Joint Journal 02/10/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 10, 1999

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

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

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-first day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

HAROLD HALVERSON, Chair

Which motion prevailed and the report was adopted.

HONORED GUESTS

The President introduced Shawna Gross, Huron, Miss South Dakota USA 1999, and Alexia Bonte, Beresford, Miss South Dakota Teen USA 1999. They were escorted to the rostrum by Sens. Flowers and Albers.

COMMUNICATIONS AND PETITIONS

February 10, 1999

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 31, 43, 44, and 70, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 22, 25, 40, 41, and 76 were delivered to his Excellency, the Governor, for his approval at 11:30 a.m., February 10, 1999.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Randy Frederick, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1071, 1092, 1093, and 1113 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 HB 1091 and returns the same with the recommendation that said bill be amended as follows:

r-1091c

On page 1 , line 15 of the House engrossed bill , delete " Nothing in this chapter prohibits the Department of " .

On page 1 , delete line 16 .

On page 2 , delete lines 1 to 5 , inclusive .

R-1091a

On page 1 , line 9 of the House engrossed bill , after " to " insert " abstractors or " .

R-1091b

On page 1 , line 12 of the House engrossed bill , delete " relative " and insert " client, relatives " .

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

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1094 and returns the same with the recommendation that said bill be amended as follows:

r-1094

On page 2 , line 2 of the printed bill , after " to " insert " abstractors or " .

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

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1015, 1137, and 1158 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1108 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 1070 and returns the same with the recommendation that said bill be amended as follows:

t-1070b

On page 4 , after line 8 of the House Local Government committee engrossed bill , insert:

" Section 10. That § 6-16-2 be amended to read as follows:

6-16-2. The application for organization shall be a petition verified by one or more circulators by affidavit stating that each affiant personally witnessed the signatures on the petition and believe the signatures to be genuine. The petition shall be signed by at least twenty-five percent of the landowners within the proposed district who are also registered voters within the district. If the proposed district is in two or more counties, a petition shall be filed in each county and each petition shall be signed by at least twenty percent of the landowners within the proposed district who are also registered voters within the proposed district in that county. The petition shall be accompanied by a deposit covering the estimated costs as determined by the county auditor of the public notices and the conduct of the election for the formation of the district. If the district to be formed is a road district that contains no registered voters, the petition requirements are based solely on landowners.

Section 11. That § 6-16-6 be amended to read as follows:

6-16-6. A person who is a landowner in the proposed district and is registered to vote in the proposed district may vote in the elections provided for in § 6-16-5. However, the qualifications

of a voter for irrigation district elections are provided in chapter 46A-4. Absentee voting is allowed pursuant to chapter 12-19 for the election on the question of formation of the special district. If the district to be formed is a road district that contains no registered voters, voter eligibility is based solely on landowners. "

And that as so amended said bill do pass.

Respectfully submitted,
Arlene Ham, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 184 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 HB 1023 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 Taxation respectfully reports that it has had under consideration SB 177 and returns the same with the recommendation that said bill be amended as follows:

f-177

On page 1 , line 7 of the printed bill , after " liens " insert " as defined in chapters 32-3 and 32-3A " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 205 and returns the same with the recommendation that said bill be amended as follows:

f-205

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

" Section 1. That § 13-11-10 be amended by adding a NEW SUBDIVISION to read as follows:

The sum of the levies assessed for all funds in the sending district shall be equal to or greater than the sum of all levies for all funds in the receiving district. "

And that as so amended said bill do pass.

Respectfully submitted,
Keith Paisley, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1007 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1039, 1077, 1106, 1144, 1172, 1196, 1199, 1230, 1246, 1266, 1279, and 1288 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Requesting federal legislation that prohibits the federal government from recouping any of the state tobacco settlement funds.

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

Friday, Sen. Symens announced his intention to reconsider the vote by which SB 99 was lost.

Sen. Symens moved to reconsider the vote by which SB 99 was lost.

The question being on Sen. Symens' motion to reconsider the vote by which SB 99 was lost.

And the roll being called:

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

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

Nays were:
Bogue; Frederick; Halverson; Kleven; Rounds; Staggers

Excused were:
Dunn (Jim)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 99 was up for reconsideration and final passage.

SB 99: FOR AN ACT ENTITLED, An Act to provide special assessment authority to ambulance districts and to declare an emergency.

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

j-99

Sen. Symens moved that SB 99 be amended as follows:

On page 3 of the printed bill , delete lines 7 to 9 , inclusive .

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 99 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent and Not Voting 0

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

Nays were:
Bogue; Drake; Dunn (Jim); Hainje; Kleven; Rounds; Staggers

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. Symens moved that the title to SB 99 be amended as follows:

On page 1 , line 2 of the printed bill , delete " and to declare an emergency " .

Which motion prevailed and the title was so amended.

     Sen. Daugaard moved that the Senate do concur in House amendments to SB 94.

     The question being on Sen. Daugaard's motion that the Senate do concur in House amendments to SB 94.

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, 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; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     Nays were:
Dunn (Rebecca)

     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.

HCR 1003: A CONCURRENT RESOLUTION, Recognizing an agriculture crisis day.

Was read the second time.

f-c1003

Sen. Lange moved that HCR 1003 be further amended as follows:

On page 2 , line 9 of the House Agriculture and Natural Resources committee engrossed resolution , delete " plight " and insert " struggle " .

Which motion prevailed and the resolution was so amended.

Sen. Lange moved that the Senate do concur in HCR 1003 as found on page 170 and amended on page 234 of the House Journal.

     The question being on Sen. Lange's motion that HCR 1003 be concurred in 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 (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Dunn (Jim)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 235 as found on page 391 of the Senate Journal; also

     State Affairs on SB 236 as found on page 392 of the Senate Journal; also

     Transportation on HB 1053 as found on page 398 of the Senate Journal; also

     Education on HB 1084 as found on page 397 of the Senate Journal; also

     State Affairs on HB 1012 as found on page 392 of the Senate Journal; also

     State Affairs on HB 1013 as found on page 396 of the Senate Journal; also

     Health and Human Services on SB 74 as found on page 391 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

There being no objection, the Senate proceeded to Order of Business No. 13.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1039: FOR AN ACT ENTITLED, An Act to repeal the licensing of resident and nonresident professional dog trainers and to restrict the training of dogs on wild game birds.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1077: FOR AN ACT ENTITLED, An Act to clarify voting eligibility and procedures for certain municipal incorporation elections.

Was read the first time and referred to the Committee on Local Government.

HB 1106: FOR AN ACT ENTITLED, An Act to repeal certain tax benefits available to railroads.

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

HB 1144: FOR AN ACT ENTITLED, An Act to increase the annual front footage assessment for certain township road maintenance and repairs.

Was read the first time and referred to the Committee on Local Government.

HB 1172: FOR AN ACT ENTITLED, An Act to authorize boards of county commissioners to hold certain meetings at locations outside of the county seat.

Was read the first time and referred to the Committee on Local Government.

HB 1196: FOR AN ACT ENTITLED, An Act to allow the investment council to invest certain public funds and to restrict the investment of certain public funds.

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

HB 1199: FOR AN ACT ENTITLED, An Act to restrict the distribution of alcoholic beverages to persons under eighteen years of age by parents, guardians, or spouses over twenty- one years of age.

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

HB 1230: FOR AN ACT ENTITLED, An Act to provide for the recovery of damages for checks, drafts, or orders not paid upon presentment.

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

HB 1246: FOR AN ACT ENTITLED, An Act to provide a per diem allowance for county and municipal housing and redevelopment commissioners.

Was read the first time and referred to the Committee on Local Government.

HB 1266: FOR AN ACT ENTITLED, An Act to revise the requirements for certifying eligibility for owner-occupied classification.

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

HB 1279: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding mechanics' liens.

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

HB 1288: FOR AN ACT ENTITLED, An Act to revise certain time frames for election procedures that follow an election.

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

There being no objection, the Senate reverted to Order of Business No. 9.

CONSIDERATION OF REPORTS OF COMMITTEES

     Sen. Dennert moved that the word "not" be stricken from the report of the Committee on Health and Human Services on SB 74 as found on page 391 of the Senate Journal.

     The question being on Sen. Dennert's motion that the word "not" be stricken from the report of the Committee on Health and Human Services on SB 74 as found on page 391 of the Senate Journal.

     And the roll being called:

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

Yeas were:
Albers; Benson; Dennert; Drake; Duxbury; Flowers; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Rounds; Staggers; Symens; Valandra

Nays were:
Bogue; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Madden; Munson (David); Paisley; Shoener; Vitter; Whiting

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

Sen. Dennert moved that SB 74 be placed on the calendar of Thursday, February 11, the 23rd legislative day.

Which motion prevailed and the bill was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 176: FOR AN ACT ENTITLED, An Act to restrict the possession of firearms on certain off-road vehicles.

Was read the second time.

     The question being "Shall SB 176 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; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Frederick

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the confidentiality of bank examinations.

Was read the second time.

     The question being "Shall HB 1045 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; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Frederick

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1089: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of insurance agents.

Was read the second time.

     The question being "Shall HB 1089 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; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Frederick

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 188: FOR AN ACT ENTITLED, An Act to limit the application of capital punishment.

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

The question being on Sen. Whiting's pending motion to amend SB 188 as found on page 378 of the Senate Journal.

j-188

Sen. Whiting moved as a substitute motion that SB 188 be further amended as follows:

On page 1 , line 3 of the Senate Judiciary committee engrossed bill , delete " 23A-7A " and insert " 23A-27A " .

On page 1 , line 9 , delete " within the meaning of § 27B-1-1 " .

On page 1 , line 10 , delete " when " .

On page 1 , after line 10 , insert:

" For the purposes of this section, the term, mentally retarded, includes any person with significant subaverage general intellectual functioning and deficits in adaptive behavior. "

Which motion prevailed and SB 188 was so amended.

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

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, Absent and Not Voting 0

     Yeas were:
Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Whiting

Nays were:
Albers; Benson; Bogue; Drake; Dunn (Jim); Frederick; Ham; Madden; Olson; Vitter

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 194: FOR AN ACT ENTITLED, An Act to provide certain restrictions for dealership contracts for agricultural construction equipment.

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

The question being on Sen. Flowers' pending motion to amend SB 194 as found on page 382 of the Senate Journal.

Sen. Flowers moved that SB 194 and the pending motion to amend be deferred until Friday, February 12, the 24th legislative day.

Which motion prevailed and the bill was so deferred.

SB 156: FOR AN ACT ENTITLED, An Act to restrict the placement of automated teller machines in the proximity of video lottery terminals.

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

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

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Frederick

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

Sen. Hutmacher announced his intention to reconsider the vote by which SB 156 was passed.

SB 75: FOR AN ACT ENTITLED, An Act to establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

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

Sen. Lange moved the previous question.

Which motion prevailed.

     The question being "Shall SB 75 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0

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

Nays were:
Dennert; Flowers; Kleven; Kloucek; Moore; Staggers

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 172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclosure of damage on motor vehicles.

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

t-172c

Sen. Flowers moved that SB 172 be further amended as follows:

On page 3 , after line 7 of the Senate Transportation committee engrossed bill , insert:

" Section 5.That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:

Any vehicle that is required to be titled pursuant to this chapter and is sold or offered for sale by a vehicle dealer or a used vehicle dealer as defined in § 32-6B-1 shall display a sticker, decal, or notice that discloses any damage to the vehicle. The information on the sticker or decal shall include the information required pursuant to § § 32-3-51.7, 32-3-51.8, 32-3-51.14, and 32-

3-51.15, as determined by the department in rules promulgated pursuant to chapter 1-26. The rules shall also prescribe the format and construction of the sticker, decal, or notice. "

Which motion prevailed and SB 172 was so amended.

t-172a

Sen. Dennert moved that SB 172 be further amended as follows:

On page 1 , line 10 of the Senate Transportation committee engrossed bill , delete " five " .

On page 1 , line 10 , overstrike " thousand " and insert " three thousand five hundred " .

On page 2 , line 13 , delete " five " .

On page 2 , line 13 , overstrike " thousand " and insert " three thousand five hundred " .

On page 2 , line 20 , delete " five " .

On page 2 , line 20 , overstrike " thousand " and insert " three thousand five hundred " .

Which motion lost.

     The question being "Shall SB 172 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent and Not Voting 0

     Yeas were:
Brown (Arnold); Drake; Duxbury; Flowers; Halverson; Hutmacher; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Albers; Benson; Bogue; Brosz; Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Ham; Kleven; Kloucek; Madden; 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 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.

t-102

Sen. Brosz moved that SB 102 be further amended as follows:

On page 4 of the Senate Judiciary committee engrossed bill , after line 10 , insert:

" Section 12. No assisted living center and no person affiliated with any assisted living center that has complied with the provisions of this Act related to criminal history checks may be held civilly or criminally liable for any damage or harm that results from or may have resulted from a criminal history check obtained pursuant to this Act that was incomplete, erroneous, or otherwise defective. No assisted living center and no person affiliated with any assisted living center that has complied with the provisions of this Act related to criminal history checks may be held civilly or criminally liable for any damage or harm that results from or may have resulted from any decision to hire, to not hire, to terminate, to suspend, or to take any other personnel action based on the results of a criminal history check obtained pursuant to this Act. "

Which motion prevailed and the bill was so amended.

t-102b

Sen. Everist moved that SB 102 be further amended as follows:

On page 1 of the Senate Judiciary committee engrossed bill , after line 16 , insert " The criminal history check is limited to information related to the conviction of the nonlicensed person for any sex offense pursuant to chapter 22-22. " .

On page 2 , delete lines 12 to 24 , inclusive .

On page 3 , line 2 , delete " section 6 of this Act " and insert " chapter 22-22 " .

On page 3 , line 4 , delete " and 7 " .

Which motion prevailed and the bill was so amended.

     The question being "Shall SB 102 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Brosz; Dennert; Dunn (Rebecca); Flowers; Frederick; Lange; Moore; Munson (David); Paisley; Symens

Nays were:
Benson; Bogue; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Duxbury; Everist; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lawler; Madden; Olson; Reedy; Rounds; Shoener; Staggers; 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 131: FOR AN ACT ENTITLED, An Act to revise the rate of reimbursement to the county for certain parole violator detention expenses.

Was read the second time.

     The question being "Shall SB 131 pass as amended?"

     And the roll being called:

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

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

Nays were:
Frederick

Excused were:
Daugaard; Paisley

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 149: FOR AN ACT ENTITLED, An Act to require the establishment of a cost recovery method or mechanism for telecommunication companies to recover the cost of certain mandated services.

Was read the second time.

o-149a

Sen. Halverson moved that SB 149 be further amended as follows:

On page 1 , line 7 of the Senate State Affairs committee engrossed bill , delete " , order, or rule " and insert " or order " .

On page 1 , line 10 , delete " five " and insert " ten " .

Which motion prevailed and the bill was so amended.

Sen. Lange moved the previous question.

Which motion prevailed.

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

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent and Not Voting 0

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

Nays were:
Dunn (Rebecca); Flowers; Hutmacher; Kloucek; Lange; Olson

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 186: FOR AN ACT ENTITLED, An Act to limit the liability of certain persons for year 2000 litigation.

Was read the second time.

Sen. Rounds moved that SB 186 be placed to follow SB 198 on today's calendar.

Which motion prevailed.

SB 198: FOR AN ACT ENTITLED, An Act to limit the practice of psychotherapy to certain persons.

Was read the second time.

Sen. Shoener moved that SB 198 be deferred until Thursday, February 11, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

SB 186: FOR AN ACT ENTITLED, An Act to limit the liability of certain persons for year 2000 litigation.

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

o-186b

Sen. Everist moved that SB 186 be further amended as follows:

On page 2 , line 4 of the Senate State Affairs committee engrossed bill , after " consultation, " insert " assessment, " .

On page 2 , line 6 , after " suffer " delete " any " and insert " a material " .

Which motion prevailed and SB 186 was so amended.

     The question being "Shall SB 186 pass as amended?"

     And the roll being called:

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

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

Nays were:
Dunn (Rebecca); Hainje; Moore

Excused were:
Frederick; Lange

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 199: FOR AN ACT ENTITLED, An Act to create a classification for owner-operated commercial business property and to establish a maximum property tax levy for owner-operated commercial business property.

Was read the second time.

     The question being "Shall SB 199 pass?"

     And the roll being called:

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

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Symens; Valandra; Vitter

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

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

SB 200: FOR AN ACT ENTITLED, An Act to increase the penalty for possessing certain drugs near schools and certain other youth-oriented facilities and to repeal certain minimum sentencing provisions relating thereto.

Was read the second time.

     The question being "Shall SB 200 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent and Not Voting 0

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

Nays were:
Flowers; Valandra

Excused were:
Frederick; Paisley

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 204: FOR AN ACT ENTITLED, An Act to provide that violations of general permits for water pollution control are subject to certain penalties.

Was read the second time.

     The question being "Shall SB 204 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; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Frederick; Paisley

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 228: FOR AN ACT ENTITLED, An Act to increase the penalty for certain assaults in jails.

Was read the second time.

     The question being "Shall SB 228 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, 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; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Hainje; Staggers

Excused were:
Frederick; Paisley

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 237: FOR AN ACT ENTITLED, An Act to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and to the Department of Education for child development and certain technology enhancement programs and to make an appropriation therefor.

Was read the second time.

Sen. Rounds moved that SB 237 be deferred until Thursday, February 11, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

SB 239: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding telecommunications services.

Was read the second time.

     The question being "Shall SB 239 pass?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent and Not Voting 0

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

Nays were:
Albers; Bogue; Kleven; Olson

Excused were:
Frederick; Paisley

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 94 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that SB 66 was lost on second reading and final passage.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1058.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has approved SB 21 as recommended by the Governor pursuant to Article IV, Section 4, of the Constitution of the state of South Dakota, for changes as to style and form.

Respectfully,
KAREN GERDES, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1009: FOR AN ACT ENTITLED, An Act to require a managed care plan to have a medical director or director.

Was read the second time.

     The question being "Shall HB 1009 pass as amended?"

     And the roll being called:

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

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

Nays were:
Bogue; Drake; Staggers

Excused were:
Paisley

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the fuel excise tax.

Was read the second time.

     The question being "Shall HB 1051 pass?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent and Not Voting 0

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

Nays were:
Albers; Bogue; Kleven; Staggers

Excused were:
Paisley; Valandra

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.

SIGNING OF BILLS

     The President publicly read the title to

     SB 94: FOR AN ACT ENTITLED, An Act to allow certain law enforcement officers or the Department of Social Services to take photographs, videotapes, or electronic images of a child if abuse or neglect is suspected.

     HB 1040: FOR AN ACT ENTITLED, An Act to repeal certain restrictions regarding the hunting of black bears, mountain lions, and wolves and to establish civil damages for the unlawful taking of mountain lions.

     HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding accident record fees.

     And signed the same in the presence of the Senate.

Sen. Staggers moved that the Senate do now adjourn, which motion prevailed, and at 6:00 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary