Senate Journal 02/19/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 19, 1997

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

     The prayer was offered by the Chaplain, Vicar Glen Gutz, followed by the Pledge of Allegiance led by Senate page Shanna Hilderman.

     Roll Call: All members present except Sen. Johnson who was 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 twenty-sixth 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.

The oath of office was administered by the President to Jackie Hoefert, Legislative Aide.

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 250 which was deferred to the 41st legislative day.

Respectfully submitted,
RANDY FREDERICK, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 243 which was tabled and returns the same with the recommendation that said bill do not pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 5 which had been deferred to the 41st legislative day and returns the same without recommendation.

Respectfully submitted,
JIM DUNN, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 247 which had been deferred to the 41st legislative day and returns the same with the recommendation that said bill do not pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1004 and HB 1055 and 1125 and returns the same with the recommendation that said resolution and bills do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1105 and returns the same with the recommendation that said bill 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 121 and returns the same with the recommendation that said bill be amended as follows:

t-121h

On page 1 , line 10 of the printed bill, delete the underscored material .

On page 1 , overstrike lines 10 and 11 .

On page 2 , line 17 , delete everything after " in " and insert " the most appropriate hospital available to meet the emergency need. The physician, physician assistant, or nurse practitioner on duty or on call at the hospital must determine whether the individual requires emergency hospital care. The need for emergency hospital care is established if the absence of emergency care is expected to result in death, additional serious jeopardy to the individual's health, serious impairment to the individual's bodily functions, or serious dysfunction of any bodily organ or part. The term does not include care for which treatment is available and routinely provided in a clinic or physician's office " .

On page 2 , delete lines 18 and 19 .

On page 2 , line 20 , delete everything before " ; " .

On page 3 , line 3 , after " attention " insert ";

(6) "Indigent by design," an individual who meets any one of the following criteria:

(a) Is able to work but has chosen not to work;

(b) Is a student at a postsecondary institution who has chosen not to purchase health insurance;

(d) Has transferred resources for purposes of establishing eligibility for medical assistance available under the provisions of this chapter. The lookback period for making this determination includes the thirty-six month period immediately prior to the onset of the individual's illness and continues through the period of time for which the individual is requesting services".

On page 3 , line 11 , delete " and " .

On page 3 , line 13 , delete " . " and insert " ; " .

On page 3 , after line 13 , insert:

(4) Is not indigent by design; and

(5) Is not a veteran or a member of a Native American tribe who is eligible or would have been eligible for services through the Veterans' Administration or the Indian Health Service if the services had been applied for within seventy-two hours of the person's admission. "

On page 4 , line 16 , overstrike " health " .

On page 4 , line 16 , before " in " insert " social services " .

On page 4 , line 19 , remove the overstrikes from " ~~unless such period is~~ " .

On page 4 , line 20 , remove the overstrikes from " ~~extended or otherwise provided by the secretary,~~ " .

On page 5, line 3 of the printed bill, before "." insert " or an amount established by the secretary of the Department of Social Services, whichever is less. The amount established by the secretary shall be based on medicaid payment methodology ".

On page 5 , line 10 , overstrike " the actual cost of hospitalization " and insert " the rates provided for in this section " .

On page 6 , line 7 , remove the overstrikes from " ~~such~~ " .

On page 6 , line 8 , after " section " insert " and the release of information provided for in section 26 of this Act " .

On page 6 , line 14 , delete " actual cost " and insert "reimbursement".

On page 6 , line 17 , after " . " insert " If a county provides payment for nonemergency services, the services shall be approved by the county before the services are provided. "

On page 10 , line 24 , delete " fifty percent of the " and insert " the homestead exemption provided for in subdivision (2) of § 43-45-3; " .

On page 11 , delete line 1 .

On page 12 , line 10 , delete " and " .

On page 12 , line 10 , after " vehicle " insert " ; clothing, reasonable in relation to the household's income; and installment payments, limited to necessary household items required by the household to maintain the needs of everyday living and reasonable in relation to the household's income " .

On page 13, line 4, overstrike "or within seven days in the case of a nonemergency admission".

On page 13 , line 12 , overstrike " cost of " and insert " reimbursement for " .

On page 14 , delete lines 19 to 21 , inclusive , and insert:

"Section 21. That § 28-13-44 be amended to read as follows:

28-13-44. No county is liable for any expenses of any person if such expenses have been
discharged in bankruptcy, unless the person is indigent as defined by § 28-13-1.1 The fact that an individual has filed a petition in bankruptcy or has received a discharge in bankruptcy under Title 11 of the United States Code is not admissible evidence in a proceeding under this chapter and may not be considered in making a determination of indigency.

Section 22. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as follows:

If an individual is indigent by design, the individual is ineligible for medical assistance under the provisions of this chapter and there may be no other criteria used to determine eligibility.

Section 23. That § 28-13-30 be amended to read as follows:

28-13-30. The secretary of ~~health~~ social services shall make such investigation as ~~he deems~~ necessary, and shall approve the statement of costs only if ~~he finds it as~~ the statement is accurate, complete and reliable as could reasonably be expected, and that it discloses, as nearly as may be reasonably determined, the ratios of costs to charges for the hospital's fiscal year covered by the statement of costs. In granting approval, the secretary may modify any items in the statement ~~as he finds~~ which require such modification and shall provide written notice of any such modification to the respective hospital.

Section 24. That § 28-13-31 be amended to read as follows:

28-13-31. No statement of costs, or amendment thereto, may take effect until approved by
the secretary of ~~health~~ social services and the expiration of thirty days from the filing thereof, and thereafter, for purposes of ~~§ § 28-13-27 to 28-13-36, inclusive~~ this chapter , shall remain in full force and effect until the next statement of costs, or amendment thereto, filed by the hospital pursuant to § 28-13-28 is approved by the secretary. Any such statement of costs, or amendments thereto, shall be a public record and be available for inspection at any time in behalf of any board of county commissioners.

Section 25. That § 28-13-32 be amended to read as follows:

28-13-32. Any board of county commissioners may at any time file, with the secretary of
~~health~~ social services and the hospital concerned, objections in writing to any such statement
of costs, any items therein, or amended thereto, which objections shall be passed upon by the secretary.

Section 26. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as follows:

If submitting a notice under the provisions of § 28-13-34.1, the hospital shall make every reasonable effort to secure from the patient, and to include with the notice, a release of information form which has been signed by the patient or the patient's authorized representative. The form shall authorize persons, agencies, or institutions to release, to the county, the patient's social security number, the social security number of other household members, medical information concerning the patient, and financial information concerning the patient or members of the patient's household.

Section 27. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as follows:

A county may review the need for emergency room treatment, an admission, a transfer, a continued stay, or inpatient surgical services. At its option, a county may request the Department of Social Services to provide the needed reviews on the county's behalf. In either case, the review shall be conducted by or under the supervision of a physician licensed under chapter 36-4, and shall be consistent with generally accepted medical practice guidelines.

Section 28. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as follows:

No county is liable for the payment of any experimental procedures or experimental modes of treatment provided on behalf of a medically indigent person.

Section 29. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding § 7-8-30, in any appeal regarding medical indigence, the circuit court may affirm or remand for further proceedings, or the court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the county's findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the county;

(3) Made upon lawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in light of the entire evidence in the record; or

(6) Clearly unwarranted exercise of discretion.

Section 30. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as follows:

If submitting a bill to a county for medically necessary hospital services provided on behalf of a person who is medically indigent, the hospital must first demonstrate that it has exhausted all avenues of payment including accepting reasonable monthly payments from the person who does not have the ability to pay the hospital in one lump sum at the time of discharge."

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 HJR 1001 and returns the same with the recommendation that said resolution be amended as follows:

o-1001a

On page 1 , line 14 of the printed resolution , after " approve " insert " or disapprove " .

And that as so amended said resolution do pass.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1085, 1093 and 1143 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1013, 1076 and 1126 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 170 and returns the same with the recommendation that said bill be amended as follows:

c-170

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

" Section 1. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

Terms used in this chapter mean:

(1) "Content standards," descriptions of the knowledge and the skills students are expected to acquire in each of the core subject areas as identified in this Act;

(2) "Curriculum statements," the local district's explicit specifications in each content standard of what all students need to know and must be able to do at the levels identified in section 2 of this Act in order to meet state content standards. All curriculum statements shall be clearly defined and measurable.

Section 2. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any other provision of law, the Department of Education and Cultural Affairs shall establish statewide content standards of learning for all public schools in the state. The content standards shall be developed for grades kindergarten through twelfth grade with performance levels determined at the kindergarten through second grade, third through fourth grade, fifth through eighth grade, and ninth through twelfth grade levels. In order to guide instruction and assure that each student has an opportunity to acquire the knowledge and skills which will be assessed by the state testing program, each school district shall adopt, by board action, and implement district curriculum statements in language arts, mathematics, social studies, and science that are aligned with the state content standards.

Curriculum statements for language arts and mathematics shall be adopted and implemented in each district by not later than July 1, 1998. Curriculum statements for social sciences and sciences shall be adopted and implemented in each district by not later than July 1, 2000.

Section 3. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

Each school district shall administer a standardized, norm-referenced achievement test to all students in grades two, four, eight, and eleven during the spring norming period each year, using an achievement test provided by the department. This test shall assess the knowledge and skills of students in grades two, four, eight, and eleven based on the state content standards and local curriculum statements developed pursuant to section 2 of this Act. The department shall determine the length and type of test necessary to accomplish the intent of this Act. Each school district shall begin administering the test during the 1998-99 school year.

Each school district shall annually administer a nationally-normed, performance-based writing assessment during the fall norming period at grades five and nine. The department shall

provide the test. Each school district shall begin administering the test during the 1998-99 school year.

Section 4. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

The placement committee may exempt a student in need of special education or special education and related services from the testing requirements of this Act. The student's waiver must be set forth in the student's individual education plan.

Section 5. That chapter 13-33 be amended by adding thereto a new section to read as follows:

The department shall report the results of the achievement testing program to the public by not later than October 15 of the same calendar year in which the tests were administered. The results shall be reported in three forms: by school district, by school building, and by grade level.

The department shall report the results in a manner to allow parents, students, teachers, administrators, and taxpayers to draw reasonable conclusions about the quality and effectiveness of the education students receive in the respective grade levels, school buildings, and school districts in the state.

The department shall provide each school district with the report of that district's results. Each school district shall provide the report to others upon written request.

Section 6. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

The school district shall make a student's individual test scores part of that student's permanent record and provide them to the student's parents or guardian. Further release or use of a student's individual test scores is governed by the federal Family Educational Rights and Privacy Act (FERPA), as implemented in 34 CFR part 99, and may only occur with written permission from the student's parent or guardian.

Section 7. There is hereby appropriated out of any money in the general fund, not otherwise appropriated, the sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to purchase testing materials and scoring services under the program authorized by this Act and administered by the Department of Education and Cultural Affairs. Any funds not lawfully expended or obligated by June 30, 1998, shall revert to the general fund in accordance with § 4-8-21.

Section 8. Expenditures authorized by this Act shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Education and Cultural Affairs. "

c-170t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " establish statewide content standards of learning for all public schools. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Respectfully submitted,
BARBARA EVERIST, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1150 and returns the same with the recommendation that said bill be amended as follows:

t-1150j

On page 1 of the House engrossed bill , remove the overstrikes from lines 12 to 15 , inclusive .

On page 1 , line 14 , overstrike " all " and insert " any marketable " .

On page 1 , line 16 , overstrike " all " and insert " any marketable " .

On page 2 , line 2 , overstrike " all " and insert " any marketable " .

And that as so amended said bill do pass.

Respectfully submitted,
ALAN AKER, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 214 and HB 1096, 1147 and 1162 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 HB 1074, 1140 and 1241 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 Judiciary respectfully reports that it has had under consideration SB 256 which was tabled.

Respectfully submitted,
FRED WHITING, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 257 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 197 which was removed from the table and was tabled.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 218 which was deferred to the 41st legislative day.

Respectfully submitted,
KEITH PAISLEY, Chair

COMMUNICATIONS AND PETITIONS

February 19, 1997

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 18, 26, 31, 36, and 97, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
WILLIAM J. JANKLOW
GOVERNOR

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 89 and 204 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1082 and 1246 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1005 and 1011 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

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

     Sen. Rounds moved to reconsider the vote by which SB 199 passed.

     The question being on Sen. Rounds' motion to reconsider the vote by which SB 199 passed.

     And the roll being called:

     Yeas 20, Nays 13, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Munson (David); Paisley; Rounds; Shoener; Staggers; Thompson; Valandra; Vitter; Whiting

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

Excused were:
Johnson (William); Lange

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 199 was up for reconsideration and final passage.

Sen. Rounds moved that SB 199 be placed to precede SB 72 on today's calendar.

Which motion prevailed and SB 199 was so placed.

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

     Sen. Kloucek moved to reconsider the vote by which SB 73 passed.

     The question being on Sen. Kloucek's motion to reconsider the vote by which SB 73 passed.

     And the roll being called:

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

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

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

Excused were:
Johnson (William)

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

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

     Sen. Thompson moved to reconsider the vote by which SB 254 lost.

     The question being on Sen. Thompson's motion to reconsider the vote by which SB 254 lost.

     And the roll being called:

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

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

Nays were:
Aker; Dunn (Jim); Everist; Frederick; Halverson; Rounds

Excused were:
Johnson (William)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 254 was up for reconsideration and final passage.

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

Which motion prevailed and the bill was so deferred.

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

     Sen. Kloucek moved to reconsider the vote by which SB 234 lost.

     The question being on Sen. Kloucek's motion to reconsider the vote by which SB 234 lost.

     And the roll being called:

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

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

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

Excused were:
Johnson (William)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 234 was up for reconsideration and final passage.

Sen. Dennert moved that SB 234 be placed to follow SB 202 on today's calendar.

Which motion prevailed and SB 234 was so placed.

HCR 1005 : A CONCURRENT RESOLUTION, Urging the Board of Regents to make hospice care and pain management part of the core curriculum of the University of South Dakota Medical School and requesting the Department of Health to educate the public about the availability of hospice care and pain management for terminally ill persons.

Was read the first time and referred to the Committee on Health and Human Services.

HCR 1011 : A CONCURRENT RESOLUTION, Memorializing Congress to fully fund federal impact aid to local school districts.

Was read the first time and referred to the Committee on State Affairs.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on SB 154 as found on page 482 of the Senate Journal; also

     Education on SB 24 as found on page 483 of the Senate Journal; also

     Judiciary on SB 187 as found on page 484 of the Senate Journal; also

     Judiciary on SB 268 as found on page 485 of the Senate Journal; also

     Judiciary on HB 1068 as found on page 485 of the Senate Journal; also

     Commerce on HB 1046 as found on page 486 of the Senate Journal; also

     Commerce on HB 1049 as found on page 486 of the Senate Journal; also

     Commerce on SB 126 as found on page 486 of the Senate Journal; also

     Transportation on SB 175 as found on page 487 of the Senate Journal; also

     Transportation on HB 1035 as found on page 488 of the Senate Journal; also

     Agriculture & Natural Resources on SB 137 as found on page 505 of the Senate Journal; also

Agriculture & Natural Resources on SCR 4 as found on page 506 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

     Sen. Rebecca Dunn moved that the word "not" be stricken from the report of the Committee on Appropriations on SB 233 as found on page 482 of the Senate Journal and that SB 233 be placed on today's calendar.

     The question being on Sen. Rebecca Dunn's motion that the word "not" be stricken from the report of the Committee on Appropriations on SB 233 and that SB 233 be placed on today's calendar.

     And the roll being called:

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

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

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

Excused were:
Everist; Johnson (William)

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1058 : FOR AN ACT ENTITLED, An Act to authorize certain production of malt beverage and wine for personal or family use.

Was read the second time.

The question being "Shall HB 1058 pass?"

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; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Johnson (William)

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 1067 : FOR AN ACT ENTITLED, An Act to revise the period of time a bank is allowed to hold overdrafts as an asset.

Was read the second time.

     The question being "Shall HB 1067 pass?"

     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; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Johnson (William)

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

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

     The question being "Shall SB 199 pass?"

     And the roll being called:

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

     Yeas were:
Benson; Dennert; Drake; Flowers; Halverson; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Symens; Valandra

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

Excused were:
Johnson (William)

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

SB 72 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state aid to education and to declare an emergency.

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

Sen. Frederick moved that SB 72 be deferred to Thursday, February 20, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

SB 189 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to certain contracting school districts that do not operate an elementary school and a secondary school.

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

t-189a

Sen. Paisley moved that SB 189 be amended as follows:

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

" Section 1. That chapter 13-15 be amended by adding thereto a NEW SECTION to read as follows:

Any school district that has entered into a contractual agreement pursuant to § 13-15-11 and does not operate an elementary school and a secondary school within the boundaries of this state and does not levy the maximum general fund levies pursuant to § 13-13-10.1 shall levy for an additional amount that is equal to an amount which is the result of subtracting the local need pursuant to subdivision (5) of § 13-13-10.1 from local effort pursuant to subdivision (6) of § 13- 13-10.1. The additional levy shall be prorated to the adjoining in-state K-12 school districts based on each district's average daily membership. "

Which motion prevailed and SB 189 was so amended.

     The question being "Shall SB 189 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Lange; Lawler; Munson (David); Paisley; Rounds; Shoener; Valandra; Whiting

Nays were:
Aker; Benson; Drake; Flowers; Hunhoff; Hutmacher; Kloucek; Morford-Burg; Olson; Reedy; Staggers; Symens; Thompson; Vitter

Excused were:
Johnson (William)

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 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 amended as follows:

On page 2, line 10 of the Senate Agriculture and Natural Resources committee engrossed bill, delete everything after the period.

On page 2, delete line 11.

Which motion prevailed and SB 219 was so amended.

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Sen. Rounds moved that SB 219 be amended as follows:

On page 1 , line 9 of the Senate Agriculture and Natural Resources committee engrossed bill, overstrike " Four dollars " and insert " Revenue " .

On page 1 , line 10 , overstrike " shall be placed in the " and insert " in excess of four thousand annually shall be placed in the Department of Game, Fish and Parks' " .

On page 1 , line 11 , overstrike " real property to " .

On page 1 , line 12 , overstrike " be used primarily for game production " and insert " or to otherwise acquire real property to be used for providing waterfowl hunting public access primarily in counties adjacent to the Missouri River " .

On page 1 , line 12 , after " each " insert " of the first four thousand " .

On page 1 , line 15 , after " each " insert " of the first four thousand " .

On page 2 , line 8 , after " shall " insert " , by rules promulgated pursuant to chapter 1-26, " .

On page 2 , line 9 , after " nonresident " insert " waterfowl " .

On page 2 , delete lines 10 and 11 , and insert " after. However, the number of licenses to be issued in excess of four thousand annually shall be limited by the amount of money expended annually from the land acquisition and development fund dedicated for acquiring waterfowl hunting public access. Pursuant to the criteria and procedures contained in rules to be promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26, the number of nonresident waterfowl licenses to be issued annually in excess of four thousand shall be in a direct ratio of one license for each nonresident license fee amount that is expended during that calendar year by the department from the land acquisition and development fund to provide waterfowl hunting public access during that calendar year. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this section. "

On page 2 , after line 11 , insert:

" Section 2. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

No person may organize or participate in a guided commercial hunting activity, as defined by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26, on lands owned, leased, controlled, managed, or otherwise acquired by the state for wildlife management, public hunting, or recreation purposes. A violation of this section is a Class 2 misdemeanor. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this section.

Section 3. 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 this Act shall be in full force and effect from and after its passage and approval. "

Sen. Rounds moved that SB 219 with pending motion to amend be deferred to Thursday, February 20, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

SB 149 : FOR AN ACT ENTITLED, An Act to resolve certain conflicting provisions regarding workers' compensation and health insurance coverage.

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

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Sen. Staggers moved that SB 149 be amended as follows:

On the Senate Commerce committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 62-1-1.3 be amended to read as follows:

62-1-1.3. If an ~~injury is determined not to be~~ employer denies coverage of a claim on the basis that the injury is not compensable under this title due to the provisions of subsections 62-1-1(7)(a), (b), or (c), such injury is presumed to be nonwork related for other insurance purposes , and any other insurer covering bodily injury or disease of the injured employee shall pay according to the policy provisions. If coverage is denied by an insurer without a full explanation of the basis in the insurance policy in relation to the facts or applicable law for denial, the director of the Division of Insurance may determine such denial to be an unfair practice under chapter 58-33. If it is later determined that the injury is compensable under this title, the employer shall immediately reimburse the parties not liable for all payments made, including interest at the category B rate specified in § 54-3-16 . "

Which motion prevailed and SB 149 was so amended.

The question being "Shall SB 149 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting

Excused were:
Johnson (William); Valandra

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 211 : FOR AN ACT ENTITLED, An Act to assure payment of health benefits for injuries sustained by an insured person operating a motor vehicle under the influence of alcohol or drugs.

Was read the second time.

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Sen. Rounds moved that SB 211 be amended as follows:

On page 1 , line 8 of the Senate Judiciary committee engrossed bill , delete " who is less than twenty-one years of age " .

On page 1 , line 14 , delete " who is less than twenty-one years of age " .

On page 2 , line 5 , delete " who is less than twenty-one years of age " .

On page 2 , line 11 , delete " who is less than twenty-one " .

On page 2 , line 12 , delete " years of age " .

On page 2 , line 18 , delete " who is less than twenty-one " .

On page 2 , line 19 , delete " years of age " .

On page 2 , line 24 , delete " who is less " .

On page 3 , line 1 , delete " than twenty-one years of age " .

Which motion prevailed and SB 211 was so amended.

     The question being "Shall SB 211 pass as amended?"

     And the roll being called:

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

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

Nays were:
Staggers

Excused were:
Aker; Johnson (William)

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 235 : FOR AN ACT ENTITLED, An Act to revise the applicability of the physician/patient privilege to criminal actions.

Was read the second time.

     The question being "Shall SB 235 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Flowers; Frederick; Halverson; Ham; Hunhoff; Hutmacher; Kloucek; Lange; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Dunn (Rebecca); Everist; Hainje; Kleven; Lawler; Morford-Burg

Excused were:
Aker; Johnson (William)

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 241 : FOR AN ACT ENTITLED, An Act to provide for a declaration of preferences and power of attorney for mental illness treatment decisions.

Was read the second time.

     The question being "Shall SB 241 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; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Johnson (William)

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 267 : FOR AN ACT ENTITLED, An Act to increase the penalties for possession of drugs and drug paraphernalia and for drug distribution and storage.

Was read the second time.

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Sen. Drake moved that SB 267 be amended as follows:

On page 2 of the Senate Judiciary committee engrossed bill , delete lines 20 to 24 , inclusive .

     Sen. Olson moved that SB 267 and Sen. Drake's pending motion to amend SB 267 be laid on the table.

     The question being on Sen. Olson's motion that SB 267 and Sen. Drake's pending motion to amend SB 267 be laid on the table.

     And the roll being called:

Yeas 15, Nays 19, Excused 1, 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; Kleven; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting

Excused were:
Johnson (William)

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

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Sen. Hunhoff moved that SB 267 be amended as follows:

On page 4 of the Senate Judiciary committee engrossed bill , after line 3 , insert:

" Section 10. There is hereby appropriated from the youth-at-risk trust fund two hundred thousand dollars ($200,000) to the Department of Education and Cultural Affairs for grants to school districts for programs which identify at-risk youth and address their problems.

Section 11. 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. "

Sen. Hunhoff moved to withdraw his amendment until Sen. Drake's pending amendment was voted on.

Which motion prevailed.

Sen. Halverson moved the previous question.

Which motion prevailed.

The question now being on Sen. Drake's pending motion to amend SB 267.

Which motion prevailed and SB 267 was so amended.

     Sen. Rounds moved that SB 267 be amended as follows:

    On page 3 of the Senate Judiciary committee engrossed bill, delete lines 1 to 6, inclusive.

     Which motion prevailed and SB 267 was so amended.

z-267

Sen. Hunhoff moved that SB 267 be amended as follows:

On page 4 of the Senate Judiciary committee engrossed bill , after line 3 , insert:

Section 11. 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. "

Sen. Hunhoff requested a roll call vote.

Which request was supported.

The question being on Sen. Hunhoff's motion that SB 267 be amended.

    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; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Nays were:
Halverson

Excused were:
Johnson (William)

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and SB267 was so amended.

f-267b

Sen. Frederick moved that SB 267 be amended as follows:

On page 1 , line 12 of the Senate Judiciary committee engrossed bill , after " . " insert " Any person who transports five or more live marijuana plants or seedlings is guilty of a Class 6 felony regardless of penalty which could be charged pursuant to § 22-42-6 if the weight of live marijuana plants or seedlings were to be calculated. "

Which motion prevailed and SB 267 was so amended.

     The question now being "Shall SB 267 pass as amended?"

     And the roll being called:

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

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

Nays were:
Valandra

Excused were:
Aker; Johnson (William)

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

SB 265 : FOR AN ACT ENTITLED, An Act to provide for the repeal of the railroad tax credit.

Was read the second time.

The question being "Shall SB 265 pass as amended?"

And the roll being called:

Yeas 3, Nays 30, Excused 2, Absent and Not Voting 0

Yeas were:
Dunn (Jim); Halverson; Rounds

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

Excused were:
Everist; Johnson (William)

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

SB 230 : FOR AN ACT ENTITLED, An Act to provide for a refund of certain taxes attributed to the construction of new residential housing.

Was read the second time.

Sen. Halverson moved the previous question.

Which motion prevailed.

     The question being "Shall SB 230 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 13, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Dennert; Dunn (Rebecca); Everist; Flowers; Ham; Hunhoff; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy; Shoener; Staggers; Symens; Thompson; Valandra

Nays were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Frederick; Hainje; Halverson; Paisley; Rounds; Vitter; Whiting

Excused were:
Hutmacher; Johnson (William)

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 188 : FOR AN ACT ENTITLED, An Act to revise the property exempt from attachment or mesne process, sale on execution, and any other final process issued by any court.

Was read the second time.

j-188

Sen. Paisley moved that SB 188 be amended as follows:

On page 2 , line 1 of the Senate Taxation committee engrossed bill , after " law. " insert " However, this exemption is subject to the right of the state of South Dakota and its political subdivisions to collect any amounts owed to them. This section permits benefits under such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in such plan to the extent expressly provided for in a qualified domestic relations order as defined in 29 U.S.C. section 1056(d) or in section 401(a)(13) of the Internal Revenue Code. "

Which motion prevailed and SB 188 was so amended.

     The question being "Shall SB 188 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent and Not Voting 0

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

Nays were:
Albers; Reedy; Staggers; Thompson

Excused were:
Johnson (William)

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. Paisley moved that the title to SB 188 be amended as follows:

j-188t

On page 1 , line 1 of the Senate Taxation committee engrossed bill , delete everything after " from " and insert " execution, attachment, garnishment, seizure, or taking by any legal process and to provide certain exceptions. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 165 : FOR AN ACT ENTITLED, An Act to authorize the State Electrical Commission to establish a biennial license fee for a maintenance electrician's license.

Was read the second time.

     The question being "Shall SB 165 pass?"

     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Halverson; Ham; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Munson (David); Paisley; Rounds; Shoener; Valandra; Vitter; Whiting

Nays were:
Drake; Flowers; Hainje; Kleven; Morford-Burg; Reedy; Staggers; Symens; Thompson

Excused were:
Johnson (William); Olson

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 171 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding how long certain unsubstantiated reports of child abuse and neglect may be maintained.

Was read the second time.

The question being "Shall SB 171 pass?"

     And the roll being called:

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

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

Nays were:
Aker; Drake; Staggers

Excused were:
Johnson (William); Paisley; Valandra

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 202 : FOR AN ACT ENTITLED, An Act to regulate certain agricultural contracts.

Was read the second time.

r-202

Sen. Hunhoff moved that SB 202 be amended as follows:

On page 1 , line 15 of the printed bill, after "mediation" insert ", as provided in the contract,".

On page 2 , after line 13 , insert:

" Section 5. No contractor may terminate or cancel a contract that requires a producer to make a capital investment in buildings or equipment that cost one hundred thousand dollars or more and have a useful life of five or more years until:

(1) The producer has been given written notice of the intention to terminate or cancel the contract at least ninety days before the effective date of the termination or cancellation; and

(2) The producer has been reimbursed for damages incurred by an investment in buildings or equipment that was made for the purpose of meeting minimum requirements of the contract.

Section 6. If a producer fails to comply with the provisions of a contract that requires a capital investment in buildings or equipment that cost one hundred thousand dollars or more and have a useful life of five or more years, no contractor may terminate or cancel that contract until:

(1) The contractor has given written notice with all the reasons for the termination or cancellation at least ninety days before termination or cancellation; and

(2) The recipient of the notice fails to correct the reasons stated for termination or cancellation in the notice within sixty days of receipt of the notice.

Section 7. The ninety-day notice period in section 5 of this Act and the ninety-day notice period and sixty-day notice period in section 6 of this Act are waived and the contract may be canceled or terminated immediately if the grounds for termination or cancellation are:

(1) Voluntary abandonment of the contract relationship by the producer; or

(2) Conviction of the producer of an offense directly related to the business conducted under the contract. "

Sen. Thompson moved the previous question.

Which motion prevailed.

     Sen. Rebecca Dunn requested a roll call vote.

    Which request was supported.

     The question being on Sen. Hunhoff's motion that SB 202 be amended.

     And the roll being called:

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

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

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

Excused were:
Johnson (William)

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

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Sen. Aker moved that SB 202 be amended as follows:

On page 1 , line 6 of the printed bill , after " by-products " insert " . The term, agricultural commodity, does not include timber or trees " .

Which motion prevailed and SB 202 was so amended.

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Sen. Kloucek moved that SB 202 be amended as follows:

On page 2 of the printed bill , after line 13 , insert:

" Section 5. The owner of any livestock animals that are bred, farrowed, fed, or raised on a contractual basis on property not owned by the livestock owner is liable for any damage or pollution to the environment or the waters of the state resulting from such activity if the livestock owner is not a family farm as defined in § 47-9A-2, a family farm corporation as defined in § 47-9A-14, or an authorized farm corporation as defined in § 47-9A-15 and if the contract specifies design, construction, or operations standards or requirements that apply to the property or facilities where such activity occurs. This section does not exempt the owner of the property on which any livestock animals are bred, farrowed, fed, or raised from liability for such damage or pollution. "

Sen. Halverson moved that Sen. Kloucek's motion to amend SB 202 be laid on the table.

     Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Halverson's motion that Sen. Kloucek's motion to amend SB 202 be laid on the table.

     And the roll being called:

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

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

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

Excused were:
Johnson (William)

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and Sen. Kloucek's motion to amend SB 202 was laid on the table.

Sen. Drake moved the previous question.

Which motion prevailed.

     The question now being "Shall SB 202 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; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting

Excused were:
Johnson (William)

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 President announced that the title amendment required on SB 267 had been overlooked.

The question being on the title.

Sen. Hunhoff moved that the title to SB 267 be amended as follows:

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On page 1 , line 2 of the printed bill , after " storage " insert " and to appropriate money for at-risk youth programs " .

Which motion prevailed and the title was so amended.

Sen. Rounds moved that HB 1112, 1047, 1102 and 1089 be deferred until Thursday, February 20, the 28th legislative day.

Which motion prevailed and the bills were so deferred.

Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on Thursday, February 20, the 28th legislative day.

Which motion prevailed.

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

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

Sen. Frederick moved that the Senate do now adjourn.

The question being on Sen. Frederick's motion that the Senate do now adjourn.

    And the roll being called:

     Yeas 18, Nays 15, Excused 2, Absent and Not Voting 0

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

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

Excused were:
Johnson (William); Olson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and at 7:00 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary