Senate Journal 02/07/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 7, 2000

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

     The prayer was offered by the Chaplain, Pastor Geraldine King, followed by the Pledge of Allegiance led by Senate page Seth Koch.

     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 nineteenth 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.

The oath of office was administered by the President to the following named persons:

Pages: Brianne Barnett, Abby Bischoff, Trent Blare, Miriam Clinton, Leif Fixen, Craig Haugaard, Seth Koch, Jennifer Rogers, Susan Rogers, Kristina Strand, Jeffery Tanner, and Kayla Zirpel.

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

REPORTS OF STANDING COMMITTEES

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 do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1002 and returns the same with the recommendation that said resolution be concurred in and placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 198 which was tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1001 which was deferred to the 36th legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 163 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 Judiciary respectfully reports that it has had under consideration SB 100 and returns the same with the recommendation that said bill be amended as follows:

100oa

On page 1 , line 6 of the printed bill , after " in the " insert " physical " .

On page 1 , line 13 , after " children. " insert " The provisions of this Act do not apply to children in need of supervision while in any mental health program, chemical dependency treatment program, or private sector placement. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 108 and returns the same with the recommendation that said bill be amended as follows:

108ra

On page 1 , line 5 of the printed bill , delete everything after " may " and insert " petition a court of competent jurisdiction to order deoxyribonucleic acid (DNA) testing on evidence relevant to that person's case and on a sample drawn from that person. The court shall schedule a hearing on the petition within one hundred twenty days. The court on hearing the petition shall consider:

(1) The likelihood of sufficient DNA being recovered from the evidence to generate a sufficient sample for testing; and

(2) The likelihood that the results of DNA testing, if results do not match the DNA of the petitioner, would, if introduced at trial, produce sufficient reasonable doubt to prevent conviction.

If the court finds sufficient evidence, it shall order DNA testing to be done at the state's expense. The sample from the petitioner shall be collected by a health professional licensed or certified to do so. The sample from the evidence shall be collected by a competent professional. If the court determines that the results of testing, if introduced at trial, might reasonably produce sufficient doubt regarding the petitioner's guilt or result in a reversal of the petitioner's conviction, the court shall immediately order a trial de novo. If the test results do not result in a new trial or if the petitioner is reconvicted and that conviction, if appealed, is upheld, the petitioner shall reimburse the state for the costs of the services and testing. "

On page 1 , delete lines 6 to 12 , inclusive .

On page 1 , between lines 12 and 13 , insert:

" Section 2. Any court or law enforcement agency of the state shall preserve any DNA evidence in its possession that it knows or should know exists, if that evidence is relevant to any conviction of murder or of any felony under chapter 22-22. No court or law enforcement agency needs to preserve DNA evidence if the conviction has been overturned and the state has exhausted its appeals or declined to appeal, the convicted person has completed the sentence and has not indicated any intention to appeal, or the convicted person has died without filing an appeal. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 195 and returns the same with the recommendation that said bill be amended as follows:

195jc

On page 1 , line 5 of the printed bill , after " . " insert " A violation of this section is a Class 1 misdemeanor. "

On page 1 , line 7 , after " . " insert " A violation of this section is a Class 1 misdemeanor. "

On page 1 , line 9 , after " . " insert " A violation of this section is a Class 1 misdemeanor. "

On page 1 , after line 16 , insert:

" Section 6. For the purposes of this Act, the terms, knowingly destroy and knowingly subject, include the sale or transfer of human embryos with the knowledge that the embryos will be destroyed, subjected to risk of injury, or used for research purposes, in violation of this Act. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 20 and returns the same with the recommendation that said bill be amended as follows:

20ra

On page 1 , line 11 of the printed bill , after " certificate " insert " or passport " .

On page 1 , line 13 , after " security " insert " or other taxpayer identification " .

On page 2 , line 1 , after " numbers " insert " , passwords, or challenge questions " .

On page 2 , line 1 , delete " or " .

On page 2 , between lines 1 and 2 , insert:

" (9) User names or identifications;

(10) Biometric data; or " .

On page 2 , line 2 , delete " (9) " and insert " (11) " .

And that as so amended said bill do pass.

Respectfully submitted,
Fred Whiting, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1018, 1066, 1126, 1190, 1215, 1224, 1239, and 1272 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Whiting moved that HB 1046, 1059, 1095, 1128, and 1187 be referred from the Committee on Judiciary to the Committee on State Affairs.

Which motion prevailed and the bills were so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 184 as found on page 315 of the Senate Journal; also

     State Affairs on SB 199 as found on page 315 of the Senate Journal; also

     Taxation on SB 80 as found on page 316 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 96: FOR AN ACT ENTITLED, An Act to regulate motor vehicle service contracts.

Was read the second time.

     The question being "Shall SB 96 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; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Moore

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.

SCR 4: A CONCURRENT RESOLUTION, Requesting all South Dakota residents to be counted on April 1, 2000, for the 2000 Census.

    Was read the second time.

     The question being "Shall SCR 4 as found on page 254 of the Senate Journal be adopted?"

     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; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Moore

Excused were:
Paisley

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.

SCR 5: A CONCURRENT RESOLUTION, Expressing opposition to certain federal forestry policies and urging support of the Black Hills timber industry.

    Was read the second time.

     The question being "Shall SCR 5 as found on page 255 of the Senate Journal be adopted?"

     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; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Moore

Excused were:
Paisley

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 2: FOR AN ACT ENTITLED, An Act to repeal certain provisions banning students from extracurricular activities in secondary schools for controlled substance violations.

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

2rc

Sen. Olson moved that SB 2 be further amended as follows:

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

" Section 1. That § 13-32-9 be amended to read as follows:

13-32-9. Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for possession , or use ~~, or distribution~~ of controlled substances or marijuana as defined in chapter 22-42 is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education and Cultural Affairs for one year unless such person agrees to such counseling or drug testing as the school district may prescribe. Upon a subsequent adjudication, conviction, or suspended imposition of sentence for possession or use of controlled substances or marijuana by a court of competent jurisdiction, that person is ineligible to participate for one year in any extracurricular activity accredited by the Department of Educational and Cultural Affairs . Upon a second subsequent adjudication, conviction, or suspended imposition of sentence for possession , or use ~~, or distribution~~ of controlled substances or marijuana by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity while that person is attending any school accredited by the Department of Education and Cultural Affairs. Upon such a determination in any juvenile proceeding the Unified Judicial System shall give notice of that determination to the South Dakota High School Activities Association and the chief administrator of the school in which the person is enrolled.

Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for distribution of controlled substances or marijuana as defined in chapter 22-42 is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education and Cultural Affairs for one year. Upon a subsequent adjudication, conviction, or suspended imposition of sentence for distribution of controlled substances or marijuana by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity while that person is attending any school accredited by the Department of Education and Cultural Affairs. Upon such a determination in any juvenile proceeding the Unified Judicial System shall give notice of that determination to the South Dakota High School Activities Association and the chief administrator of the school in which the person is enrolled.

As used in this section, the term, extracurricular activity, means any activity sanctioned by the South Dakota High School Activities Association. "

Which motion prevailed and SB 2 was so amended.

     The question being "Shall SB 2 pass as amended?"

     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; Paisley; Reedy; Symens; Valandra

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Kleven; Madden; Munson (David); Rounds; Shoener; Staggers; 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 150: FOR AN ACT ENTITLED, An Act to authorize additional nonresident waterfowl licenses.

Was read the second time.

Sen. Frederick moved that SB 150 be deferred until Wednesday, February 9, the 22nd legislative day.

Which motion prevailed and the bill was so deferred.

SB 170: FOR AN ACT ENTITLED, An Act to revise the provisions relating to the establishment of separate market values in neighborhoods.

Was read the second time.

170xa

Sen. Symens moved that SB 170 be further amended as follows:

On page 1 , line 12 of the Senate Taxation committee engrossed bill , delete everything after " year. " and insert " If an identifiable region is established pursuant to this section such identifiable region shall remain until there are sufficient sales during an assessment year to establish inequitable valuation or valuations in excess of full and true to the property owners within the identifiable region. "

On page 1 , delete lines 13 and 14 .

Which motion prevailed and SB 170 was so amended.

The question being "Shall SB 170 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, 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; Valandra; Vitter; Whiting

Excused were:
Benson

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 192: FOR AN ACT ENTITLED, An Act to reenact the revised secured transactions article of the Uniform Commercial Code.

Was read the second time.

     The question being "Shall SB 192 pass?"

     And the roll being called:

     Yeas 31, Nays 4, 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; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Dunn (Rebecca); Kleven; Kloucek; Reedy

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 193: FOR AN ACT ENTITLED, An Act to establish certain requirements and procedures regarding electronic transactions.

Was read the second time.

President Pro tempore Halverson now presiding.

     The question being "Shall SB 193 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 2, 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; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Dunn (Rebecca); Kloucek

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 create a statewide underground tank cleanup program.

Was read the second time.

     The question being "Shall SB 197 pass as amended?"

     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; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Excused were:
Drake; Ham

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

SB 202: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to conciliation of labor disputes.

Was read the second time.

202tb

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

On page 1 , remove the overstrikes from lines 6 and 7 of the printed bill .

On page 1 , line 8 , remove the overstrikes from everything before " ~~The~~ " .

On page 1 , line 9 , delete everything after " ~~and~~ " .

On page 1 , line 10 , delete everything before " The " .

Which motion prevailed and SB 202 was so amended.

     The question being "Shall SB 202 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 13, Excused 0, Absent and Not Voting 0

     Yeas were:
Bogue; Brosz; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Hutmacher; Kleven; Kloucek; Lange; Lawler; Moore; Munson (David); Olson; Paisley; Reedy; Staggers; Symens; Valandra; Whiting

Nays were:
Albers; Benson; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Frederick; Halverson; Ham; Madden; Rounds; Shoener; 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 207: FOR AN ACT ENTITLED, An Act to require orientation for school board members.

Was read the second time.

Sen. Everist moved that SB 207 be deferred until Wednesday, February 9, the 22nd legislative day.

Which motion prevailed and the bill was so deferred.

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 124 and HB 1036, 1040, and 1043 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1017 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 Health and Human Services respectfully reports that it has had under consideration SB 5 and returns the same with the recommendation that said bill be amended as follows:

5jc

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

" Section 1. Any health benefit plan issued before July 1, 1996, is subject to the rating limitations provided in this section. For a class of business, the premium rates charged during a rating period to individuals with similar case characteristics for the same or similar coverage, or the rates that could be charged to such individuals under the rating system for that class of business, may not exceed three times the base premium rate after July 1, 2001, two and one-half times the base premium rate after July 1, 2003, and two times the base premium rate after July 1, 2005. "

And that as so amended said bill do pass.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1195 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 142 and returns the same with the recommendation that said bill be amended as follows:

142ra

On page 2 , line 25 of the printed bill , delete " order the revocation of the defendant's driving privilege for a further " .

On page 3 , line 1 , delete " period not to exceed one year or " .

142rb

On page 2 , line 23 of the printed bill , after " attendance " insert " at school or " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 161, which was reconsidered and returns the same with the recommendation that said bill be amended as follows:

161ja

On page 1 , line 12 of the printed bill , after " child " insert " or to a trust or similar legal device that the adult child is the beneficiary of " .

On page 1 , line 16 , delete " thirty " and insert " ninety " .

On page 1 , line 17 , after " parent. " insert " However, in the case of fraud or misrepresentation, notice shall be given within ninety days after such fraud or misrepresentation is known or should have been known. "

161sa

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

" Section 1. That § 25-7-27 be amended to read as follows:

25-7-27. ~~Every~~ Any adult child, having the financial ability so to do so, shall provide necessary food, clothing, shelter , or medical attendance for a parent who is unable to provide for ~~himself; provided that~~ oneself. However, no claim ~~shall~~ may be made against such adult child until ~~notice has been given such adult child~~ the adult child is given written notice that ~~his~~ the child's parent is unable to provide for ~~himself~~ oneself , and such adult child ~~shall have~~ has refused to provide for ~~his~~ the child's parent. Notice required by this section shall be given within

ninety days after the necessary food, clothing, shelter, or medical attendance was first provided for the parent. However, in the case of fraud or misrepresentation, notice shall be provided within ninety days after such fraud or misrepresentation is known or should have been known. If the parent or someone acting on behalf of the parent makes application for assistance pursuant to chapter 28-13, the county shall give the written notice required herein within ninety days after it receives the application of notice required under § 28-13-1, 28-13-32.3, 28-13-32.4, or 28-13- 34.1, whichever is sooner. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 70, which was reconsidered and returns the same with the recommendation that said bill be amended as follows:

0000fd

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

" Section 1. That § 32-6B-5 be amended to read as follows:

32-6B-5. The following persons are exempt from the provisions of this chapter:

(1) Any employee of any person licensed as a vehicle dealer if engaged in the specific performance of the employee's duties;

(2) Any financial institution chartered or licensed in any other jurisdiction that acquires vehicles as an incident to its regular business and sells such vehicles to dealers licensed under this chapter;

(3) Any nonprofit automobile club if selling automobiles twenty years old or older under the provisions of chapter 32-3;

(4) Any person acting as an auctioneer if auctioning South Dakota titled vehicles for a licensed dealer or a person who is exempt from the provisions of this chapter;

(5) Any person engaged in the business of manufacturing or converting new vehicles if selling such vehicles to a licensed dealer holding a franchise from the original manufacturer of the vehicle;

(6) Any person engaged in the business of manufacturing or customizing motorcycles may display but may not sell any motorcycles at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue at least five days before the event. The person shall pay a fee of one hundred fifty dollars for a ten-day temporary permit . However, if the permit

is purchased at least five days before the event, the person shall pay a fee of one hundred dollars for the ten-day temporary permit ;

(7) Any person engaged in the business of manufacturing trailers may display but may not sell any trailers at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue at least five days before the event. The person shall pay a fee of ~~fifty~~ seventy-five dollars for a ten-day temporary permit . However, if the permit is purchased at least five days before the event, the person shall pay a fee of fifty dollars for the ten-day temporary permit ;

(8) Any person may sell motorcycles at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue at least five days before the event. Before issuance of a permit, the applicant must provide proof they are a licensed dealer in their own state and have no outstanding dealer violations. The permit will only be issued if the motorcycles being sold are not franchised in this state. The person shall pay a fee of ~~two~~ three hundred dollars for a ten-day temporary permit . However, if the permit is purchased at least five days before the event, the person shall pay a fee of two hundred dollars for the ten-day temporary permit ;

(9) Any person may sell trailers at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue at least five days before the event. Before issuance of a permit, the applicant must provide proof they are a licensed dealer in their own state and have no outstanding dealer violations. The permit will only be issued if the trailers being sold are not franchised in this state. The person shall pay a fee of ~~one~~ two hundred and ~~fifty~~ twenty-five dollars for a ten-day temporary permit. However, regardless of whether or not there is a franchise in this state, any person may display a trailer at such an event . However, if the permit is purchased at least five days before the event, the person shall pay a fee of one hundred fifty dollars for the ten-day temporary permit ;

(10) Any person not engaged in the sale of vehicles as a business and is disposing of vehicles used solely for personal use if the vehicles were acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter;

(11) Any person not engaged in the sale of vehicles as a business who operates fleets of vehicles and is disposing of vehicles used in the person's business if the same were acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter;

(12) Any person who sells less than five vehicles in a twelve-month period, unless the person is licensed as a dealer in another state or holds himself or herself out as being in the business of selling vehicles. However, if the vehicles are travel trailers, any person who sells less than three travel trailers in a twelve-month period;

(13) Any public officer while performing the officer's official duties;

(14) Any receiver, trustee, administrator, executor, guardian, or other person appointed by or acting under the judgment or order of any court;

(15) Any regulated lenders as that term is defined in § 54-3-14, any insurance company authorized to do business in this state or any financing institution as defined in and licensed pursuant to chapter 54-7 that acquires vehicles as an incident to its regular business;

(16) Any towing agency that acquires and sells a vehicle which has been towed at the request of a private landowner under the provision of chapter 32-36 or at the request of a law enforcement officer, if no vehicle is sold for an amount over two hundred dollars; and

(17) Any vehicle rental and leasing company that sells its used vehicles to dealers licensed under this chapter. "

0000ftd

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide for the assessment of a higher fee for a vehicle dealer license permit purchased beyond the five-day requirement. "

On page 1 , delete line 2.

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 86, which was reconsidered and returns the same with the recommendation that said bill be amended as follows:

86oa

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

" Section 1. That § 32-12-15 be amended to read as follows:

32-12-15. The issuance of an instruction permit or restricted minor's permit is on a probationary basis. The Department of Commerce and Regulation on the receipt of a record of conviction for a traffic violation classified as a felony or Class 1 misdemeanor, prior to the minor's sixteenth birthday, shall suspend the minor's driving privileges until the minor's sixteenth birthday or as otherwise required by law. Upon the receipt of a record of conviction prior to the minor's sixteenth birthday of any other traffic violation, the department shall suspend an instruction permit or restricted minor's permit for a period of thirty days for a first violation. No permit may be suspended for a first violation of § 32-14-9.1, 32-21-27, 32-25-5, 32-26-6, 32-26-25, 32-26-40, 32-30-20, or 34A-7-7, for a first violation of § § 32-26-17 to 32-

26-20, inclusive, or for a first violation of § 32-25-1.1 or 32-25-7 that is ten miles per hour or less over the speed limit. A second conviction for a traffic violation committed prior to the minor's sixteenth birthday or a conviction for a violation of an instruction permit or restricted minor's permit committed prior to the minor's sixteenth birthday shall result in revocation of the minor's driving privileges until the minor's sixteenth birthday or for a period of ninety days, whichever period is longer, or as otherwise required by law. If a minor has no instruction permit or restricted minor's permit and is convicted of any traffic violation prior to the minor's sixteenth birthday, the department shall suspend or revoke the minor's driving privilege or privilege to apply for a permit or license as provided in this section. Any traffic violation which occurs prior to the issuance of an instruction permit or restricted minor's permit or an operator's license shall be placed on the driving record and given the same consideration as any violation which occurs following the issuance of an instruction permit, restricted minor's permit, or an operator's license. "

86ot

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " exempt certain traffic violations from the requirement that a restricted minor's permit be suspended. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1136 which was deferred to the 36th legislative day.

Respectfully submitted,
Fred Whiting, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1018: FOR AN ACT ENTITLED, An Act to transfer certain funds from the South Dakota Building Authority to the South Dakota Health and Education Facilities Authority.

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

HB 1066: FOR AN ACT ENTITLED, An Act to criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

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

HB 1126: FOR AN ACT ENTITLED, An Act to clarify the provision of municipal water and sewer services outside of municipal boundaries.

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

HB 1190: FOR AN ACT ENTITLED, An Act to repeal the specific time period that an insurance agent involved in certain crimes must wait before seeking licensure.

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

HB 1215: FOR AN ACT ENTITLED, An Act to allow contracts or agreements between governmental entities to be exempt from certain conflicts of interest.

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

HB 1224: FOR AN ACT ENTITLED, An Act to exempt certain church plans from certain insurance provisions.

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

HB 1239: FOR AN ACT ENTITLED, An Act to limit the use of mechanical restraints in juvenile correctional facilities.

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

HB 1272: FOR AN ACT ENTITLED, An Act to provide for periodic judicial review of status of children in custody of the Department of Corrections.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1074: FOR AN ACT ENTITLED, An Act to revise municipal special assessment provisions.

Was read the second time.

The question being "Shall HB 1074 pass as amended?"

And the roll being called:

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

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

Nays were:
Benson; Drake; Flowers; Hainje; Halverson; Kleven; Kloucek; Madden; Moore; Staggers

Excused were:
Bogue

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

     HB 1009: FOR AN ACT ENTITLED, An Act to redefine what marks are prohibited on a ballot and to require the county auditor to provide certain directions in conducting a recount.

     HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions related to expenses and compensation of water development district board members.

     HB 1060: FOR AN ACT ENTITLED, An Act to revise the standards of review for findings of fact.

     HB 1118: FOR AN ACT ENTITLED, An Act to require candidates for county commissioner to be residents of the district when signing the declaration of candidacy.

     And signed the same in the presence of the Senate.

Sen. Jim Dunn moved that the Senate do now adjourn, which motion prevailed, and at 4:50 p.m. the Senate adjourned.

Patricia Adam, Secretary