Joint Journal 02/09/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 9, 1999

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

     The prayer was offered by the Chaplain, Pastor Dave Zellmer, followed by the Pledge of Allegiance led by Senate page Nicole Strand.

     Roll Call: All members present except Sen. Valandra 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 twentieth day and finds that the following correction shall be made:

    On page 382, delete lines 5 to 9, inclusive.

     All other 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 HALVERSON, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

February 9, 1999

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 33, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 21 as found on page 360 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall the recommendation of the Governor as to change of style and form of SB 21 be approved?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Valandra

So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 22, 25, 40, and 41 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 74, which was removed from the table, and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 237 and 239 and HB 1009 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 235 and returns the same with the recommendation that said bill be amended as follows:

o-235

On page 1 , line 4 of the printed bill , delete " managed care entity " and insert " health carrier who offers a managed care plan " .

On page 1 , line 6 , delete " managed care plan " and insert " health carrier " .

On page 1 , line 10 , delete " managed care entity " and insert " health carrier " .

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 SB 236 and returns the same with the recommendation that said bill be amended as follows:

o-236

On page 1 , line 11 of the printed bill , delete " health benefit " .

On page 1 , line 13 , delete " health benefit " .

On page 13 , after line 3 , insert:

" Section 22. Nothing in this Act applies to health carriers that only offer individual policies if:

(1) The policy does not use an individual or group to determine where or when services will be rendered, the course of treatment, or who will provide the services;

(2) The policy does not require pre-authorization for services provided under the policy; and

(3) The difference in policy benefits does not exceed ten percent whether an insured used a participating provider or nonparticipating provider.

Section 23. The Division of Insurance shall separately monitor complaints regarding managed care for any policy that is exempt pursuant to section 22 of this Act. "

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 HB 1012 and returns the same with the recommendation that said bill be amended as follows:

j-1012g

On page 1 , line 4 of the House Health and Human Services committee engrossed bill , delete " managed care plan " and insert " health carrier " .

On page 1 , line 7 , delete " managed care plan's " and insert " health carrier's " .

On page 1 , line 14 , delete " managed care plan " and insert " health carrier " .

On page 2 , line 3 , delete " managed care plan's " and insert " health carrier's " .

On page 3 , line 1 , delete " managed care plan " and insert " health carrier " .

On page 3 , between lines 7 and 8 , insert:

" (15A) "Health carrier," an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the director, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services; "

On page 3 , line 24 , delete " managed care " and insert " health carrier; " .

On page 3 , delete line 25 .

On page 4 , line 1 , delete " managed care plan " and insert " health carrier " .

On page 4 , line 4 , delete " managed care plan " and insert " health carrier " .

On page 4 , line 21 , delete " managed care plan " and insert " health carrier " .

On page 4 , line 22 , delete " managed care " and insert " health carrier " .

On page 4 , line 23 , delete " plan " .

On page 4 , line 23 , delete " plan's " and insert " carrier's " .

On page 4 , line 25 , delete " managed care plan " and insert " health carrier " .

On page 5 , line 1 , delete " managed care plan " and insert " health carrier " .

On page 5 , line 2 , delete " managed care plan " and insert " health carrier " .

On page 5 , line 3 , delete " managed care plan's " and insert " health carrier's " .

On page 5 , line 5 , delete " managed care plan " and insert " health carrier " .

On page 5 , line 7 , delete " managed care plan " and insert " health carrier " .

On page 5 , line 8 , delete " managed care plan " and insert " health carrier " .

On page 5 , line 10 , delete " managed care plan " and insert " health carrier " .

On page 5 , line 23 , delete " managed care plan's " and insert " health carrier's " .

On page 5 , line 25 , delete " managed care plan shall file " and insert " health carrier shall prepare " .

On page 6 , line 1 , after " activities " insert " and file the report, if requested, " .

On page 6 , line 4 , delete " managed care plan " and insert " health carrier " .

On page 6 , line 5 , delete " managed care plan " and insert " health carrier " .

On page 6 , line 11 , delete " managed care plan " and insert " health carrier " .

On page 6 , line 12 , delete " managed care plan " and insert " health carrier " .

On page 6 , line 14 , delete " managed care plan " and insert " health carrier " .

On page 6 , line 16 , delete " managed care plan " and insert " health carrier " .

On page 6 , line 18 , delete " managed care plan's " and insert " health carrier's " .

On page 6 , line 19 , delete " managed care plan " and insert " health carrier " .

On page 6 , line 21 , delete " managed care plan " and insert " health carrier " .

On page 6 , line 22 , delete " managed care plan " and insert " health carrier " .

On page 7 , line 2 , delete " managed care plan " and insert " health carrier " .

On page 7 , line 3 , delete " managed care plan " and insert " health carrier " .

On page 7 , line 5 , delete " managed care plan " and insert " health carrier " .

On page 7 , line 6 , delete " plan " and insert " carrier " .

On page 7 , line 9 , delete " managed care plan " and insert " health carrier " .

On page 7 , line 11 , delete " managed care plan " and insert " health carrier " .

On page 7 , line 14 , delete " managed " and insert " health carrier " .

On page 7 , line 15 , delete " care plan " .

On page 7 , line 18 , delete " managed care plan " and insert " health carrier " .

On page 7 , line 21 , delete " managed care plan " and insert " health carrier " .

On page 7 , line 25 , delete " managed care plan " and insert " health carrier " .

On page 8 , line 4 , delete " managed care plan " and insert " health carrier " .

On page 8 , line 9 , delete " managed care plan " and insert " health carrier " .

On page 8 , line 12 , delete " managed care plan " and insert " health carrier " .

On page 8 , line 13 , delete " managed care plan " and insert " health carrier " .

On page 8 , line 18 , delete " managed care plan " and insert " health carrier " .

On page 8 , line 20 , delete " managed care plan " and insert " health carrier " .

On page 8 , line 24 , delete " managed care plan " and insert " health carrier " .

On page 9 , line 1 , delete " managed care plan " and insert " health carrier " .

On page 9 , line 3 , delete " managed care plan " and insert " health carrier " .

On page 9 , line 10 , delete " managed care plan " and insert " health carrier " .

On page 9 , line 13 , delete " managed care plan " and insert " health carrier " .

On page 9 , line 15 , delete " managed care plan " and insert " health carrier " .

On page 11 , line 2 , delete " managed care plan " and insert " health carrier " .

On page 11 , line 5 , delete " managed care plan " and insert " health carrier " .

On page 11 , line 6 , delete " managed care plan " and insert " health carrier " .

On page 11 , line 13 , delete " managed care plan " and insert " health carrier " .

J-1012h

On page 2 of the House Health and Human Services committee engrossed bill , delete lines 5 to 10 , inclusive .

On page 4 , line 15 , delete " a set of formal techniques designed to monitor the use of, or " and insert " an activity as defined in subdivisions 58-17-91(4) and 58-18-64(4); and " .

On page 4 , delete lines 16 to 19 , inclusive .

On page 6 , line 9 , delete everything after " . " and insert " Any adverse determination shall be evaluated by an appropriately licensed and clinically qualified health care provider. "

On page 6 , delete line 10 .

On page 9 , line 6 , delete " A " and insert " Any " .

On page 9 , line 7 , after " appeal " insert " , grievance, " .

On page 9 , line 9 , delete " , including the clinical review criteria " .

On page 9 , line 10 , after " determination " delete " , " .

On page 9 , line 11 , delete " including the clinical review criteria used to make that determination, " .

On page 9 , line 12 , after " request. " insert " The clinical rationale shall contain sufficient specificity to allow the covered person to understand the basis of the adverse determination. "

On page 9 , delete lines 17 to 25 , inclusive .

On page 10 , delete lines 1 to 25 , inclusive .

On page 11 , after line 14 , insert:

" Section 32. The director may, after consultation with the secretary of the Department of Health, promulgate rules pursuant to chapter 1-26 to carry out the provisions of the Act. The rules shall be designed to afford the public timely administration of utilization review and to assure that utilization review decisions are made in a fair and clinically acceptable manner. The rules may include the following:

(1) Definition of terms;

(2) Timing, form, and content of reports;

(3) Application of clinical criteria as it relates to utilization review;

(4) Written determinations; and

(5) Utilization review procedures. "

j-1012t

On page 1 , line 1 of the House Health and Human Services committee engrossed bill , delete everything after " to " and insert " establish criteria for the use of utilization review by health carriers, utilization review organizations, and other contracted entities. "

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 HB 1013 and returns the same with the recommendation that said bill be amended as follows:

j-1013f

On page 1 , line 6 of the House Health and Human Services committee engrossed bill , delete " managed care " .

On page 1 , between lines 13 and 14 , insert:

" (3A) "Health carrier," an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the director, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services; " .

On page 2 , line 14 , delete " managed care plan " and insert " health carrier " .

On page 2 , line 21 , delete " managed care plan " and insert " health carrier " .

On page 2 , line 25 , delete the second "plan" and insert " health carrier " .

On page 3 , line 6 , delete " managed care plan " and insert " health carrier " .

On page 3 , line 9 , delete " managed care " and insert " health carrier " .

On page 3 , line 10 , before " authorizes " delete " plan " .

On page 3 , line 10 , after "the" delete " plan " and insert " health carrier " .

On page 4 , line 3 , delete " managed care plan " and insert " health carrier " .

J-1013t

On page 1 , line 2 of the House Health and Human Services committee engrossed bill , delete " in managed care plans " .

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 SB 170 and 201 which were deferred to the 41st legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill be amended as follows:

c-1084a

On page 2 , line 3 of the House Education committee engrossed bill , after " days " insert " each " .

T-1084

On page 2 , after line 5 of the House Education committee engrossed bill , insert:

" Section 2. 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. "

t-1084t

On page 1 , line 2 of the House Education committee engrossed bill , after " plans " insert " and to declare an emergency " .

And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1051 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1053 and returns the same with the recommendation that said bill be amended as follows:

o-1053a

On page 2 , line 2 of the House engrossed bill , delete " barely " and insert " barley " .

And that as so amended said bill do pass.

Respectfully submitted,
David Munson, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 199 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1045 and 1089 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 SB 231 which was tabled.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 227 which was deferred to the 41st legislative day.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 204 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 HCR 1003 and returns the same with the recommendation that said resolution be adopted.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 143 which was tabled.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1111 which was deferred to the 41st legislative day.

Respectfully submitted,
Jim Dunn, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1128, 1142, and 1258 and HJR 1005 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 94 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 22, 25, 40, and 41 which have passed the House without change.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Daugaard moved that the Senate do concur in House amendments to SB 76.

     The question being on Sen. Daugaard's motion that the Senate do concur in House amendments to SB 76.

     And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Yesterday, Sen. Hainje announced his intention to reconsider the vote by which SB 156 was lost.

     Sen. Hainje moved to reconsider the vote by which SB 156 was lost.

     The question being on Sen. Hainje's motion to reconsider the vote by which SB 156 was lost.

     And the roll being called:

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

     Yeas were:
Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Rebecca); Duxbury; Everist; Frederick; Hainje; Ham; Kloucek; Lawler; Munson (David); Paisley; Symens; Whiting

Nays were:
Albers; Dennert; Dunn (Jim); Flowers; Hutmacher; Kleven; Lange; Madden; Moore; Olson; Reedy; Rounds; Shoener; Staggers; Vitter

Excused were:
Halverson; Valandra

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 156 was up for reconsideration and final passage.

Sen. Hainje moved to place SB 156 on the calendar of Wednesday, February 10, the 22nd legislative day.

Which motion prevailed and the bill was so placed.

Yesterday, Sen. Kleven announced her intention to reconsider the vote by which HB 1088 was lost.

No member moved to reconsider the vote by which HB 1088 was lost.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 131 as found on page 364 of the Senate Journal; also

     Judiciary on SB 228 as found on page 365 of the Senate Journal; also

     State Affairs on SB 149 as found on page 362 of the Senate Journal; also

     State Affairs on SB 186 as found on page 362 of the Senate Journal; also

     Health and Human Services on SB 198 as found on page 367 of the Senate Journal; also

     Judiciary on SB 200 as found on page 366 of the Senate Journal; also

     Judiciary on SB 176 as found on page 367 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1090: FOR AN ACT ENTITLED, An Act to revise administrative procedures regarding the filing of a notice of appeal, an application for a stay pending appeal, and the time for serving briefs.

Was read the second time.

     The question being "Shall HB 1090 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Benson; 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.

HB 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to small claims proceedings.

Was read the second time.

     The question being "Shall HB 1181 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Benson; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 161: FOR AN ACT ENTITLED, An Act to classify certain manufactured homes as real property for property tax purposes, to establish a procedure for bringing taxes current and issuing certain permits, and to establish certain penalties.

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

Sen. Hainje moved that SB 161 be deferred until Thursday, February 11, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

SB 102: FOR AN ACT ENTITLED, An Act to require a criminal history check for certain employees or potential employees of assisted living centers.

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

Sen. Brosz moved that SB 102 be deferred until Wednesday, February 10, the 22nd legislative day.

Which motion prevailed and the bill was so deferred.

SB 84: FOR AN ACT ENTITLED, An Act to adjust the value of certain motor vehicles that are exempt from motor vehicle excise tax.

Was read the second time.

     The question being "Shall SB 84 pass as amended?"

     And the roll being called:

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

     Yeas were:
Dennert; Dunn (Rebecca); Flowers; Hutmacher; Kloucek; Lange; Lawler; Olson; Reedy; Staggers

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Moore; Munson (David); Paisley; Rounds; Shoener; Symens; Vitter; Whiting

Excused were:
Valandra

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

SB 130: FOR AN ACT ENTITLED, An Act to revise and expand certain provisions relating to third offense assault.

Was read the second time.

The question being "Shall SB 130 pass?"

And the roll being called:

Excused were:
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 145: FOR AN ACT ENTITLED, An Act to authorize the donation of annual leave by state employees in certain circumstances.

Was read the second time.

o-145a

Sen. Rounds moved that SB 145 be further amended as follows:

On page 2 , line 5 of the Senate State Affairs committee engrossed bill , delete everything before " procedures " .

On page 2 , line 6 , after " donation. " insert " Any donation shall be in compliance with the provisions of § § 3-6-6 and 3-6-6.1. "

Which motion prevailed and SB 145 was so amended.

     The question being "Shall SB 145 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0

     Yeas were:
Bogue; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Vitter; Whiting

Nays were:
Albers; Benson; Brosz; Drake; Dunn (Jim); Frederick; Shoener

Excused were:
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 151: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prices for residential and business local exchange service that may be charged by certain telecommunications companies.

Was read the second time.

o-151c

Sen. Everist moved that SB 151 be further amended as follows:

On page 2 , line 5 of the Senate State Affairs committee engrossed bill , delete " after July 31, 1998, " .

Which motion prevailed and SB 151 was so amended.

     The question being "Shall SB 151 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Kloucek; Olson

Excused were:
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 197: FOR AN ACT ENTITLED, An Act to establish the crime of second degree vehicular battery and to provide penalties therefor.

Was read the second time.

Sen. Olson moved the previous question.

Which motion prevailed.

     The question being "Shall SB 197 pass?"

     And the roll being called:

     Yeas 9, Nays 25, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Daugaard; Dunn (Rebecca); Ham; Munson (David); Reedy; Shoener; Vitter; Whiting

Nays were:
Benson; Bogue; Brosz; Brown (Arnold); Dennert; Drake; Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Olson; Paisley; Rounds; Staggers; Symens

Excused were:
Valandra

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

SB 209: FOR AN ACT ENTITLED, An Act to provide certain incentives for school consolidation.

Was read the second time.

     The question being "Shall SB 209 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
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 214: FOR AN ACT ENTITLED, An Act to provide for the liability of certain prisoners confined to jail for the costs of confinement and to provide a lien therefor.

Was read the second time.

     The question being "Shall SB 214 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Rounds; Shoener; Staggers; Vitter; Whiting

Nays were:
Dunn (Rebecca); Moore; Olson; Paisley; Reedy; Symens

Excused were:
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 225: FOR AN ACT ENTITLED, An Act to prohibit any person under the age of twenty-one from operating a motor vehicle if there is any alcohol present in the person's blood.

Was read the second time.

     The question being "Shall SB 225 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dunn (Rebecca); Hainje; Halverson; Ham; Kleven; Lawler; Munson (David); Reedy; Shoener; Vitter; Whiting

Nays were:
Benson; Dennert; Drake; Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hutmacher; Kloucek; Lange; Madden; Moore; Olson; Paisley; Rounds; Staggers; Symens

Excused were:
Valandra

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 76 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1128: FOR AN ACT ENTITLED, An Act to authorize the Banking Commission to establish rules regulating bank borrowings.

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

HB 1142: FOR AN ACT ENTITLED, An Act to permit an increased proportion of a bank's stock and surplus to be invested in the value of the premises.

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

HB 1258: FOR AN ACT ENTITLED, An Act to exempt motor vehicle rental companies from certain insurance regulations.

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

HJR 1005: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VIII of the Constitution of the State of South Dakota, relating to the classification of property for purposes of taxation.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1025: FOR AN ACT ENTITLED, An Act to revise confidentiality provisions regarding Department of Social Services record information concerning abuse or neglect resulting in the fatality or near fatality of a child.

Was read the second time.

     The question being "Shall HB 1025 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting

Nays were:
Kloucek; Madden; Staggers

Excused were:
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.

HB 1026: FOR AN ACT ENTITLED, An Act to require a permanency hearing to be held if the court has determined that reasonable efforts are not appropriate, to require that the court determine a compelling reason exists when long-term foster care is proposed as a permanent plan, and to clarify what circumstances constitute long-term foster care for children adjudicated as abused or neglected.

Was read the second time.

The question being "Shall HB 1026 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Hutmacher; 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.

HB 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to tampering with public water systems and to provide a penalty therefor.

Was read the second time.

     The question being "Shall HB 1112 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
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.

HB 1126: FOR AN ACT ENTITLED, An Act to standardize publication and hearing requirements for municipal and county planning and zoning procedures.

Was read the second time.

The question being "Shall HB 1126 pass?"

And the roll being called:

Excused were:
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.

SIGNING OF BILLS

     The President publicly read the title to

     SB 22: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to vital records.

     SB 25: FOR AN ACT ENTITLED, An Act to authorize the sale, exchange, or demolition of a farmhouse, garage, and corncrib/granary located on the Southeast Agricultural Experiment Station, to replace the dwelling, and to make an appropriation therefor.

     SB 40: FOR AN ACT ENTITLED, An Act to establish certain prohibitions on use of temporary thirty-day snowmobile and boat license permits and to provide for a penalty thereof.

     SB 41: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions requiring court appearances for violations of game, fish and parks statutes.

     SB 76: FOR AN ACT ENTITLED, An Act to constitute corporate acknowledgment as prima facie evidence of authority to execute certain documents.

     HB 1037: FOR AN ACT ENTITLED, An Act to revise certain motor carrier regulations and to increase motor carrier eligibility for single trip permits.

     And signed the same in the presence of the Senate.

Sen. Hainje moved that the Senate do now adjourn, which motion prevailed, and at 4:16 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary