Senate Journal 02/02/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 2, 2000

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by Senate page JaLynn MacArthur.

     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 sixteenth 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.

COMMUNICATIONS AND PETITIONS

February 1, 2000

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 22 and 32, 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 State Affairs respectfully reports that it has had under consideration SB 191 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 193 and returns the same with the recommendation that said bill be amended as follows:

193oa

On page 3 , line 13 of the printed bill , after " Article 2, " delete " and " .

On page 3 , line 14 , after " Article 2A " insert " , and Article 9 " .

On page 8 , line 7, delete "Section 31."

On page 9 , line 14 , delete " 35 " and insert " 34 " .

On page 9 , line 16 , delete " 37 " and insert " 36 " .

On page 9 , line 25 , delete " 35 " and insert " 34 " .

On page 10 , line 3 , delete " 35 " and insert " 34 " .

On page 10 , line 5 , delete " 34 " and insert " 33 " .

On page 10 , line 6 , delete " 35 " and insert " 34 " .

On page 10 , line 19 , delete " 42 " and insert " 41 " .

On page 12 , line 4 , delete " of this state " .

On page 12 , delete lines 7 to 11 , inclusive .

On page 12 , line 13 , delete " section 48 of " .

On page 12 , line 13 , delete " the secretary of state after consultation with " .

On page 12 , line 15 , after " specify " insert " for state agencies " .

On page 13 , between lines 2 and 3 , insert:

" Section 48. With respect to records under its control, and except as otherwise provided in section 30 of this Act, the Board of Regents shall determine whether, and the extent to which, the board and the institutions under the board's control shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. In administering such records, the board may exercise those powers specified in sections 47 and 50 of this Act. However, any public records as defined in § 13-49-31 that the board elects to maintain in electronic form shall be accessible to the public in conformity with the rules the commissioner of the Bureau of Information and Telecommunications promulgates pursuant to sections 47 and 50 of this Act. "

On page 13 , line 4 , delete " of this state " .

On page 13 , line 6 , delete " secretary of state " and insert " commissioner of the Bureau of Information and Telecommunications " .

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

197ob

On page 2 , line 6 of the printed bill , delete " 1998 " and insert " 1988 " .

On page 2 , line 19 , delete " land " and insert " affected property " .

197oc

On page 3 , line 2 of the printed bill , delete " conducting " .

On page 3 , line 3 , delete " or providing technical oversight of " and insert " the " .

On page 3 , line 3 , delete " pulling " and insert " removal' " .

On page 3 , line 5 , delete " , and purchase or " .

On page 3 , delete line 6 , and insert " to carry out the provisions of " .

On page 3 , line 7 , delete " meet the criteria of the abandoned tank removal program provided for in " .

On page 3 , line 8 , after " director " insert " of the petroleum release compensation fund " .

197od

On page 2 , line 24 of the printed bill , after " recordation " insert " and the priority of the lien is established as of the date it is recorded in the office of the register of deeds of the county in which the site is located " .

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 SJR 5 and tables the same.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 205 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 29 and returns the same with the recommendation that said bill be amended as follows:

29ta

On page 2 , delete lines 9 to 11 of the printed bill , inclusive .

29tta

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

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 150 and returns the same with the recommendation that said bill be amended as follows:

150ta

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

" Section 1. That § 41-6-10 be amended to read as follows:

41-6-10. Licenses, permits, and stamps issued under this title are classified as follows:

(1) Disabled hunter permit;

(2) Export bait dealer license;

(2A) Fall three-day temporary nonresident waterfowl license;

(3) Fur dealer's license;

(4) Hoop net, trap or setline license;

(5) License for breeding and domesticating animals and birds;

(6) License to take fur-bearing animals;

(7) Nonresident big game license;

(8) Nonresident fishing license;

(9) Nonresident predator/varmint license;

(10) Repealed by SL 1999, ch 213, § 3.

(11) Nonresident retail bait dealer license;

(12) Nonresident shooting preserve license;

(13) Nonresident small game license;

(14) Nonresident and resident migratory bird certification permit;

(15) Nonresident wholesale bait dealer license;

(16) Nonresident wild turkey license;

(17) Nursing facility group fishing license;

(18) Park user's license;

(19) Permit for transportation of big game animal;

(20) Private fish hatchery license;

(21) Resident big game license;

(22) Resident elk license;

(23) Resident fishing license and resident senior fishing license;

(24) Repealed by SL 1999, ch 213, § 3.

(25) Resident retail bait dealer license;

(26) Resident small game license and resident youth small game license;

(27) Resident predator/varmint license;

(28) Resident wholesale bait dealer license;

(29) Resident wild turkey license;

(30) Scientific collector's license;

(31) Special nonresident waterfowl license;

(32) Repealed by SL 1999, ch 213, § 3.

(33) Taxidermist's license;

(33A) Spring ~~five-day~~ snow goose temporary nonresident ~~waterfowl~~ license;

(33B) Early fall Canada goose temporary nonresident license;

(34) Temporary fishing and hunting licenses.

The rights and privileges of such licensees are set forth in § § 41-6-12 to 41-6-45.1, inclusive, and in § 41-17-13. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to set the fees, eligibility, and duration for such licenses.

Section 2. That § 41-6-18.1 be amended to read as follows:

41-6-18.1. It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without a special nonresident waterfowl license, a fall three-day temporary nonresident waterfowl license, early fall Canada goose temporary nonresident license, or a spring ~~five-day~~ snow goose temporary nonresident ~~waterfowl,~~ license, a migratory bird certification permit, and a federal migratory bird stamp, or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks Commission.

A special nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee to hunt migratory waterfowl for ten consecutive days. Four dollars received from the sale of each special nonresident waterfowl license shall be placed in the land acquisition and development fund. The moneys from this fund shall be used to acquire by purchase or lease real property to be used primarily for game production. This license shall be in such form as the Game, Fish and Parks Commission shall prescribe.

The provision in this section limiting the validity of a special nonresident waterfowl license to ten consecutive days does not apply in Union, Clay, Bon Homme, Yankton, and Charles Mix counties; and in such counties, the special nonresident waterfowl license is valid during the same period as is a resident waterfowl license.

The Game, Fish and Parks Commission may issue no more than four thousand nonresident waterfowl licenses in a calendar year.

Section 3. That § 41-6-18.4 be amended to read as follows:

41-6-18.4. The Game, Fish and Parks Commission may promulgate rules in accordance with chapter 1-26 to authorize the department to issue up to two thousand fall three-day temporary nonresident waterfowl licenses , up to two thousand early fall Canada goose temporary nonresident licenses, and a number of spring ~~five-day~~ snow goose temporary nonresident ~~waterfowl~~ licenses to be determined by the department, and to establish the fee therefor, validity of the licenses issued, types of waterfowl to be hunted, and areas in which hunting is permitted. The fall three-day temporary nonresident waterfowl licenses are valid only on private property, but are not valid on private property leased by the department for public hunting or on highways or other public rights-of-way within this state that otherwise meet the requirements of § 41-9-1.3. Revenue from the sale of fall three-day temporary nonresident waterfowl licenses shall be deposited in the department's land acquisition and development fund to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access in the counties adjacent to the Missouri River. Revenue from the sale of early fall Canada goose temporary nonresident licenses shall be deposited in the department's land acquisition and development fund to be used to acquire by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access. Before promulgating rules which permit the issuance of fall three-day temporary nonresident waterfowl licenses, the commission shall determine that adequate waterfowl hunting public

access has been provided through the department's land acquisition and development fund or through other means.

Section 4. That § 41-6-72 be amended to read as follows:

41-6-72. Licenses issued under this title ~~shall~~ expire on at the end of the last day of December of the calendar year for which they were issued unless specified otherwise in this chapter or as limited or provided by the applicable license and rules promulgated by the Game, Fish and Parks Commission in accordance with chapter 1-26. Waterfowl hunting licenses expire at the end of the last day of the hunting season for which the license was issued .

Section 5. That § 41-6-15 be repealed.

~~41-6-15. Any hunting or fishing license shall expire on the last day of December in the year in which it was purchased or as limited and provided by the applicable license.~~

Section 6. The issuance, licensure, and revenue dedication requirements relating to early fall Canada goose temporary nonresident licenses contained in sections 1 to 3, inclusive, of this Act are repealed on June 30, 2003. "

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

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 133 which was tabled.

Respectfully submitted,
Jim B. Dunn, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 167 and returns the same with the recommendation that said bill be amended as follows:

167fa

On page 1 , line 6 of the printed bill , after " property " insert " and services " .

On page 1 , line 6 , after " The " insert " auction " .

On page 1 , line 8 , after " . " insert " However, the auctioneer is responsible for the payment of the tax imposed by this chapter if the auction clerk is an employee of the auctioneer or if the auction clerk does not have a permit as required by this chapter. In addition to any other information required to be kept by this chapter, each auction clerk shall keep records that

identify the owner of the property sold at auction and the auctioneer who conducts the sale of such property.

Section 2. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

All auctions sales and consignment sales of tangible personal property and services are sales at retail. The auction clerk shall file the return and remit the tax imposed by this chapter on the gross receipts from each auction after applying the deductions provided by § 10-45-92. However, the auctioneer is responsible for the payment of the tax imposed by this chapter if the auction clerk is an employee of the auctioneer or if the auction clerk does not have a permit as required by this chapter. In addition to any other information required to be kept by this chapter, each auction clerk shall keep records that identify the owner of the property sold at auction and the auctioneer who conducts the sale of such property. "

167fta

On page 1 , line 1 of the printed bill , delete " require the clerk " and insert " clarify who is responsible " .

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

170fb

On page 1 , line 5 , after " median " insert " market " .

On page 1 , line 6 , after " median " insert " market " .

On page 1 , line 11 , delete " calendar " and insert " assessment " .

On page 1 , line 11 , before " assessment " insert " current " .

On page 1 , line 12 , after " . " insert " If there are less than five sales in the identifiable region, the director of equalization shall use sales of agricultural land within the identifiable region from the previous three years. "

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

69fa

On page 1 , line 10 of the printed bill , delete " used by a " and insert " fabricated by a contractor or subcontractor in South Dakota and used by such " .

And that as so amended said bill do pass.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1060 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 SB 183 which was deferred to the 36th legislative day.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1009, 1054, and 1118 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 Local Government respectfully reports that it has had under consideration HB 1074 and returns the same with the recommendation that said bill be amended as follows:

1074ta

On page 1 , after line 13 of the House engrossed bill , insert:

" The State of South Dakota is exempt from the provisions of this section but may, pursuant to § § 9-45-30 to 9-45-32, inclusive, be assessed for its apportioned share of the actual cost of any work under this section at the time the work is done. "

On page 2 , after line 7 , insert:

On page 2 , after line 21 , insert:

On page 3 , after line 11 , insert:

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1086 and returns the same with the recommendation that said bill be amended as follows:

1086fb

On page 1 , delete lines 5 to 12 of the printed bill , inclusive , and insert:

" 9-32-20.1. ~~If a municipality finds it necessary to acquire heavy machinery to maintain the cemetery and to open and close graves,~~ Any municipality may expend a portion of the perpetual care trust fund may be used under the following conditions: if the trust fund is in the amount of fifty thousand dollars or more, and the governing board deems it necessary to purchase heavy machinery for the proper interment of the deceased, one thousand dollars for each five thousand dollars to maintain the cemetery. However, only amounts in excess of fifty thousand dollars may be expended ~~to purchase heavy machinery~~ and used for cemetery ~~uses~~ purposes only. ~~The expenditure of perpetual care trust funds as provided for in this section may only be used once in a seven-year period~~ For expenditures in excess of five thousand dollars, notice of hearing shall be published twice, with the second notice not less than ten days in advance of the hearing . "

1086tta

On page 1 , line 1 of the printed bill , delete everything after " revise " and insert " certain provisions related to the care and maintenance of municipal cemeteries. " .

On page 1 , delete line 2 .

And that as so amended 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 SB 134 and 166 which were tabled.

Respectfully submitted,
Arlene H. Ham, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1003 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1028, 1030, 1099, 1111, 1112, 1127, 1144, 1150, 1156, 1174, 1187, 1192, 1195, 1206, 1238, and 1309 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1003: A CONCURRENT RESOLUTION, Supporting the designation of State Highway 34 as the Veterans of Foreign Wars Memorial Highway.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on SB 2 as found on page 267 of the Senate Journal; also

     Education on SB 178 as found on page 266 of the Senate Journal; also

     Commerce on SB 157 as found on page 268 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 176: FOR AN ACT ENTITLED, An Act to allow holders of installment sales contracts to collect a charge for a payment device returned for nonpayment.

Was read the second time.

     The question being "Shall SB 176 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; Valandra; Vitter; Whiting

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 10: FOR AN ACT ENTITLED, An Act to create a classification for owner-operated commercial business property and to establish a maximum property tax levy on owner-operated commercial business property for the general fund tax levy of a school district.

Was read the second time.

10fe

Sen. Vitter moved that SB 10 be further amended as follows:

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

" Section 1. That chapter 10-13 be amended by adding thereto a NEW SECTION to read as follows:

If a business is owned and operated by an individual or individuals to produce gross derived income from the business as defined in § 61 of the Internal Revenue Code, as amended on January 1, 2000, the individual or individuals may request that the business be classified as an owner-operated commercial business pursuant to this Act. An owner-operated commercial business may be organized in any legal form authorized by South Dakota law. The individual or individuals shall own one hundred percent of the owner-operated commercial business and the individual or individuals are, or were before retirement, actively operating the business as their primary economic activity. Primary economic activity means that all the individuals spend, or spent before retirement, a majority of the their time working in such business and at least thirty-three and one-third percent of the total gross income of the owner is derived from the operation of such business. For purposes of this Act, an owner-operated commercial business property is any building, structure, or land which is owned by all the owners of the owner- operated commercial business and assessed and taxed as a separate unit. An owner may only have one business location on a statewide basis classified as an owner-operated commercial business. If the owner operates the business in less than one hundred percent of the space within the building or structure, the portion of the building or structure so occupied by the owner shall be classified as an owner-operated commercial business. For the purposes of this Act an individual is a natural person.

Section 2. That chapter 10-13 be amended by adding thereto a NEW SECTION to read as follows:

To be eligible for a property tax classification as an owner-operated commercial business pursuant to this Act, all the owners of such business shall submit a certificate prescribed by the Department of Revenue, signed by each owner under oath, to the county director of equalization stating such individual or individuals are the owners of the property on the legal assessment date and meet the requirements of this Act. The certificate shall include a statement that none of the owners are applying for this property tax classification on another property. The owner shall sign the certificate under penalty of perjury and shall submit the certificate by March fifteenth. The owner shall notify the director of equalization if a change in eligibility for this classification occurs.

The director of equalization may request the owner or owners to supply any information the director deems necessary to establish the classification. If the director of equalization classifies the property as an owner-operated commercial business, the property shall retain this classification until such time that the owner's eligibility for this classification changes. If the director has questions as to the continued compliance with the requirements to maintain this property tax classification, the director of equalization may require evidence of compliance from the owner or owners.

Section 3. That chapter 10-13 be amended by adding thereto a NEW SECTION to read as follows:

Any individual or individuals who receive an owner-operated commercial business classification by misrepresenting the facts concerning ownership or eligibility for such classification shall be assessed a penalty equal to ten dollars per thousand dollars of valuation on the property, which assessment shall become a perpetual lien on the property pursuant to § 10-21-33. The individual or individuals shall be barred from receiving the owner-operated commercial business classification for any property in the state for the following five years.

Section 4. Sections 1 to 3, inclusive, of this Act are effective on January 1, 2001.

Section 5. That § 10-12-42 be amended to read as follows:

10-12-42. For taxes payable in ~~2000~~ 2003 and each year thereafter, the levy for the general fund of a school district shall be as follows:

(1) The maximum tax levy shall be sixteen dollars and fifteen cents per thousand dollars of taxable valuation subject to the limitations on agricultural property as provided in subdivision (2) of this section, owner-occupied property as provided for in subdivision (3) of this section, ~~and~~ nonagricultural acreage property as provided for in subdivision (4) of this section, and owner-operated commercial business property as provided for in subdivision (5) of this section ;

(2) The maximum tax levy on agricultural property for such school district shall be four dollars and seventy cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in ~~chapter 10-13~~ this section , the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies;

(3) The maximum tax levy for an owner-occupied single-family dwelling as defined in § 10-13-40, for such school district may not exceed seven dollars and fifty-six cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in ~~chapter 10-13~~ this section , the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies;

(4) The maximum tax levy on nonagricultural acreage property as defined in § 10-6-33.14, for such school district shall be five dollars and seventy cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in ~~chapter 10-13~~ this section , the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies ; and

(5) The maximum tax levy for an owner-operated commercial business property as defined in section 1 of this Act, for such school district shall be ten dollars per thousand dollars of the property's taxable valuation of two hundred thousand dollars or less and sixteen dollars and fifteen cents per thousand dollars of the property's

taxable valuation in excess of two hundred thousand dollars. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies .

All levies in this section shall be imposed on valuations where the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. These valuations shall be used for all school funding purposes. If the district has imposed an excess levy pursuant to § 10-12-43, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies in this section. The school district may elect to tax at less than the maximum amounts set forth in this section.

Section 6. Section 5 of this Act is effective on January 1, 2002. "

Which motion prevailed and SB 10 was so amended.

     The question being "Shall SB 10 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Dennert; Dunn (Rebecca); Duxbury; Flowers; Ham; Hutmacher; Kleven; Kloucek; Lange; Madden; Moore; Olson; Reedy; Staggers; Symens; Vitter

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

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

Sen. Vitter announced his intention to reconsider the vote by which SB 10 was lost.

HONORED GUESTS

The President introduced the 1998-99 Outstanding School Administrators of South Dakota: Dr. Tim Creal, New Underwood; Virgil Binfet, Mobridge; Luther Schumacher, Aberdeen; Dennis Germann, Madison; Dan Elwood, Pierre; and Rick Klawiter, Tyndall, who were escorted to the Chamber by Sen. Everist.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 28: FOR AN ACT ENTITLED, An Act to provide payment of tuition costs to education programs for students in governmental custody and to eliminate certain payments to educational programs operated by public school districts.

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

The question being "Shall SB 28 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Moore

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 3: FOR AN ACT ENTITLED, An Act to limit the application of certain restrictions on the eligibility of controlled substance violators for intercollegiate extracurricular competition.

Was read the second time.

     The question being "Shall SB 3 pass?"

     And the roll being called:

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

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

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

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

SB 4: FOR AN ACT ENTITLED, An Act to limit the application of certain restrictions on the eligibility of controlled substance violators for state funded scholarships.

Was read the second time.

     Sen. Olson moved that SB 4 be laid on the table.

     The question being on Sen. Olson's motion that SB 4 be laid on the table.

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent and Not Voting 0

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

Nays were:
Flowers; Olson; Paisley

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 4 was laid on the table.

SB 73: FOR AN ACT ENTITLED, An Act to require insurers to disclose certain provisions with regard to usual, customary, and reasonable charges.

Was read the second time.

The question being "Shall SB 73 pass?"

And the roll being called:

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

Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Everist; Kleven; Kloucek; Lawler; Munson (David); Olson; Paisley; Reedy; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Bogue; Dunn (Jim); Dunn (Rebecca); Duxbury; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Lange; Madden; Moore; Rounds; Staggers

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

SB 83: FOR AN ACT ENTITLED, An Act to provide immunity from civil and criminal liability for the placement and use of automated external defibrillators.

Was read the second time.

     The question being "Shall SB 83 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Moore

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. Hainje moved that the title to SB 83 be amended as follows:

On page 1 , line 1 of the Senate Judiciary committee engrossed bill , delete " and criminal " .

Which motion prevailed and the title was so amended.

SB 110: FOR AN ACT ENTITLED, An Act to prohibit the placement of certain hazardous or injurious devices on state lands and to provide penalties therefor.

Was read the second time.

     The question being "Shall SB 110 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent and Not Voting 0

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

Nays were:
Bogue; Brosz; Brown (Arnold); Drake; Dunn (Jim); Hainje; Halverson; Rounds

Excused were:
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 117: FOR AN ACT ENTITLED, An Act to prohibit strip-searches for violations of curfew.

Was read the second time.

     The question being "Shall SB 117 pass as amended?"

     And the roll being called:

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

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

Nays were:
Albers; Drake; Dunn (Jim); Halverson; Kleven; Rounds

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 175: FOR AN ACT ENTITLED, An Act to establish the Division of Antitrust Enforcement within the Office of the Attorney General, to provide for investigation and enforcement, and to amend investigation confidentiality requirements to allow state and federal officials access.

Was read the second time.

Sen. Whiting moved that SB 175 be referred to the Committee on Judiciary.

Sen. Jim Dunn moved the previous question.

Which motion prevailed.

Sen. Olson requested a roll call vote.

Which request was supported.

    The question being on Sen. Whiting's motion that SB 175 be referred to the Committee on Judiciary.

     And the roll being called:

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

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

Nays were:
Bogue; Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Symens; Valandra

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

SB 187: FOR AN ACT ENTITLED, An Act to provide for the revocation or refusal of a gaming or racing license.

Was read the second time.

The question being "Shall SB 187 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Nays were:
Moore

Excused were:
Symens

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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1028: FOR AN ACT ENTITLED, An Act to permit the provision of certain drugs and drug samples by physician assistants, nurse practitioners, and nurse midwives.

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

HB 1030: FOR AN ACT ENTITLED, An Act to define the duties of a motor carrier enforcement officer and to revise certain provisions regarding motor carrier inspectors.

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

HB 1099: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the privileges of doctors of chiropractic.

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

HB 1111: FOR AN ACT ENTITLED, An Act to prohibit an adult from purchasing alcoholic beverages for anyone under the age of twenty-one and to establish a penalty.

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

HB 1112: FOR AN ACT ENTITLED, An Act to authorize a merchant to detain certain persons who are under legal age and who have illegally purchased, attempted to purchase, or possess alcoholic beverages or tobacco products.

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

HB 1127: FOR AN ACT ENTITLED, An Act to authorize the assignment of health insurance proceeds to health care providers.

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

HB 1144: FOR AN ACT ENTITLED, An Act to allow for the award of reasonable attorney fees in certain legal proceedings.

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

HB 1150: FOR AN ACT ENTITLED, An Act to clarify the definition of value added agriculture.

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

HB 1156: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the deferred compensation fund for public employees.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1174: FOR AN ACT ENTITLED, An Act to revise the provisions on the liability of adjoining property owners for failure to repair or maintain sidewalks.

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

HB 1187: FOR AN ACT ENTITLED, An Act to clarify the time of filing petitions for adoption.

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

HB 1192: FOR AN ACT ENTITLED, An Act to allow law enforcement agencies to report certain violations of law and threats made by a student.

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

HB 1195: FOR AN ACT ENTITLED, An Act to restrict contact between defendant and victim after the commission of assault or stalking.

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

HB 1206: FOR AN ACT ENTITLED, An Act to prohibit the possession of certain highway markers, signs, or control devices.

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

HB 1238: FOR AN ACT ENTITLED, An Act to provide that a temporary restraining order may extend beyond thirty days in certain circumstances.

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

HB 1309: FOR AN ACT ENTITLED, An Act to revise the licensure renewal date for chiropractors.

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

Sen. Vitter moved that the Senate do now adjourn, which motion prevailed, and at 4:28 p.m. the Senate adjourned.

Patricia Adam, Secretary