of live programs versus the captioning of prerecorded programs. These services are rendered simultaneously on a verbatim basis as a program is being broadcasted.

Section 2. Notwithstanding § § 9-35-16 to 9-35-24, effective July 1, 1998, all South Dakota based, local television stations, including South Dakota Public Television, KABY, KDLT, KCLO, KELO, KEVN, KSFY, KPLO, KTTW, and KOTA, shall provide closed captioning, or until closed captioning can be fully implemented in each local television station's broadcast, provide interpreter services, in the production and dissemination of all local news broadcasting programs. However, all South Dakota based, local television stations shall provide real-time captioning on all live local broadcasting news programs as defined in section 1 of this Act no later than July 1, 1999. "

Sen. Rounds moved that SB 236 with Sen. Daugaard's pending motion to amend be placed to follow SB 208 on today's calendar.

Which motion prevailed and SB 236 was so placed.

SB 259 : FOR AN ACT ENTITLED, An Act to promote personal responsibility and provide temporary assistance for needy families and to revise certain provisions relating to public assistance.

Was read the second time.

o-259d

Sen. Hunhoff moved that SB 259 be amended as follows:

On page 7 of the Senate State Affairs committee engrossed bill , after line 15 , insert:

" Section 27. The department shall emphasize education and job training as a major component of temporary assistance for needy families if the education and training does not result in the loss of federal financial participation. "

o-259e

Sen. Rounds moved as a substitute motion that SB 259 be amended as follows:

On page 4 , line 11 of the printed bill, insert "to the extent possible in a work-oriented program, training and education, although not an alternative for working, may be utilized to prepare people for work."

Sen. Kloucek moved that Sen. Rounds' substitute motion to amend SB 259 be laid on the table.

Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Kloucek's motion that Sen. Rounds' substitute motion to amend SB 259 be laid on the table.

     And the roll being called:

     Yeas 15, Nays 20, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Olson; Paisley; Reedy; Symens; Valandra

Nays were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Rounds; Shoener; Staggers; Thompson; Vitter; Whiting

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

o-259e

Sen. Halverson moved that Sen. Rounds' substitute motion to amend SB 259 be amended as follows:

On page 4 , line 7 of the Senate State Affairs committee engrossed bill , after "." insert " To the extent possible in a work-oriented program, training and education, although not an alternative for working, may be utilized to prepare people for work. "

Which motion prevailed and Sen. Rounds' motion to amend was so amended.

Sen. Frederick moved the previous question.

Which motion prevailed.

The question being on Sen. Rounds' substitute motion that SB 259 be amended.

Which motion prevailed and the bill was so amended.

     The question now being "Shall SB 259 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 149 : FOR AN ACT ENTITLED, An Act to resolve certain conflicting provisions regarding workers' compensation and health insurance coverage.

Was read the second time.

Sen. Staggers moved that SB 149 be deferred until Wednesday, February 19, the twenty- seventh legislative day.

Which motion prevailed and the bill was so deferred.

SB 208 : FOR AN ACT ENTITLED, An Act to revise the requirements for individual and group health insurance availability, portability, and renewability.

Was read the second time.

     The question being "Shall SB 208 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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

Excused were:
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.

The question now being on Sen. Daugaard's pending motion to amend SB 236.

t-236e

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

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

" Section 1. Terms used in this Act mean:

(2) "Interpreter services," the relaying of any local news program to the general public through the use of qualified sign language interpreters. The interpreter services are accomplished by simultaneously broadcasting the sign language interpreter's actual

person in the same visual frame as the local news announcer. The sign language interpreter simultaneously signs the contents of the local programmed news as it is spoken by the local news announcer;

Which motion prevailed and SB 236 was so amended.

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

     And the roll being called:

     Yeas 24, Nays 10, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Vitter

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

The question being on the title.

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

t-236t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " require the provision of certain closed captioning and interpretive television services. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 216 : FOR AN ACT ENTITLED, An Act to revise certain insurance investment provisions.

Was read the second time.

     The question being "Shall SB 216 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 244 : FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons.

Was read the second time.

The question being "Shall SB 244 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

SB 73 : FOR AN ACT ENTITLED, An Act to increase certain license fees and other fees charged by the Office of the Secretary of State.

Was read the second time.

Sen. Drake moved the previous question.

Which motion prevailed.

     The question being "Shall SB 73 pass?"

     And the roll being called:

     Yeas 19, Nays 15, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Dunn (Rebecca)

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. Kloucek announced his intention to reconsider the vote by which SB 73 passed.

SB 262 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding reverse mortgages.

Was read the second time.

     The question being "Shall SB 262 pass?"

     And the roll being called:

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

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist; Flowers; Frederick; 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:
Kloucek

Excused were:
Benson; Dunn (Rebecca)

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 264 : FOR AN ACT ENTITLED, An Act to limit any future creation of QUEST entities and to declare an emergency.

Was read the second time.

     The question being "Shall SB 264 pass?"

     And the roll being called:

     Yeas 19, Nays 15, Excused 1, Absent and Not Voting 0

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

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford- Burg; Olson; Reedy; Staggers; Symens; Thompson; Valandra

Excused were:
Ham

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. Whiting announced his intention to reconsider the vote by which SB 264 lost.

     Sen. Whiting moved that SB 264 be immediately reconsidered.

     The question being on Sen. Whiting's motion that SB 264 be immediately reconsidered.

     And the roll being called:

     Yeas 19, Nays 15, Excused 1, Absent and Not Voting 0

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

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford- Burg; Olson; Reedy; Staggers; Symens; Thompson; Valandra

Excused were:
Ham

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 264 was up for immediate reconsideration.

SB 264 : FOR AN ACT ENTITLED, An Act to limit any future creation of QUEST entities and to declare an emergency.

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

o-264

Sen. Whiting moved that SB 264 be amended as follows:

On page 6 of the printed bill , delete lines 11 to 13 , inclusive .

Which motion prevailed and SB 264 was so amended.

     The question being "Shall SB 264 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 14, Excused 2, Absent and Not Voting 0

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

Nays were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford- Burg; Olson; Reedy; Staggers; Symens; Thompson

Excused were:
Ham; Valandra

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

The question being on the title.

Sen. Whiting moved that the title to SB 264 be amended as follows:

o-264t

On page 1 of the printed bill , delete everything after "entities" and insert " . " .

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 191 : FOR AN ACT ENTITLED, An Act to allow the payment of gross receipts tax on the rental of certain trailers and to declare an emergency.

Was read the second time.

The question being "Shall SB 191 pass?"

And the roll being called:

SB 108 : FOR AN ACT ENTITLED, An Act to revise budget transfer authority.

Was read the second time.

     The question being "Shall SB 108 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 254 : FOR AN ACT ENTITLED, An Act to appropriate money for memorial education cost equalization grants and to declare an emergency.

Was read the second time.

Sen. Hunhoff moved that SB 254 be deferred until Thursday, February 20, the 28th legislative day.

Which motion lost.

The question being "Shall SB 254 pass as amended?"

And the roll being called:

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

Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Shoener; Symens; Thompson; Valandra; Whiting

Nays were:
Aker; Drake; Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Rounds; Staggers; Vitter

Excused were:
Dunn (Jim)

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. Thompson announced his intention to reconsider the vote by which SB 254 lost.

SB 228 : FOR AN ACT ENTITLED, An Act to provide for and to regulate electronic livestock auctions.

Was read the second time.

     The question being "Shall SB 228 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

SB 234 : FOR AN ACT ENTITLED, An Act to exempt transportation services, veterinarian services, and animal specialty services from sales and use tax.

Was read the second time.

     The question being "Shall SB 234 pass?"

     And the roll being called:

     Yeas 15, Nays 20, Excused 0, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford- Burg; Olson; Reedy; Staggers; Symens; Thompson; Valandra

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

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

Sen. Kloucek announced his intention to reconsider the vote by which SB 234 lost.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 202 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 137 and returns the same with the recommendation that said bill be amended as follows:

t-137b

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

" Section 1. That § 41-6-21 be amended to read as follows:

41-6-21. The Game, Fish and Parks Commission may by rules ~~adopted~~ promulgated pursuant to § 41-2-18 set the number of licenses issued for the hunting, taking, or killing of any

big game animal during any season and establish who ~~shall be~~ is eligible to apply for such licenses. Any person in the armed services of the United States who is absent from this state on active duty during the entire time for making application, and is otherwise qualified, may apply for and shall receive deer and west river antelope licenses. In addition, any spouse or dependent child of such a person in the armed services who is also absent from this state during the entire time for making application, and is otherwise qualified, may apply for and shall receive deer and west river antelope licenses. In establishing eligibility, the commission may give preference to persons who actually operate or live as owner or tenant on agricultural, timber or grazing lands situated within the areas opened to such big game hunting. It is a Class 2 misdemeanor for anyone to apply for such licenses except those persons whose eligibility has been established by statute or rule of the Game, Fish and Parks Commission. "

t-137ta

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide for the issuance of big game licenses to the dependent children of certain armed services members. " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SCR 4 and returns the same with the recommendation that said resolution be amended as follows:

t-c4

On page 355 , line 11 of the Senate Journal , delete " business " and insert " businesses, " .

On page 355 , line 17 , delete " business " and insert " businesses " .

And that as so amended said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 243 which was tabled.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 227, 240, and 5 which were deferred to the 41st legislative day.

Respectfully submitted,
JIM DUNN, Chair

President Pro tempore Halverson now presiding.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1138 : FOR AN ACT ENTITLED, An Act to provide for a graduated driver's licensing system.

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

HB 1192 : FOR AN ACT ENTITLED, An Act to exempt certain communications and computer technologies and equipment from bidding requirements.

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

HB 1262 : FOR AN ACT ENTITLED, An Act to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs.

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

HB 1278 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the crime victims' compensation program.

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

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.

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

f-1079

Sen. Hunhoff moved that HB 1079 be amended as follows:

On page 2 , after line 15 , insert:

"Section 5. That § 36-2-19 be amended to read as follows:

36-2-19. It is unprofessional for a practitioner of the healing arts to refer a patient to an unaffiliated health care facility in which the practitioner, the practitioner's immediate family, or a corporation or limited liability company owned in whole or in part by the practitioner has a substantial financial interest without disclosing the general nature of this interest to the patient, the patient's parent or guardian, at the time of the referral. As used in this section, a substantial financial interest is an ownership interest of ~~twenty-five~~ two percent or more, or one hundred thousand dollars gross investment interest, whichever is greater; a direct creditor's interest in ~~twenty-five~~ two percent or more , or one hundred thousand dollars gross investment interest, whichever is greater, of the facility's debt , ; or a direct lessor's interest in ~~twenty-five~~ two percent of more of a lease to the facility. Immediate family means the spouse and children of the practitioner. Such conduct constitutes grounds for discipline by the practitioner's appropriate licensing board."

Sen. Lawler requested that Joint Rule 5-17 be invoked on HB 1079.

Which request was supported and HB 1079 with Sen. Hunhoff's pending motion to amend was deferred to Thursday, February 20, the 28th legislative day

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

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

     The question being "Shall HB 1117 pass?"

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca); Everist; Flowers; Ham; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Shoener; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Benson; Dunn (Jim); Frederick; Hainje; Halverson; Johnson (William); Kleven; Rounds; Staggers

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 1084 : FOR AN ACT ENTITLED, An Act to revise certain speed limits on township roads.

Was read the second time.

     The question being "Shall HB 1084 pass as amended?"

     And the roll being called:

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

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

Nays were:
Benson; Halverson; Johnson (William); Thompson

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 37: FOR AN ACT ENTITLED, An Act to authorize the Board of Water and Natural Resources to contract for financial services, to provide for the confidentiality of certain proprietary information, and to authorize additional forms of financial assistance by the board.

     SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding water user districts and water development districts.

     SB 104: FOR AN ACT ENTITLED, An Act to clarify the time when wages are due by the employer of a separated employee.

     SB 107: FOR AN ACT ENTITLED, An Act to clarify governmental ownership of insurance companies upon certain findings by the director of the Division of Insurance.

     SB 111: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the valuation of the insurable interest of certain property insurance policies.

     SB 153: FOR AN ACT ENTITLED, An Act to revise the requirements for selling and purchasing surplus property.

     SB 157: FOR AN ACT ENTITLED, An Act to revise the security required of an agent selling hunting and fishing licenses and snowmobile permits, to provide for fees and interest to be charged agents, and to limit the liability of county treasurers.

     SB 192: FOR AN ACT ENTITLED, An Act to revise certain requirements for snow removal equipment and to declare an emergency.

     SB 207: FOR AN ACT ENTITLED, An Act to limit the application of preexisting waiting periods for health insurance policies.

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

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

     HB 1116: FOR AN ACT ENTITLED, An Act to repeal the time limit on compilation of municipal ordinances.

     HB 1118: FOR AN ACT ENTITLED, An Act to revise the municipal bid limits.

     HB 1124: FOR AN ACT ENTITLED, An Act to revise the requirements for publishing and filing an annual financial report.

     And signed the same in the presence of the Senate.

Sen. Aker moved that the Senate do now adjourn, which motion prevailed, and at 6:40 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary